Ebe et al v. Johnson Controls Inc
| United Automobile Aerospace and Agricultural Implement Workers of America, Rick Joe Limbaugh, Michae Oscar Brown, Jack Ebe and Michael Oscar Brown |
| Johnson Controls Inc |
| 2:2021cv00180 |
| February 15, 2021 |
| US District Court for the Eastern District of Wisconsin |
| J P Stadtmueller |
| Labor: Labor/Mgt. Relations |
| 05 U.S.C. § 704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 JUDGMENT signed by Deputy Clerk and approved as to form by Judge J P Stadtmueller on 7/25/2022. (cc: all counsel)(jm) |
Filing 40
ORDER signed by Judge J P Stadtmueller on 7/25/2022. #30 Plaintiffs' Motion for Attorneys' Fees is GRANTED in part. #39 Plaintiffs' Unopposed Motion for Award of Attorneys' and for Dismissal with Prejudice is GRANTED; Plaintiffs AWARDED $53,964.50 in attorneys' fees, costs, and expenses. CASE DISMISSED with prejudice. See Order. (cc: all counsel)(jm)
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| Case no longer referred to Magistrate Judge Nancy Joseph. (rcm) |
| Filing 39 Unopposed MOTION to Dismiss with Prejudice and Award of Attorneys' Fees by Jack Ebe, Rick Joe Limbaugh. (Attachments: #1 Text of Proposed Order)(Parsons, William) |
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TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 7/11/2022. The parties shall give the court a status update on Plaintiffs' Motion for Attorney Fees (Docket #30 ) by no later than July 18, 2022. (cc: all counsel)(sf)
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Filing 38
ORDER signed by Judge J P Stadtmueller on 5/31/2022: GRANTING #27 Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement; APPROVING settlement and settlement payments; and REFERRING CASE to Magistrate Judge Nancy Joseph for recommendation as to #30 Plaintiffs' Motion for Attorneys' Fees. (cc: all counsel)(jm)
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| Filing 37 Minute Entry for proceedings held before Judge J P Stadtmueller: Fairness Hearing held on 5/27/2022 (Court Reporter Thomas Malkiewicz) (DeCarlo, Lauren) |
| Filing 36 BRIEF in Opposition filed by Johnson Controls Inc re #30 MOTION for Attorney Fees . (Attachments: #1 Exhibit A-Defendants Calculation of OverBilling)(Bobber, Bernard) |
| Filing 35 DECLARATION of Aaron J. Bibb in Support of Motion for Attorney Fees (Parsons, William) |
| Filing 34 DECLARATION of Jessa L. Victor in Support of Motion for Attorney Fees (Parsons, William) |
| Filing 33 DECLARATION of Richard Saks in Support of Motion for Attorney Fees (Parsons, William) |
| Filing 32 DECLARATION of William E. Parsons in Support of Motion for Attorney Fees (Attachments: #1 Exhibit A - Fee Log)(Parsons, William) |
| Filing 31 BRIEF in Support filed by Jack Ebe, Rick Joe Limbaugh re #30 MOTION for Attorney Fees . (Parsons, William) |
| Filing 30 MOTION for Attorney Fees by Jack Ebe, Rick Joe Limbaugh. (Parsons, William) |
| Filing 29 DECLARATION of William E. Parsons (Attachments: #1 Exhibit A - Signed Statement from Richard Jordan)(Parsons, William) |
| Filing 28 BRIEF in Support filed by Jack Ebe, Rick Joe Limbaugh re #27 Unopposed MOTION for Settlement for Final Approval of Class Action Settlement . (Parsons, William) |
| Filing 27 Unopposed MOTION for Settlement for Final Approval of Class Action Settlement by Jack Ebe, Rick Joe Limbaugh. (Attachments: #1 Text of Proposed Order)(Parsons, William) |
| Filing 26 DECLARATION of Aaron J. Bibb (Parsons, William) |
| Filing 25 NOTICE by Jack Ebe, Rick Joe Limbaugh of the Death of Plaintiff Michael Brown (Parsons, William) |
| Filing 24 OBJECTIONS RECEIVED from George W Wingerd and Ann E Wingerd. (Attachments: #1 Envelope) (bx) |
| Filing 23 NOTICE of Appearance by Aaron Bibb on behalf of All Plaintiffs. Attorney(s) appearing: Aaron J. Bibb (Bibb, Aaron) |
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Filing 22
ORDER signed by Judge J P Stadtmueller on 1/28/2022. IT IS ORDERED that Plaintiffs' unopposed motion for preliminary approval of the proposed settlement (Docket #17 ) be and the same is hereby GRANTED; IT IS FURTHER ORDERED that the parties' settlement agreement (Docket #19 -1) be and the same is hereby preliminarily APPROVED; IT IS FURTHER ORDERED that Plaintiffs' proposed class be and the same is hereby conditionally APPROVED for the purpose of settlement; IT IS FURTHER ORDERED that plaintiffs Jack Ebe, Michael Brown, and Rick Limbaugh be and the same are hereby APPOINTED class representatives; IT IS FURTHER ORDERED that Hawks Quindel, S.C. be and the same is hereby APPOINTED class counsel pursuant to Federal Rule of Civil Procedure 23(g); IT IS FURTHER ORDERED that Plaintiffs' proposed notice to the class (Docket #19 -1 at 78) be and the same is hereby APPROVED; IT IS FURTHER ORDERED that all pending dates and deadlines in the Courts scheduling order (Docket #15 ) be and the same are hereby STAYED until further order from the Court; IT IS FURTHER ORDERED that a final fairness hearing shall be held on May 27, 2022 at 8:30 a.m. (cc: all counsel)(rcm)
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| NOTICE of Hearing: Fairness Hearing set for 5/27/2022 at 8:30 AM by Telephone before Judge J P Stadtmueller. The Court will initiate the call. Counsel shall notify chambers of the direct telephone number at which they may be reached by notifying chambers at 414-297-1122 no later than 12:00PM the day prior to the hearing. The hearing will be by telephone unless the parties contact chambers to make other arrangements.(cc: all counsel)(rcm) |
| Filing 21 DECLARATION of William E. Parsons (Attachments: #1 Exhibit A - Settlement Agreement and Release of Claims)(Parsons, William) |
| NOTICE of Electronic Filing Error re #20 Proposed Document filed by Rick Joe Limbaugh, Michael Oscar Brown, Jack Ebe ; This document should have been filed as an attachment to the motion. This document does not need to be re-filed ; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (rcm) |
| Filing 20 PROPOSED Proposed Order filed by Michael Oscar Brown, Jack Ebe, Rick Joe Limbaugh. (Parsons, William) |
| Filing 19 DECLARATION of William E. Parsons in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement (Attachments: #1 Exhibit A - Proposed Settlement Agreement)(Parsons, William) |
| Filing 18 BRIEF in Support filed by Michael Oscar Brown, Jack Ebe, Rick Joe Limbaugh re #17 Unopposed MOTION For Preliminary Approval of Class Action Settlement . (Parsons, William) |
| Filing 17 Unopposed MOTION For Preliminary Approval of Class Action Settlement by Michael Oscar Brown, Jack Ebe, Rick Joe Limbaugh. (Parsons, William) |
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Filing 16
ORDER signed by Judge J P Stadtmueller on 9/2/2021 regarding the Court's COVID-19 safety protocols. All persons physically present before Judge J P Stadtmueller must be fully vaccinated against the COVID-19 virus and provide proof as such. See Order for details. (cc: all counsel)(DeCarlo, Lauren)
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Filing 15
TRIAL SCHEDULING ORDER signed by Judge J.P. Stadtmueller on 7/30/2021. Interim Settlement Report due by 3/25/2022; Dispositive Motions due by 4/1/2022; Final Settlement Report due by 7/25/2022; Motions in Limine and Daubert Motions due by 7/29/2022; Final/Joint Pretrial Report due by 2:00 PM on 8/3/2022. Final Pretrial Conference set for 8/9/2022 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. Jury Trial set for 8/15/2022 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. See Order. (cc: all counsel) (DeCarlo, Lauren)
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| Filing 14 Minute Entry for proceedings held before Judge J P Stadtmueller: Status Conference held on 7/20/2021 (Court Reporter John Schindhelm) (DeCarlo, Lauren) |
| Filing 13 Joint REPORT of Rule 26(f) Plan by All Plaintiffs. (Parsons, William) |
| NOTICE of Hearing: Status Conference set for 7/20/2021 at 9:30 AM by telephone before Judge J P Stadtmueller. The court will initiate the call. No later than 12:00 PM the day prior to the hearing, counsel shall notify chambers at 414-297-1122 of the direct telephone number at which they may be reached. (cc: all counsel) (DeCarlo, Lauren) |
| Filing 12 Magistrate Judge Jurisdiction Form filed by Johnson Controls Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Bobber, Bernard) |
| NOTICE from the clerk to Defendant's Counsel requesting that the Consent/Refusal form to Magistrate Judge Nancy Joseph be filed within 5 days; the form is available #here. (bx) |
| Filing 11 ANSWER to #4 Amended Complaint by Johnson Controls Inc.(Bobber, Bernard) |
| Filing 10 NOTICE of Appearance by Corissa L Pennow on behalf of Johnson Controls Inc. Attorney(s) appearing: Corissa L. Pennow (Pennow, Corissa) |
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Filing 9
ORDER signed by Judge J P Stadtmueller on 3/17/2021 GRANTING #8 Defendant's Motion for Extension of Time. By 4/30/2021, Defendant to RESPOND to #4 Plaintiffs' First Amended Complaint. (cc: all counsel)(jm)
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| Filing 8 Expedited MOTION to Enlarge Time to Respond to Plaintiff's First Amended Complaint by Johnson Controls Inc. (Bobber, Bernard) |
| Filing 7 DISCLOSURE Statement by Johnson Controls Inc. (Bobber, Bernard) |
| Filing 6 NOTICE of Appearance by Bernard J Bobber on behalf of Johnson Controls Inc. Attorney(s) appearing: Bernard J. Bobber (Bobber, Bernard) |
| Filing 5 SUMMONS Returned Executed by All Plaintiffs. Johnson Controls Inc served on 2/24/2021. (Parsons, William) |
| Filing 4 FIRST AMENDED COMPLAINT with Jury Demand against Johnson Controls Inc filed by Jack Ebe, Michael Oscar Brown, Rick Joe Limbaugh.(Saks, Richard) Modified on 2/24/2021 (bx). |
| Case Opening Modification(s); The following modification(s) have been made to your case entry: One or more party names have been modified (Do not add addresses or punctuation); All names on docket should match what is on the complaint - please remember to follow the Party Name Guidelines found on our website. ; Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance (bx) |
| NOTICE of Electronic Filing Error re #1 Complaint filed by Jack Ebe, United Automobile Aerospace and Agricultural Implement Workers of America, Rick Joe Limbaugh, Michae Oscar Brown ; Electronically filed documents should not be scanned whenever possible i.e Civil Cover Sheet. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (bx) |
| Summons Issued as to Johnson Controls Inc. (bx) |
| NOTICE of Electronic Filing Error re #2 Consent/Refusal to Jurisdiction by US Magistrate Judge filed by Jack Ebe, United Automobile Aerospace and Agricultural Implement Workers of America, Rick Joe Limbaugh, Michae Oscar Brown ; Document must completely filled out and marked consent or refusal. This document must be RE-FILED; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (bx) |
| Filing 3 DISCLOSURE Statement by Michae Oscar Brown, Jack Ebe, Rick Joe Limbaugh, United Automobile Aerospace and Agricultural Implement Workers of America. (Saks, Richard) |
| Filing 2 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Saks, Richard) |
| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) |
| Filing 1 COMPLAINT with Jury Demand; against All Defendants by United Automobile Aerospace and Agricultural Implement Workers of America, Jack Ebe, Michae Oscar Brown, Rick Joe Limbaugh. ( Filing Fee PAID $402 receipt number AWIEDC-3735229) (Attachments: #1 Summons, #2 Civil Cover Sheet)(Saks, Richard) |
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