Kluender, Michelle v. Oak Grove Assisted Care LLC
| Michelle Kluender |
| Oak Grove Assisted Care LLC |
| 3:2023cv00473 |
| July 13, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 20
ORDER that defendant's motion to dismiss the complaint for failure to state a claim under Rule 12(b)(6), Dkt. #7 , is DENIED. Signed by District Judge James D. Peterson on 11/6/2023. (acd)
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| Filing 19 Brief in Reply by Defendant Oak Grove Assisted Care LLC in Support of #7 Motion to Dismiss (Erlandson, Andrew) |
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Filing 18
Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 8/17/2023. (rks)
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Filing 17
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Reply Brief on Dismissal due 8/28/2023. Motion for Conditional Certification of Class due 3/15/2024. Motion to Certify Class under Rule 23 due 9/30/2024. Dispositive Motions due 4/18/2025. Settlement Letters due 8/22/2025. Rule 26(a)(3) Disclosures and Motions in Limine due 9/5/2025. Responses due 9/19/2025. Final Pretrial Conference set for 10/8/2025 at 02:30 PM. Second Final Pretrial Conference set for 10/15/2025 at 02:30 PM. Jury Selection and Trial set for 10/20/2025 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 8/17/2023. (rks)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 8/17/2023 [:20] (cak) |
| Filing 16 Joint Report of Rule 26(f) Planning Meeting (Potteiger, David) |
| Standard attachments for Judge James D. Peterson: # NORTC, #Corporate Disclosure Statement. (lak) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 8/17/2023 at 2:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (lak) |
| Filing 15 Case transferred in from District of Wisconsin Eastern; Case Number 1:23-cv-00530. Original file certified copy of transfer order and docket sheet received. (lak) |
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Filing 14
ORDER signed by Judge William C Griesbach on 07/13/2023 GRANTING #11 Motion to Change Venue. This case is TRANSFERRED to the United States District Court for the Western District of Wisconsin for further disposition. The Clerk of Court is directed to take all appropriate steps to effectuate the transfer of this case to the United States District Court for the Western District of Wisconsin. (cc: all counsel) (Griesbach, William) [Transferred from Wisconsin Eastern on 7/13/2023.]
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| Case Electronically Transmitted to the Western District of Wisconsin on 07/13/2023. (jmk) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 13 NOTICE of Appearance by David M Potteiger on behalf of Michelle Kluender. Attorney(s) appearing: David M. Potteiger (Potteiger, David) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 12 BRIEF in Support filed by Michelle Kluender re #11 MOTION to Change Venue and in Opposition to Defendant's Motion to Dismiss. (Potteiger, David) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 11 MOTION to Change Venue by Michelle Kluender. (Potteiger, David) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 10 MOTION for Leave to Appear Co-Counsel NOTICE OF APPEARANCE filed by Patrick M. O'Connor by Oak Grove Assisted Care LLC. (OConnor, Patrick) Modified on 6/29/2023 (edr). [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 9 AFFIDAVIT of Tennille Osthoff . (Erlandson, Andrew) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 8 BRIEF in Support filed by Oak Grove Assisted Care LLC re #7 MOTION to Dismiss . (Erlandson, Andrew) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 7 MOTION to Dismiss by Oak Grove Assisted Care LLC. (Erlandson, Andrew) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 6 NOTICE of Appearance by Andrew W Erlandson on behalf of Oak Grove Assisted Care LLC. Attorney(s) appearing: Andrew W. Erlandson (Erlandson, Andrew) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by Oak Grove Assisted Care LLC - Waiver sent on 4/26/2023. (Luzi, Scott) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Summons Issued as to Oak Grove Assisted Care LLC. (mac) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 4 Magistrate Judge Jurisdiction Form filed by Michelle Kluender. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Luzi, Scott) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 3 NOTICE of Appearance by Scott S Luzi on behalf of Michelle Kluender. Attorney(s) appearing: Scott S. Luzi (Luzi, Scott) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 2 DISCLOSURE Statement by Michelle Kluender. (Luzi, Scott) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| Filing 1 COMPLAINT with Jury Demand; against Oak Grove Assisted Care LLC by Michelle Kluender. ( Filing Fee PAID $402 receipt number AWIEDC-4386645) (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Michelle Kluender Consent To Join Form)(Luzi, Scott) [Transferred from Wisconsin Eastern on 7/13/2023.] |
| NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. (jcl) [Transferred from Wisconsin Eastern on 7/13/2023.] |
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| Plaintiff: Michelle Kluender | |
| Represented By: | Scott S Luzi |
| Represented By: | David M. Potteiger |
| Represented By: | James A. Walcheske |
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| Defendant: Oak Grove Assisted Care LLC | |
| Represented By: | Andrew W. Erlandson |
| Represented By: | Patrick M OConnor |
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