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15-081 - Culley v. Lincare Inc. et al


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15-081 - Culley v. Lincare Inc. et al
April 14, 2015
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr. on 4/14/2015. Since plaintiff has not justified Doe defendants remaining in this action, Does 1-50 are DISMISSED. The Motion for Class Certification shall be filed no later than 9/28/2015. An Opposition or Statement of Non-Opposition to the Motion is due no later than 11/2/2015. Any Reply is to be filed no later than 11/16/2015. Further Scheduling Conference is to COMMENCE on 1/19/2016 at 9:00 AM in Courtroom 10 (GEB). Joint Status Report shall be submitted no later than 14 days before the Status Conference. (Marciel, M)
July 17, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 7/16/15 ORDERING that the Stipulation for Protective Order is GRANTED. (Kastilahn, A)
August 18, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 8/18/2015 ORDERING 17 This cause has come before the Court upon the Joint Request to Seal Documents re: Motion to Compel Further Responses to Plaintiff's First Set of Discovery Requests. The Court, having reviewed the Joint Request and any responses thereto, ORDERS, ADJUDGES and DECREES the following documents to be filed under seal: Unredacted Version of Declaration of David L. Cheng in Support of Joint Statement re Motion to Compel Further Responses to Plaintiff's First Set of Discovery Requests. (Reader, L)
September 2, 2015
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr., on 9/1/15 ORDERING that the briefing schedule for the motion for class certification is CONTINUED to the following dates: Plaintiff's deadline to file motion: 12/18/15, Defendant's deadline to file opposition: 2/5/16, Plaintiff's deadline to file reply: 2/26/16, Hearing on Class Certification Motion: 3/21/16. (Kastilahn, A)
November 2, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/02/15 ORDERING that plaintiff's 17 Motion to Compel as to defendant Alpha is GRANTED IN PART and DENIED in part; and plaintiff's 23 Motion to Compel as to defendant Lincare is GRANTED IN PART and DENIED IN PART. Please see order for details. (Benson, A)
November 13, 2015
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/12/15: Defendant shall produce the supplemental responses and responsive documents by 12/11/15. Plaintiff's deadline to file motion for class certification is 2/19/16. Defendant's deadline to file opposition is 4/15/16. Plaintiff's deadline to file reply is 5/6/16. (Kaminski, H)
November 20, 2015
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STIPULATION AND ORDER RE PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 11/20/15. (Mena-Sanchez, L)
April 29, 2016
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MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 04/27/16 ORDERING that plaintiff's 36 Motion for Leave to File a First Amended Complaint is GRANTED. Plaintiff is directed to file her First Amended Complaint within 5 days. (Benson, A)
May 26, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 5/25/2016 ORDERING that the 6/16/2016 hearing on Plaintiff's 44 Motion for Class Certification is VACATED and CONTINUED to 6/30/2016, at 2:00 p.m. All Opposition and Reply briefing deadlines shall be set accordingly based on that continued date. (Zignago, K.)
August 10, 2016
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MEMORANDUMN AND ORDER signed by District Judge Morrison C. England, Jr. on 8/10/2016 GRANTING 44 Plaintiff's Motion for Class Certification. The Court APPOINTS Blumenthal, Nordrehaug & Bhowmik as class counsel and APPROVES the designation of Plaintiff Christina Culley as the class representative. Defendants' Objections and Counter-Motions to Strike the Declarations of Eric Lietzow, Aaron Huff and Michael Zachwieja (ECF Nos. 50-45) are DENIED. Plaintiff's Objections to Defendants' Evidence (ECF No. 53) are OVERRULED. (Reader, L)
September 19, 2016
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ORDER Signed by District Judge Morrison C. England, Jr. on 9/17/2016. The Court approves the second version of the Notice of Pendency of Class Action provided by Plaintiff (Bhowmik Decl., ECF No. 62-1), amended as described above; (2) Defendant shall disclose all class members contact information to Class Counsel and the third-party administrator within 15 days; (3) the Class Notice shall be mailed within 30 days; and (4) the September 22, 2016, hearing on this matter is VACATED.(Deutsch, S)
September 27, 2016
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ORDER CLARIFYING THE GRANTING OF PLAINTIFF'S MOTION FOR APPROVAL OF NOTICE OF PENDENCY OF CLASS ACTION TO THE CERTIFIED CLASS signed by District Judge Morrison C. England, Jr on 9/23/16. Accordingly, the DEFINITION OF THE CLASS shall be amended to read, "On August 10, 2016, the Court ordered that the Lawsuit may proceed as a class action on behalf of all persons employed by Defendant Alpha Respiratory Inc., a wholly owned subsidiary of Defendant Lincare, Inc., as non-exempt during the Class Period."(Becknal, R)
November 23, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/22/16 ORDERING Defendants to file their reply to 67 Motion for Partial Summary Judgment by 12/1/16. (Washington, S)
February 21, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 2/21/17 ORDERING as described above, Defendants' Motion for Partial Summary Judgment, ECF No. 67, is GRANTED in part and DENIED in part. (Becknal, R)
April 25, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 4/24/2017 GRANTING 76 Motion for Leave to File a Second Motion for Summary Judgment; DENYING 83 Ex Parte Application to Strike the defendants' Second Motion for Summary Judgment. (Michel, G.)
August 2, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 8/2/2017 ORDERING Defendant's 87 Motion to Decertify is DENIED in PART and DENIED in PART; GRANTING 81 Defendants' Second Motion for Summary Judgment; Defendant's 88 motion to exclude is DENIED as premature; and Defendants' 90 Motion to Strike is DENIED. (Reader, L) Modified on 8/2/2017 (Reader, L).
October 13, 2017
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JUDGMENT dated *10/13/17* is ENTERED in accordance with the Notice of Acceptance with Offer of Judgment filed 10/09/17. (Mena-Sanchez, L)