Ratcliffe v. Food Lion, LLC
| Terry Ratcliffe |
| Food Lion, LLC |
| 3:2018cv01177 |
| October 22, 2018 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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| Filing 48 RESPONSE in Opposition re #29 MOTION to Certify Class Plaintiff's Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act filed by Food Lion, LLC. (Attachments: #1 Exhibit 1 - US DOL Case Narrative (February 2, 2006), #2 Exhibit 2 - US DOL Case Narrative (December 23, 2009), #3 Exhibit 3 - Declaration of Josh Atkins, Assistant Store Manager, #4 Exhibit 4 - Declaration of Robert Bailey, Assistant Store Manager, #5 Exhibit 5 - Declaration of Melissa Barnette, Assistant Store Manager, #6 Exhibit 6 - Declaration of Keith Buchholz, Assistant Store Manager, #7 Exhibit 7 - Declaration of Trevor Cann, Assistant Store Manager, #8 Exhibit 8 - Declaration of Dana Cannon, Assistant Store Manager, #9 Exhibit 9 - Declaration of Kenneth Cline, Assistant Store Manager, #10 Exhibit 10 - Declaration of Dana Eyeler-Marsh, Assistant Store Manager, #11 Exhibit 11 - Declaration of Dante Frias, Assistant Store Manager, #12 Exhibit 12 - Declaration of Chad Hall, Assistant Store Manager, #13 Exhibit 13 - Declaration of Crystal Johnson, Assistant Store Manager, #14 Exhibit 14 - Declaration of Hillary Jordan, Assistant Store Manager, #15 Exhibit 15 - Declaration of Tony Kirsch, Assistant Store Manager, #16 Exhibit 16 - Declaration of Bridget Kittelton, Assistant Store Manager, #17 Exhibit 17 - Declaration of Jordan LaCroix, Assistant Store Manager, #18 Exhibit 18 - Declaration of Joseph Lyles, Assistant Store Manager, #19 Exhibit 19 - Declaration of Shakeema McClintock, Assistant Store Manager, #20 Exhibit 20 - Declaration of Rex Meads, Assistant Store Manager, #21 Exhibit 21 - Declaration of Amiel Moaveni, Assistant Store Manager, #22 Exhibit 22 - Declaration of Luke Moore, Assistant Store Manager, #23 Exhibit 23 - Declaration of Rebekah Northrup, Assistant Store Manager, #24 Exhibit 24 - Declaration of John Olson, Assistant Store Manager, #25 Exhibit 25 - Declaration of Ed Ownley, Assistant Store Manager, #26 Exhibit 26 - Declaration of Michael Paquin, Assistant Store Manager, #27 Exhibit 27 - Declaration of Brandon Poerio, Assistant Store Manager, #28 Exhibit 28 - Declaration of Bryan Poplin, Assistant Store Manager, #29 Exhibit 29 - Declaration of Allesha Pringle, Assistant Store Manager, #30 Exhibit 30 - Declaration of David Stanley, Assistant Store Manager, #31 Exhibit 31 - Declaration of Darrel Tetterton, Assistant Store Manager, #32 Exhibit 32 - Declaration of David Thomas, Assistant Store Manager, #33 Exhibit 33 - Declaration of Todd Warner, Assistant Store Manager, #34 Exhibit 34 - Declaration of Jarid Watts, Assistant Store Manager, #35 Exhibit 35 - Declaration of Zachary Wilkins, Assistant Store Manager, #36 Exhibit 36 - Declaration of Matthew Young, Assistant Store Manager, #37 Exhibit 37 - Food Lion Job Description - Assistant Store Manager, #38 Exhibit 38 - Summary Chart Personnel Records, #39 Exhibit 39-1 Personnel Records, #40 Exhibit 39-2 Personnel Records, #41 Exhibit 39-3 Personnel Records, #42 Exhibit 39-4 Personnel Records, #43 Exhibit 39-5 Personnel Records, #44 Exhibit 39-6 Personnel Records, #45 Exhibit 39-7 Personnel Records, #46 Exhibit 39-8 Personnel Records, #47 Exhibit 39-9 Personnel Records, #48 Exhibit 39-10 Personnel Records, #49 Exhibit 39-11 Personnel Records, #50 Exhibit 39-12 Personnel Records, #51 Exhibit 40 - Declaration of Rachelle Anthony, HR Business Partner)(Kuo, Eileen) |
| Filing 47 NOTICE of Filing by Terry Ratcliffe of Consent to Join (Attachments: #1 Exhibit A - Michael Stanbrook)(Swartz, Justin) |
| TN State Bar status verified as active for Lauren Paxton Roberts, and Rachel D. Bishop. (mg) |
Filing 46
INITIAL CASE MANAGEMENT ORDER. Signed by Magistrate Judge Alistair Newbern on 12/18/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Initial Case Management Conference held on 12/18/2018. (tm) |
| Filing 45 NOTICE of Appearance by Lauren Paxton Roberts on behalf of Food Lion, LLC (Roberts, Lauren) |
| Filing 44 PROPOSED CASE MANAGEMENT ORDER (Joint) filed by Terry Ratcliffe. (Yezbak, Charles) |
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Filing 43
ORDER: Having satisfied the requirements of Local Rule 83.01(b), the motion to appear pro hac vice (Doc. No. #42 ) of Jason Conway is GRANTED. Signed by Vicki R. Kinkade, Acting Clerk of Court on 12/12/2018. (mg)
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| PA State Bar status verified as active for Jason Conway. (mg) |
| Filing 42 MOTION for attorney(s) Jason Conway to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2812633) by Terry Ratcliffe. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Jason Conway Declaration)(Yezbak, Charles) |
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Filing 41
ORDER: The motion #39 to file a response to Plaintiffs' Motion for Conditional Certification is granted. Defendant's response is due December 20, 2018. Plaintiffs' reply is due January 3, 2019. Signed by District Judge Eli J. Richardson on 12/7/2018. (mg)
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| Filing 40 Defendant's First Amended ANSWER to #1 Complaint by Food Lion, LLC.(Kuo, Eileen) |
| Filing 39 Joint MOTION for Extension of Time to File Response and Reply Briefs to Motion for Conditional Certification by Food Lion, LLC. (Attachments: #1 Attachment Proposed Order)(Kuo, Eileen) |
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Filing 38
ORDER granting #27 Motion for Thomas Patrick Murphy to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 12/5/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 37
ORDER granting #25 Motion for Cashida Okeke to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 12/5/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 36
ORDER granting #24 Motion for William Robert Gignilliat to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 12/5/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 35
ORDER granting #23 Motion for D. Christopher Lauderdale to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 12/5/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 34
ORDER granting #33 Motion rescheduling the case management conference. The Initial Case Management Conference, currently scheduled for 10:30 a.m. on December 18, 2018, is rescheduled to 9:00 a.m. on the same date due to travel-related constraints for out-of-town counsel. Signed by Magistrate Judge Alistair Newbern on 12/4/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified text on 12/4/2018 (mg).
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| Filing 33 MOTION Reschedule Initial Case Management Conference by Terry Ratcliffe. (Yezbak, Charles) |
| Filing 32 CERTIFICATE OF SERVICE filed by Terry Ratcliffe re #28 Notice (Other) filed by Terry Ratcliffe, #30 Memorandum in Support, filed by Terry Ratcliffe, #31 Declaration, filed by Terry Ratcliffe, #29 MOTION to Certify Class Plaintiff's Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act filed by Terry Ratcliffe. (Swartz, Justin) Modified text on 12/4/2018 (mg). |
| Notice to Filer re DE #28 , #29 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (mg) |
| NOTICE TO COUNSEL Jason Conway: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 12/21/2018. (mg) |
| PA State Bar status verified as active for Jason Conway. (mg) |
| Filing 31 DECLARATION of Justin M. Swartz filed by Terry Ratcliffe re: #29 MOTION to Certify Class Plaintiff's Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act. (Attachments: #1 Exhibit A - Delhaize America Open Job Search webpage, #2 Exhibit B - Food Lion About Us webpage, #3 Exhibit C - Food Lion ASM Job Details webpage, #4 Exhibit D - Proposed Notice, #5 Exhibit E - Proposed Consent to Join form, #6 Exhibit F - Proposed Reminder Notice, #7 Exhibit G - Declaration of Terry Ratcliffe, #8 Exhibit H - Declaration of Anthony Collier, #9 Exhibit I - Declaration of Gary Melton, #10 Exhibit J - Declaration of Jeff Mitcheltree, #11 Exhibit K - Declaration of Jonathan Shelton, #12 Exhibit L - Declaration of Joshua Topping, #13 Exhibit M - Declaration of Alan Westing, #14 Exhibit N - Declaration of Marisela Kutzbach, #15 Exhibit O - Declaration of Steve Micchelli, #16 Exhibit P - Declaration of Ericka Bennett, #17 Exhibit Q - Declaration of Michael Noce, #18 Exhibit R - Declaration of Matthew Losak, #19 Exhibit S - Declaration of Charles Shelton, #20 Exhibit T - Declaration of Antionette Gray)(Swartz, Justin) |
| Filing 30 MEMORANDUM in Support of #29 MOTION to Certify Class Plaintiff's Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act filed by Terry Ratcliffe . (Swartz, Justin) |
| Filing 29 MOTION to Certify Class Plaintiff's Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the Fair Labor Standards Act by Terry Ratcliffe. (Attachments: #1 Attachment Proposed Order)(Swartz, Justin) |
| Filing 28 NOTICE of Filing by Terry Ratcliffe of Consents to Join (Attachments: #1 Exhibit A - Antionette L Gray, Matthew Thomas Losak, Michael Joseph Noce, Charles Scott Shelton)(Swartz, Justin) |
| Filing 27 MOTION for attorney(s) Thomas Patrick Murphy to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2803722) by Food Lion, LLC. (Attachments: #1 Exhibit Exhibit 1-Certificate of Good Standing)(Kuo, Eileen) |
| SC State Bar status verified as active for D. Christopher Lauderdale, William Robert Gignilliat IV, Cashida Okeke, and Thomas Patrick Murphy. (mg) |
| Filing 26 NOTICE of Filing by Terry Ratcliffe of Consent to Join (Attachments: #1 Exhibit A - Ericka Bennett)(Swartz, Justin) |
| Filing 25 MOTION for attorney(s) Cashida Okeke to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2802474) by Food Lion, LLC. (Attachments: #1 Exhibit Exhibit 1-Certificate of Good Standing)(Kuo, Eileen) |
| Filing 24 MOTION for attorney(s) William Robert Gignilliat to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2802463) by Food Lion, LLC. (Attachments: #1 Exhibit Exhibit 1-Certificate of Good Standing)(Kuo, Eileen) |
| Filing 23 MOTION for attorney(s) D. Christopher Lauderdale to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2802458) by Food Lion, LLC. (Attachments: #1 Exhibit Exhibit 1-Certificate of Good Standing)(Kuo, Eileen) |
| Filing 22 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Food Lion, LLC. (Attachments: #1 Attachment Disclosure)(Kuo, Eileen) |
| Filing 21 Defendant's ANSWER to #1 Complaint by Food Lion, LLC.(Kuo, Eileen) |
| Filing 20 NOTICE of Filing by Terry Ratcliffe of Two Consents to Become Party Plaintiff (Attachments: #1 Exhibit A - Consents to Sue)(Yezbak, Charles) |
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Filing 19
ORDER granting #12 Motion for Justin Mitchell Swartz to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 11/9/2018. (mg)
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Filing 18
ORDER granting #11 Motion for Laura Iris Mattes to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 11/9/2018. (mg)
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Filing 17
ORDER granting #10 Motion for Deirdre Anne Aaron to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 11/9/2018. (mg)
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| Filing 16 DECLARATION of Justin M. Swartz filed by Terry Ratcliffe re: #12 MOTION for attorney(s) Justin Mitchell Swartz to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794120). (Yezbak, Charles) |
| Filing 15 DECLARATION of Laura Iris Mattes filed by Terry Ratcliffe re: #11 MOTION for attorney(s) Laura Iris Mattes to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794125). (Yezbak, Charles) |
| Filing 14 DECLARATION of Deirdre A. Aaron filed by Terry Ratcliffe re: #10 MOTION for attorney(s) Deirdre Anne Aaron to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794111). (Yezbak, Charles) |
| Filing 13 NOTICE of Filing by Terry Ratcliffe re #10 MOTION for attorney(s) Deirdre Anne Aaron to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794111), #12 MOTION for attorney(s) Justin Mitchell Swartz to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794120), #11 MOTION for attorney(s) Laura Iris Mattes to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794125) Declarations in Support of Motions (Yezbak, Charles) |
| NY State Bar status verified as active for Deirdre Anne Aaron and Justin M. Swartz, and CA State Bar status verified as active for Laura Iris Mattes. (mg) |
| Filing 12 MOTION for attorney(s) Justin Mitchell Swartz to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794120) by Terry Ratcliffe. (Attachments: #1 Exhibit Justin Mitchell Swartz Certificate of Good Standing)(Yezbak, Charles) |
| Filing 11 MOTION for attorney(s) Laura Iris Mattes to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794125) by Terry Ratcliffe. (Attachments: #1 Exhibit Laura Iris Mattes Certificate of Good Standing)(Yezbak, Charles) |
| Filing 10 MOTION for attorney(s) Deirdre Anne Aaron to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2794111) by Terry Ratcliffe. (Attachments: #1 Exhibit Deirdre Anne Aaron Certificate of Good Standing)(Yezbak, Charles) |
| Filing 9 NOTICE of Filing by Terry Ratcliffe Consents to Become Party Plaintiff (Attachments: #1 Exhibit Gary Melton Consent, #2 Exhibit Jeffrey Mitcheltree Consent, #3 Exhibit Jonathan Shelton Consent, #4 Exhibit Curtis Skidmore Consent, #5 Exhibit Alan Westing Consent)(Yezbak, Charles) |
| Filing 8 SUMMONS returned executed by Terry Ratcliffe. Food Lion, LLC served on 10/26/2018. (Yezbak, Charles) |
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 10/26/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 6 Summons issued as to Food Lion, LLC. Service copies picked up by counsel. (mg) |
| Filing 5 NOTICE of Initial Case Management Conference set for 12/18/2018 at 10:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (mg) |
| Filing 4 Summons issued as to Food Lion, LLC. Service copies will be returned to counsel by mail. (mg) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| TN State Bar status verified as active for Charles P. Yezbak, III. (mg) |
| NOTICE TO COUNSEL Justin M. Swartz, Deirdre Aaron, and Laura Iris Mattes: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 11/13/2018. (mg) |
| NY State Bar status verified as active for Justin M. Swartz, and Deirdre Aaron, CA State Bar status verified as active for Laura Iris Mattes. (mg) |
| Filing 1 COMPLAINT against Food Lion, LLC (Filing fee $400, Receipt number 0650-2780475), filed by Terry Ratcliffe. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A - Consent to Sue)(mg) |
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