Reyes v. ML Enterprises et al
| Wuilmer Reyes |
| ML Enterprises and Marco Lezameta |
| 2:2021cv00437 |
| April 6, 2021 |
| US District Court for the Eastern District of Wisconsin |
| Lynn Adelman |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 55
ORDER signed by Judge Lynn Adelman on 03/06/23 GRANTING #48 Motion for Attorney Fees. Plaintiff shall recover the sum of $16,890 from defendants ML Enterprises and Marco Lezameta. This amount is in addition to the amounts awarded by the court's judgment of December 30, 2022. (cc: all counsel)(kmr)
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Filing 54
COSTS TAXED in amount of $ 502.00 against ML Enterprises; Marco Lezameta. (cc: all counsel) (bx)
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Filing 53
LETTER from Atty Emmanuel Mamalakis re: Bill of Cost . (Mamalakis, Emmanuel)
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Filing 52
BRIEFING LETTER Electronically Transmitted to Parties re #51 Bill of Costs. Objections due 01/27/2023, Response due 02/03/2023, and Reply due 02/10/2023. (cc: all counsel) (bx)
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Filing 51
PROPOSED BILL OF COSTS by All Plaintiffs (Ho, Yingtao)
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Filing 50
DECLARATION of Yingtao Ho (Attachments: #1 Attorney's Fees)(Ho, Yingtao)
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Filing 49
BRIEF in Support filed by All Plaintiffs re #48 MOTION for Attorney Fees . (Ho, Yingtao)
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Filing 48
MOTION for Attorney Fees by All Plaintiffs. (Ho, Yingtao)
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Filing 47
JUDGMENT signed by Deputy Clerk on 12/30/2022. IT IS ORDERED AND ADJUDGED that plaintiff's FLSA claims are dismissed for lack of individual or enterprise coverage and that judgment is entered in favor of the plaintiff on his claims under Wisconsin law as follows: (1) plaintiff shall recover overtime compensation from defendant ML Enterprises in the amount of $560.50; (2) plaintiff shall recover $1,891 from defendants ML Enterprises and Marco Lezameta, jointly and severally, under Wis. Stat. 103.455; (3) plaintiff shall recover $300 from defendant ML Enterprises for straight-time pay owed; and (4) plaintiff shall recover $200 from defendant ML Enterprises for use of plaintiff's truck. (cc: all counsel)(blr)
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Filing 46
DECISION AND ORDER signed by Judge Lynn Adelman on 12/30/2022. IT IS ORDERED that defendants' motion for summary judgment (ECF No. #27 ) is GRANTED IN PART and DENIED IN PART. The motion is granted to the extent that the plaintiff's FLSA claims are dismissed for lack of individual or enterprise coverage. In all other respects, it is denied. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment (ECF No. #31 ) is GRANTED IN PART. The motion is granted to the extent that judgment will be entered in plaintiff's favor on his claims under Wisconsin law. The Clerk of Court shall enter a separate final judgment. (cc: all counsel)(blr)
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Filing 45
RESPONSES to Defendants' Additional Proposed Findings of Fact by All Plaintiffs (Ho, Yingtao) Modified on 9/2/2022 (bx).
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Filing 44
REPLY BRIEF in Support filed by All Plaintiffs re #31 MOTION for Summary Judgment . (Ho, Yingtao)
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Filing 43
DECLARATION of Marco Lezameta (Mamalakis, Emmanuel)
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Filing 42
STATEMENT OF FACT by All Defendants . (Mamalakis, Emmanuel)
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Filing 41
BRIEF in Opposition filed by All Defendants re #31 MOTION for Summary Judgment . (Mamalakis, Emmanuel)
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Filing 40
DECLARATION of Emmanuel Mamalakis (Corrected) In Support of Motion for Summary Judgement ECF #27 (Mamalakis, Emmanuel)
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Filing 39
DECLARATION of Yingtao Ho (Attachments: #1 Defendants' initial disclosures and transmittal email)(Ho, Yingtao)
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Filing 38
RESPONSE filed by All Plaintiffs re #29 Proposed Findings of Fact and additional proposed findings of fact (Ho, Yingtao)
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Filing 37
BRIEF in Opposition filed by All Plaintiffs re #27 MOTION for Summary Judgment . (Ho, Yingtao)
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NOTICE of Electronic Filing Error re #30 Declaration of Emmanuel Mamalakis; Electronically filed documents should not be scanned whenever possible. The Exhibits to the Declaration should have been filed as attachments and attachments to documents should include a brief description of the attachment - Ex A-Initial Contract, Ex B-Doe Deposition, Ex C-2006 Sales Figures, etc. This document does not need to be refiled; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl)
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Filing 36
Proposed Findings of Fact by All Plaintiffs (Ho, Yingtao)
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Filing 35
DECLARATION of Jacob Klein (Attachments: #1 Purchase Contract between Jake's and Morton Salt for the 2020-2021 winter season, #2 Bill of Lading, #3 Contract between Jake and ML Enterprises)(Ho, Yingtao)
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Filing 34
DECLARATION of Wuilmer Reyes (Ho, Yingtao)
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Filing 33
DECLARATION of Yingtao Ho (Attachments: #1 Defs. Supplemental Responses to Discovery)(Ho, Yingtao)
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Filing 32
BRIEF in Support filed by All Plaintiffs re #31 MOTION for Summary Judgment . (Ho, Yingtao)
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Filing 31
MOTION for Summary Judgment by All Plaintiffs. (Ho, Yingtao)
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Filing 30
DISREGARD - INCORRECT DOCUMENT ATTACHED - REFILED See ECF No 40 DECLARATION of Attorney Emmanuel Mamalakis (Mamalakis, Emmanuel) Modified on 8/18/2022 (lz).
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Filing 29
Proposed Findings of Fact by All Defendants (Attachments: #1 Exhibit A - Declaration of Wuilmer Reyes, #2 Exhibit B - Lezameta 2020 Tax Documents)(Mamalakis, Emmanuel)
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Filing 28
BRIEF in Support filed by All Defendants re #27 MOTION for Summary Judgment . (Mamalakis, Emmanuel)
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Filing 27
MOTION for Summary Judgment by All Defendants. (Mamalakis, Emmanuel)
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Filing 26
ORDER signed by Judge Lynn Adelman on 5/4/22. IT IS ORDERED that the plaintiff's motion to compel written discovery responses (ECF No. #22 ) is GRANTED. Within 10 days of the date of this order, the defendants shall respond to interrogatories #7, #18, #20, and #21, as well as document requests #1 through #7 from the plaintiff's second set of requests. IT IS FURTHER ORDERED that the plaintiff's motion to compel production of a list of names and addresses (ECF No. #24 ) is GRANTED. Within ten days of the date of this order, ML Enterprises shall provide the plaintiff a list of the names and last known addresses of all hourly employees who worked for ML Enterprises during the time period of April 6, 2019 to the present. (cc: all counsel)(kmr)
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Filing 25
DECLARATION of Yingtao Ho (Attachments: #1 Exchange of email between counsel for the parties)(Ho, Yingtao)
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Filing 24
Expedited MOTION to Compel list of names and addresses of collective members by All Plaintiffs. (Ho, Yingtao)
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Filing 23
DECLARATION of Yingtao Ho (Attachments: #1 Plfs. Second Set of Discovery Requests, #2 Defs. email supplemental response to Plfs. first set of discovery, #3 3/31/22 email exchange between counsel for the parties, #4 Schedule C to Marco Lezameta 2020 tax return, #5 ML Enterprises schedule for snow removal work)(Ho, Yingtao)
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Filing 22
Expedited MOTION to Compel Discovery by All Plaintiffs. (Ho, Yingtao)
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Filing 21
ORDER signed by Judge Lynn Adelman on 3/29/22 granting in part and denying in part #13 Motion to Certify Class. Reyes shall amend the proposed notice and consent form in accordance with this decision. Reyes may send the amended notice and consent form by first class mail to all hourly employees who worked for ML Enterprises during the period of April 6, 2019, to present. Reyes shall promptly notify the court and the Defendants of the date on which he sent the notices and consent forms. (cc: all counsel)(jad)
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Filing 20
DECLARATION of Yingtao Ho (Attachments: #1 3 pages of Defs. document production)(Ho, Yingtao)
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Filing 19
REPLY BRIEF in Support filed by All Plaintiffs re #13 MOTION to Certify Class conditional certification . (Ho, Yingtao)
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Filing 18
BRIEF in Opposition filed by All Defendants re #13 MOTION to Certify Class conditional certification . (Attachments: #1 Declaration of Marco Lezameta, #2 Declaration of Emmanuel Mamalakis)(Mamalakis, Emmanuel)
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Filing 17
RESPONSE to Motion filed by All Defendants re #13 MOTION to Certify Class conditional certification . (Mamalakis, Emmanuel)
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Filing 16
DECLARATION of Yingtao Ho (Attachments: #1 Defendants' responses to Plaintiff's first set of discovery requests)(Ho, Yingtao)
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Filing 15
DECLARATION of Wuilmer Reyes (Ho, Yingtao)
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Filing 14
BRIEF in Support filed by All Plaintiffs re #13 MOTION to Certify Class conditional certification . (Ho, Yingtao)
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Filing 13
MOTION to Certify Class conditional certification by All Plaintiffs. (Attachments: #1 Proposed class notice, #2 Proposed opt-in form)(Ho, Yingtao)
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Filing 12
RESPONSE filed by All Defendants (Mamalakis, Emmanuel)
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Filing 11
FIRST AMENDED COMPLAINT by All Plaintiffs. (Ho, Yingtao) Modified on 9/28/2021 (bx).
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NOTICE of Electronic Filing Error re #11 Amended Document filed by Wuilmer Reyes ; The incorrect event was chosen, the filer should have selected the Amended Complaint event; 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)
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Filing 10
SCHEDULING ORDER signed by Judge Brett H Ludwig for Judge Lynn Adelman on 7/6/21. (cc: all counsel)(jad)
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Docket Annotation - The telephonic scheduling conference set for 7/7/21 is cancelled. (jad)
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Filing 9
Joint REPORT of Rule 26(f) Plan by All Plaintiffs. (Ho, Yingtao)
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Filing 8
SCHEDULING ORDER signed by Judge Lynn Adelman on 6/2/21. IT IS ORDERED that a telephonic Fed. R. Civ. P. 16(b) scheduling conference will be held on July 7, 2021 at 11:30 a.m. The court will initiate the call. The participation of the attorney who will be handling the case is required and their telephone number should be provided in the Rule 26(f) report. (cc: all counsel)(jad)
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Filing 7
ORDER signed by Judge Lynn Adelman on 6/2/21 that the plaintiff's motion to dismiss the defendants counterclaims is GRANTED. The counterclaims for damage to property and theft of tools are dismissed without prejudice for lack of subject-matter jurisdiction. The counterclaim for fraud is dismissed on the merits. (cc: all counsel)(jad)
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Filing 6
REPLY BRIEF in Support filed by All Plaintiffs re #3 MOTION to Dismiss Counterclaims . (Ho, Yingtao)
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NOTICE of Electronic Filing Error re #5 Brief in Opposition to Motion filed by Marco Lezameta ; All documents must contain an electronic signature. The Affidavit to this document should have been filed as a separate entry. 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 (jcl)
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Filing 5
BRIEF in Opposition filed by Marco Lezameta re #3 MOTION to Dismiss Counterclaims Opposition to Motion. (Attachments: #1 Affidavit)(Mamalakis, Emmanuel)
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Filing 4
BRIEF in Support filed by All Plaintiffs re #3 MOTION to Dismiss Counterclaims . (Ho, Yingtao)
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Filing 3
MOTION to Dismiss Counterclaims by All Plaintiffs. (Ho, Yingtao)
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Filing 2
ANSWER to Complaint AND COUNTERCLAIM filed by Marco Lezameta . (Attachments: #1 Disclosure)(Mamalakis, Emmanuel)
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Summons Issued as to Marco Lezameta, ML Enterprises. (bx)
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Filing 1
COMPLAINT against Marco Lezameta, ML Enterprises by Wuilmer Reyes. ( Filing Fee PAID $402 receipt number AWIEDC-3785345) (Attachments: #1 Civil Cover Sheet, #2 Summons Marco Lezameta, #3 Summons ML Enterprise)(Ho, Yingtao)
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NOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Duffin 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. (cmb)
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