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08-2063 - Sibley et al v. Sprint Nextel Corporation et al


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08-2063 - Sibley et al v. Sprint Nextel Corporation et al
July 30, 2008
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ORDER sustaining in part 15 Motion to Dismiss. As to breach of contract claims (Count II), the Court dismisses the claims of those plaintiffs whose employment ended before February 7, 2007. As to any plaintiffs whose employment ended between February, 7, 2007 and June 1, 2007, the Court dismisses any breach contract claims which arose before February 7, 2007. In addition, the Court dismisses quantum meruit claims brought under Arizona and Louisiana law (part of Count III) and promissory estoppel claims brought under Tennessee, Ohio and Arizona law (part of Count IV). Signed by Chief Judge Kathryn H. Vratil on 7/30/08. (ag)
November 24, 2008
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MEMORANDUM AND ORDER sustaining 36 Motion to Certify Class; sustaining 79 Motion for Leave to File; overruling in part 82 Motion for Leave to File Under Seal; overruling 84 Motion for Leave to File Under Seal. IT IS FURTHER ORDERED that the Court appoints as class counsel the firms of Nichols Kaster, PLLP and Stueve Siegel Hanson LLP. IT IS FURTHER ORDERED that on or before December 22, 2008 defendants provide to plaintiffs the names, addresses, and telephone numbers of all employees who are potential members of the class. IT IS FURTHER ORDERED that on or before December 22, 2008, plaintiffs submit to the Court for approval an order regarding notice that complies with the requirements of Fed. R. Civ. P. 23(c). Signed by Chief Judge Kathryn H. Vratil on November 24, 2008. (mlm)
March 13, 2009
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MEMORANDUM AND ORDER - Defendants Objections To Plaintiffs Proposed Notice Of Class Action Lawsuit (Doc. #111) filed January 12, 2009; be and hereby are SUSTAINED in part. The Court directs counsel for plaintiffs to mail copies of the Notice set forth in Appendix A to each employee identified as a potential member of the class. Signed by Chief Judge Kathryn H. Vratil on 3/13/2009. (Attachments: # (1) Appendix)(ck)
October 6, 2009
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ORDER denying 147 motion for protective order. Signed by Magistrate Judge James P. O'Hara on 10/6/2009. (RA)
April 30, 2013
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ORDER granting 432 motion for leave to supplement expert reports; granting in part and denying in part 439 motion to strike expert report. Signed by Magistrate Judge James P. O'Hara on 4/30/2013. (ah)
April 10, 2017
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MEMORANDUM AND ORDER overruling 645 Motion for Leave to File Under Seal. Signed by District Judge Kathryn H. Vratil on 4/10/2017. (ydm)
June 8, 2017
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ORDER overruling 619 Motion for Order; overruling 670 Objection to Order of Magistrate Judge. IT IS THEREFORE ORDERED that the Court adopts in full the Special Master's Report Regarding Motion To Decertify (Doc. #663) filed July 29, 2106. Signed by District Judge Kathryn H. Vratil on 6/8/2017. (ydm)
June 8, 2017
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ORDER overruling 615 Motion to Exclude; overruling 617 Motion to Exclude. IT IS THEREFORE ORDERED that the Court adopts in full the Report Regarding Cross- Motions To Exclude Expert Testimony (Doc. #701) filed April 7, 2017. IT IS FURTHER ORDERED that Plaintiffs' Objection To Report Regarding Cross- Motions To Exclude Expert Testimony (Doc. #713) and Defendants' Objections To The Special Master's Report And Recommendations Regarding The Admission Of Plaintiffs' Expert Testimony (Doc. #715), both filed May 5, 2017, are OVERRULED. Signed by District Judge Kathryn H. Vratil on 6/8/2017. (ydm)
June 8, 2017
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ORDER sustained in part and overruled in part 636 Motion for Partial Summary Judgment; overruling 637 Motion for Summary Judgment. IT IS THEREFORE ORDERED that the Court adopts in full the Special Master's FirstReport Regarding Cross-Motions For Summary Judgment (Doc. #682) filed October 15, 2016 and Second Report Regarding Cross-Motions For Summary Judgment (Doc. #712) filed April 21, 2017.PLEASE REVIEW ORDER FOR ADDITIONAL RULINGS. Signed by District Judge Kathryn H. Vratil on 6/8/2017. (ydm)
June 13, 2017
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t Judge Kathryn H. Vratil on 6/13/2017. (ydm) (Additional attachment(s) added on 6/14/2017: # (1) Exhibit C to Doc# 731) (ydm).ORDER TO SHOW CAUSE REGARDING JUDGMENT AS A MATTER OF LAW- Show Cause Hearing set for 7/28/2017 at 09:00 AM in KC Courtroom 476 (KHV) before District Judge Kathryn H. Vratil. The parties shall file their show-cause submissions as follows: (1) initial show-cause cross submissions of no more than 25 pages are due on July 7, 2017; (2) cross-responses of no more than 20 pages are due on July 21, 2017; and (3) no replies are permitted. These deadlines will not be continued. Signed by Distric
February 6, 2018
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ORDER TO SHOW CAUSE- Show Cause Response on or before 2/14/2018. The parties may reply on or before February 19, 2018. Signed by District Judge Kathryn H. Vratil on 2/6/2018. (ydm)
April 5, 2018
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ORDER TO SHOW CAUSE re: 814 Plaintiffs' Motion For Preliminary Approval Of Settlement. Show Cause Response due by 4/16/2018. Signed by District Judge Kathryn H. Vratil on 4/5/2018. (ydm)
May 9, 2018
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MEMORANDUM AND ORDER sustaining in part 817 Plaintiffs' Amended Motion For Preliminary Approval Of Settlement. Signed by District Judge Kathryn H. Vratil on 5/9/2018. See Order for additional details. (ydm)
June 4, 2018
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MEMORANDUM AND ORDER And ORDER TO SHOW CAUSE: On or before 6/11/2018, the parties shall file (1) a motion to certify subclasses which alleges how each subclass meets the certification requirements of Rule 23, Fed. R. Civ. P., and defines each subclass; (2) a joint proposed amendment to the pretrial order which sets forth the claims of the subclasses; (3) a revised settlement agreement which defines the subclasses and identifies the class representatives for each subclass; and (4) a revised notice of settlement which defines the subclasses, identifies the named class representative for each subclass and includes an explanation that class members who were correctly paid or overpaid will not receive a settlement allocation. Order (830) filed 5/21/2018 is VACATED. The parties shall show cause why the Court should not enter an order which lifts limitations imposed upon the Technical Advisor and her partners in the Appointment Of Neutral Technical Advisor (559) filed 10/1/2014 at 6-8. The parties shall respond on or before 6/11/2018. Signed by District Judge Kathryn H. Vratil on 6/4/2018. (mdc)
June 27, 2018
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ORDER sustaining 839 Motion to Certify Class. IT IS FURTHER ORDERED that The Parties' Joint Proposed Amendment To The Pretrial Order (Doc. #841) filed June 18, 2018 is SUSTAINED. The Pretrial Order (Doc. #436) filed March 14, 2013 is amended to include the settlement subclasses defined above. IT IS FURTHER ORDERED that Plaintiffs' Motion For Approval Of Adequacy Of Settlement Notice Process (Doc. #833) filed May 21, 2018 is SUSTAINED in part. On or beforeWednesday, July 11, 2018, plaintiffs shall submit a revised notice of settlement which meets the requirements set forth in Rule 23(c)(2)(B), Fed. R. Civ. P. Signed by District Judge Kathryn H. Vratil on 6/27/18. (hw)
July 17, 2018
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NUNC PRO TUNC MEMORANDUM AND ORDER correcting typographical errors in Memorandum and Order (Doc #845). References to Rule 23(c)(3)(B), Fed. R. Civ. P., on pages 4 and 5 should have referred to Rule 23(c)(2)(B), Fed. R. Civ. P. The attached order corrects this error. Signed by District Judge Kathryn H. Vratil on 7/17/18. (hw)
July 17, 2018
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of settlement which explains that the settlement web sites provide free access to a list of the class members in each subclass and instructs class members how to access that information. IT IS FURTHER ORDERED that the Court AMENDS Nunc Pro Tunc Memorandum And Order (Doc. #847) filed July 17, 2018 to conditionally SUSTAIN Plaintiffs' Motion for Preliminary Approval Of Settlement (Doc. #814) filed March 2, 2017, Plaintiffs' Amended Motion ForPreliminary Approval Of Settlement (Doc. #817) filed March 7, 2018 and Plaintiffs' Second Supplemental Motion For Preliminary Approval Of Settlement (Doc. #831) filed May 21, 2018 subject to the Court's approval of the adequacy of the settlement notice process. Signed by District Judge Kathryn H. Vratil on 7/17/18. (hw)MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED that Plaintiffs' Motion For Approval Of Adequacy Of Settlement Notice Process (Doc. #833) filed May 21, 2018 is SUSTAINED in part. On or before July 27, 2018, plaintiffs shall submit a revised notice
August 1, 2018
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MEMORANDUM AND ORDER sustaining 833 Plaintiffs' Motion For Approval Of Adequacy Of Settlement Notice Process. IT IS FURTHER ORDERED that 814 Plaintiffs' Motion for Preliminary Approval Of Settlement, 817 Plaintiffs' Amended Motion For Preliminary Approval Of Settlement, and 831 Plaintiffs' Second Supplemental Motion For Preliminary Approval Of Settlement are sustained. Signed by District Judge Kathryn H. Vratil on 8/1/2018. (as)