Tomko v. Itron Inc
Plaintiff: Shawn Tomko
Defendant: Itron Inc
Case Number: 2:2020cv00375
Filed: October 15, 2020
Court: US District Court for the Eastern District of Washington
Presiding Judge: Salvador Mendoza
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 206
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2020 Opinion or Order Filing 46 TEXT ORDER: Plaintiff's motion for leave to be excused from scheduling conference, ECF No. #44 , and related motion to expedite, ECF No. #45 , are GRANTED. In the event that Mr. Crotty's likely conflict prevents him from appearing at the telephonic scheduling conference set for December 17, 2020 at 8:40 A.M., pro hac vice co-counsel may appear in his place. Mr. Crotty should advise co-counsel of his calendar before the conference so that they are prepared to discuss scheduling in this matter. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURTS ORDER OR NOTICE ON THE MATTER.Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
December 11, 2020 Filing 45 MOTION to Expedite by Shawn Tomko. Motion Hearing set for 12/16/2020 Without Oral Argument before Judge Salvador Mendoza Jr. (Crotty, Matthew)
December 11, 2020 Filing 44 MOTION excused from scheduling conference re #36 Scheduling Conference Notice by Shawn Tomko. Motion Hearing set for 1/11/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Crotty, Matthew)
December 4, 2020 Opinion or Order Filing 43 ORDER ADOPTING STIPULATED PROTECTIVE ORDER, re: #42 Rule 26 / Rule 16 Joint Certificate filed by Shawn Tomko. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
December 3, 2020 Filing 42 Joint Certificate Pursuant to Rule 26 / Rule 16 by Shawn Tomko. (Attachments: #1 Supplement Joint Stip re confidentiality and Proposed Protective Order)(Crotty, Matthew)
December 3, 2020 Filing 41 NOTICE of Compliance With Scheduling Order by Shawn Tomko re service of Initial Disclosures (Crotty, Matthew)
December 3, 2020 Filing 40 Rule 26 / Rule 16 Attorney Report RE Confirmation of Def Compliance with Rule 26(a)(1) Initial Disclosures by Itron Inc. (Berntsen, Stephanie)
November 9, 2020 Opinion or Order Filing 39 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; Granting #32 Motion for Leave to Appear Pro Hac Vice. Attorney Lauren E Marzullo added to defendant Itron Inc. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
November 9, 2020 Opinion or Order Filing 38 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; Granting #33 Motion for Leave to Appear Pro Hac Vice. Added Attorney Marissa K Zalasky for Itron Inc. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
November 9, 2020 Opinion or Order Filing 37 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; Granting #31 Motion for Leave to Appear Pro Hac Vice, Attorney Christopher K Ramsey added to represent defendant Itron Inc. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
November 3, 2020 Filing 36 SCHEDULING CONFERENCE NOTICE: Telephonic Scheduling Conference set for 12/17/2020 at 08:40 AM via Teleconference before Judge Salvador Mendoza Jr. (Attachments: #1 Consent to MJ Form)(TNC, Courtroom Deputy)
November 2, 2020 Opinion or Order Filing 35 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; Granting #27 Motion for Leave to Appear Pro Hac Vice. Added Attorney Jeffrey W Chivers for Shawn Tomko. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
November 2, 2020 Opinion or Order Filing 34 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE, Granting #28 Motion for Leave for Joseph H. Chivers to Appear Pro Hac Vice. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator)
October 29, 2020 Filing 33 MOTION to Appear Pro Hac Vice re Attorney: Marissa K. Zalasky. Filing fee $ 200, receipt number 0980-3602743. by Itron Inc. Motion Hearing set for 11/30/2020 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Curry, Farron)
October 29, 2020 Filing 32 MOTION to Appear Pro Hac Vice re Attorney: Lauren E. Marzullo. Filing fee $ 200, receipt number 0980-3602738. by Itron Inc. Motion Hearing set for 11/30/2020 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Curry, Farron)
October 29, 2020 Filing 31 MOTION to Appear Pro Hac Vice re Attorney: Christopher K. Ramsey. Filing fee $ 200, receipt number 0980-3602724. by Itron Inc. Motion Hearing set for 11/30/2020 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Curry, Farron)
October 28, 2020 Filing 30 NOTICE of Appearance Stephanie P. Berntsen by Stephanie P Berntsen on behalf of Itron Inc (Attorney Stephanie P Berntsen added to party Itron Inc(pty:dft))(Berntsen, Stephanie)
October 28, 2020 Filing 29 NOTICE of Appearance Farron Curry by Farron Danelle Curry on behalf of Itron Inc (Attorney Farron Danelle Curry added to party Itron Inc(pty:dft))(Curry, Farron)
October 16, 2020 Filing 28 MOTION to Appear Pro Hac Vice re Attorney: Joseph Chivers. Filing fee $ 200, receipt number 0980-3589844. by Shawn Tomko. Motion Hearing set for 11/16/2020 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Affidavit Declaration)(Crotty, Matthew)
October 16, 2020 Filing 27 MOTION to Appear Pro Hac Vice re Attorney: Jeff Chivers. Filing fee $ 200, receipt number 0980-3589830. by Shawn Tomko. Motion Hearing set for 11/16/2020 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Affidavit Declaration)(Crotty, Matthew)
October 15, 2020 Filing 26 NOTICE of Association of Counsel by Matthew Z Crotty on behalf of Shawn Tomko (Attorney Matthew Z Crotty added to party Shawn Tomko(pty:pla))(Crotty, Matthew)
October 15, 2020 Filing 25 Case transferred in from District of Pennsylvania Western; Case Number 2:20-cv-01170. Docket sheet received.
October 9, 2020 Opinion or Order Filing 24 ORDER granting #20 Plaintiff's Unopposed Motion to Transfer Case. The Clerk of Court shall transfer this matter forthwith to the United States District Court for the Eastern District of Washington and transmit a certified copy of this Order. The Clerk shall mark this case closed in the Western District of Pennsylvania. See Order for further details.Signed by Judge W. Scott Hardy on 10/9/20. (kw) [Transferred from Pennsylvania Western on 10/15/2020.]
October 9, 2020 Opinion or Order Filing 23 ORDER GRANTING #22 Motion for Extension of Time to File Reply. Signed by Judge W. Scott Hardy on 10/09/20. (jmm) [Transferred from Pennsylvania Western on 10/15/2020.]
October 8, 2020 Filing 22 Consent MOTION for Extension of Time to File Response/Reply as to #19 Brief in Opposition to Motion, #10 MOTION to Conditionally Certify an FLSA Collective and To Facilitate Notice by SHAWN TOMKO. (Attachments: #1 Proposed Order) (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
October 8, 2020 Filing 21 BRIEF in Support re #20 Motion to Transfer Case filed by SHAWN TOMKO. (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
October 8, 2020 Filing 20 Unopposed MOTION to Transfer Case to the U.S. District Court for the Eastern District of Washington by SHAWN TOMKO. (Attachments: #1 Proposed Order) (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
October 1, 2020 Filing 19 BRIEF in Opposition re #10 Motion to Conditionally Certify an FLSA Collective and to Facilitate Notice filed by ITRON, INC. (Ramsey, Christopher) Modified on 10/7/2020 (cel). [Transferred from Pennsylvania Western on 10/15/2020.]
October 1, 2020 Filing 18 Disclosure Statement identifying None as corporate parent or other affiliate, by ITRON, INC.. (Ramsey, Christopher) [Transferred from Pennsylvania Western on 10/15/2020.]
October 1, 2020 Filing 17 ANSWER to #1 Complaint and Affirmative and Other Defenses to Plaintiff's Individual and Collective/Class Action Complaint by ITRON, INC.. (Ramsey, Christopher) [Transferred from Pennsylvania Western on 10/15/2020.]
September 22, 2020 Opinion or Order Filing 16 ORDER REASSIGNING CASE. Case reassigned to W. Scott Hardy for all further proceedings. Judge Robert J. Colville no longer assigned to case. All previously scheduled deadlines and proceedings shall remain in effect unless otherwise ordered by the Court. See order at 2:20-mc-1349. Signed by Chief Judge Mark R. Hornak on 9/22/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (map) [Transferred from Pennsylvania Western on 10/15/2020.]
September 9, 2020 Filing 15 NOTICE of Appearance by Lauren E. Marzullo on behalf of ITRON, INC.. (Marzullo, Lauren) [Transferred from Pennsylvania Western on 10/15/2020.]
September 9, 2020 Opinion or Order Filing 14 ORDER indicating that upon consideration of #12 Defendant's Motion for Extension of Time to File its Opposition to Plaintiff's Motion to Conditionally Certify an FLSA Collective and to Facilitate Notice #10 and Plaintiff's Response thereto #13 , it is hereby ordered that said Motion #12 granted. Defendant's Response to Plaintiff's Motion to Conditionally Certify an FLSA Collective and to Facilitate Notice #10 is due by 10/1/20. Signed by Judge Robert J. Colville on 9/9/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from Pennsylvania Western on 10/15/2020.]
September 9, 2020 Filing 13 RESPONSE IN OPPOSITION to #12 Motion to Extend Time, filed by SHAWN TOMKO. (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
September 8, 2020 Filing 12 MOTION to Extend Time to 10/01/2020 by ITRON, INC.. (Attachments: #1 Proposed Order) (Ramsey, Christopher) [Transferred from Pennsylvania Western on 10/15/2020.]
August 28, 2020 Filing 11 BRIEF in Support re #10 Motion for Miscellaneous Relief, Motion to Conditionally Certify an FLSA Collective and to Facilitate Notice filed by SHAWN TOMKO. (Attachments: #1 Exhibit 1 (Declaration of Shawn Tomko), #2 Exhibit 2 (Declaration of Jessica Grass)) (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
August 28, 2020 Filing 10 MOTION to Conditionally Certify an FLSA Collective and To Facilitate Notice by SHAWN TOMKO. (Attachments: #1 Exhibit 1 (Proposed Notice with Opt-In Consent Form), #2 Exhibit 2 (Proposed Text Message Notice), #3 Exhibit 3 (Proposed Email Notice), #4 Exhibit 4 (Reminder Letter), #5 Proposed Order) (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
August 27, 2020 Filing 9 Stipulation for Extension of Time to Answer by ITRON, INC. Answer due from ITRON, INC. on 10/1/2020. (Ramsey, Christopher) [Transferred from Pennsylvania Western on 10/15/2020.]
August 27, 2020 Filing 8 NOTICE of Appearance by Christopher K. Ramsey on behalf of ITRON, INC.. (Ramsey, Christopher) [Transferred from Pennsylvania Western on 10/15/2020.]
August 12, 2020 Filing 7 CONSENT TO OPT IN as a class member by Shawn Tomko. (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
August 12, 2020 Filing 6 SUMMONS/Return of Service Returned Executed by SHAWN TOMKO. ITRON, INC. served on 8/11/2020, answer due 9/1/2020. (Chivers, Joseph) [Transferred from Pennsylvania Western on 10/15/2020.]
August 10, 2020 Filing 5 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg) [Transferred from Pennsylvania Western on 10/15/2020.]
August 10, 2020 Opinion or Order Filing 4 ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 8/10/20. (jg) [Transferred from Pennsylvania Western on 10/15/2020.]
August 10, 2020 Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) [Transferred from Pennsylvania Western on 10/15/2020.]
August 7, 2020 Filing 2 Summons Issued as to ITRON, INC. (cel) [Transferred from Pennsylvania Western on 10/15/2020.]
August 6, 2020 Filing 1 COMPLAINT against ITRON, INC. (Filing fee, including Administrative fee, $400, receipt number APAWDC-5816579), filed by SHAWN TOMKO. (Attachments: #1 Civil Cover Sheet) (cel) [Transferred from Pennsylvania Western on 10/15/2020.]

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Defendant: Itron Inc
Represented By: Christopher K. Ramsey
Represented By: Lauren E. Marzullo
Represented By: Marissa K Zalasky
Represented By: Farron Danelle Curry
Represented By: Stephanie P Berntsen
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Plaintiff: Shawn Tomko
Represented By: Joseph H. Chivers
Represented By: Matthew Z Crotty
Represented By: Jeffrey W Chivers
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