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15-015 - Osorio v. The Tile Shop, LLC


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15-015 - Osorio v. The Tile Shop, LLC
November 27, 2015
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 11/27/2015: For the reasons stated in the accompanying decision, the Court grants Tile Shop's motion for judgment on the pleadings on Count 2 of Osorio's amended complaint [dkt. no. 41]. The ruling and status hearing set for December 3, 2015 is vacated and reset to December 7, 2015 at 9:30 a.m. (mk)
January 27, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 1/27/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Osorio's motion for reconsideration [dkt. no. 72]. (mk)
March 31, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/31/2016: For the reasons stated in the accompanying decision, the Court grants Osorio's motion for leave to file a second amended complaint [dkt. no. 92]. Tile Shop is directed to file an answer to the second amended complaint by no later than April 15, 2016. The case is set for a status hearing on 4/20/2016 at 9:00 a.m. (mk)
December 30, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/30/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants plaintiff's motion for class certification in part and denies it in part [dkt. no. 113]. The Court declines to certify the proposed unpaid overtime class proposed by plaintiff but certifies the proposed excessive deduction class under Rule 23(b)(3), defined as follows: All persons employed in a Tile Shop retail store in the State of Illinois, except store managers, who had a deduction made to a paycheck received at any time from January 2, 2005 up to and including the date of trial, in order to recoup a cash advance where the deduction was in excess of 15% of the gross pay received in that paycheck. Attorneys Mark Bulgarelli and Ilan Chorowsky are appointed as counsel for the plaintiff class. The status hearing set for January 6, 2017 is vacated and reset to January 9, 2017 at 9:30 a.m. Class counsel are directed to draft a proposed class notice and are to provide it to defense counsel and file it with the Clerk by no later than January 5, 2017. Counsel are to be prepared to discuss the proposed notice at the January 9 status hearing. (mk)
March 23, 2018
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to bring it to a conclusion. (mk)MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/23/2018: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants Tile Shop's motion for partial summary judgment on the IWPCA claim (Count 2) [dkt. no. 191] and denies Osorio's cross-motion for partial summary judgment on that claim [dkt. no. 215]. The case is set for a status hearing on April 2, 2018 at 9:30 a.m. to discuss what, if anything, remains to be done in the case