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16-7331 - Hudgins et al v. Total Quality Logistics, LLC


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16-7331 - Hudgins et al v. Total Quality Logistics, LLC
December 23, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/23/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, and as further described therein, the Court grants plaintiffs' motion to conditionally certify a collective action and the issuance of section 216(b) notices [dkt. no. 24]. The Court denies TQL's request to compel arbitration but requests supplemental briefing on its request to dismiss or stay certain plaintiffs' claims without compelling arbitration. The Court directs plaintiffs to file a surreply by January 6, 2017 and directs TQL to file a response to the surreply by January 20, 2017. The case is set for a status hearing, to be conducted by telephone, on January 5, 2017 at 8:30 a.m. Counsel are to set up a call-in number and are to communicate it to chambers by 12:00 p.m. on January 4, 2017. (mk)
February 8, 2017
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 2/8/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court strikes the class action waiver in the arbitration agreements between TQL and Jonathan Rondeno, Scott Carasik, Amber Cirelli, Evan Finley, Mike Ghebrehiwet, Matthew Hodgson, Christopher McGowan, Christopher Mullen, and Dakota Thornton, and otherwise grants TQL's motion to dismiss these claims [dkt. no. 26]. The Court modifies its prior ruling on notice to members of the conditionally certified class by (1) limiting notice to those potential members who have not signed arbitration agreements; and (2) directing the parties to promptly develop a list of the potential class members who have not signed arbitration agreements. The parties are to file a joint status report on this issue by no later than February 17, 2017. The status hearing set for February 16, 2017 is vacated and reset to February 21, 2017 at 8:45 AM. Counsel are to jointly call chambers (312-435-5618) at that date and time. (mk)
April 9, 2018
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d Richard Smith [dkt. no. 140] and orders that the statute of limitations on their claims is tolled from the date they opted into this lawsuit through April 9, 2018. Their claims are dismissed without prejudice. (mk)MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 4/9/2018: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendant's motion to dismiss the claims of plaintiffs Ryan Azeem an