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06-109 - Schleipfer v. Mitek Corporation et al


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06-109 - Schleipfer v. Mitek Corporation et al
October 27, 2006
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MEMORANDUM AND ORDER re:7 MOTION for Leave to File Answer and Affirmative Defenses Out of Time filed by Mitek Corporation, Loyd Ivey, 6 MOTION for Entry of Clerk's Default against Defendants Mitek Corporation and Loyd Ivey filed by Mark Schleipfer. IT IS HEREBY ORDERED that defendants' motion for leave to file answer and affirmative defenses out of time [#7] is granted. IT IS FURTHER ORDERED that plaintiff's motion for entry of clerk's default [#6] is denied as moot. Signed by Judge Catherine D. Perry on 10/27/06. (CSG, )
February 14, 2007
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MEMORANDUM AND ORDER re:16 MOTION for Leave to File Amended Complaint filed by Mark Schleipfer, motion is Granted, and plaintiff's complaint is deemed filed as of this date. FURTHER ORDERED that the parties shall file a joint proposed scheduling plan for class certification, including class discovery if appropriate, by no later than March 2, 2007. Joint Scheduling Plan due by 3/2/2007. Signed by Judge Catherine D. Perry on 2/14/07. (KCM, )
August 29, 2007
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MEMORANDUM AND ORDER re:26 MOTION to Certify Class Conditionally Certifying Collective Action and for Authorization to Send Notice of Suit to Potential Opt-In Plaintiffs filed by Mark Schleipfer, motion is granted, and the Court conditionally certifies plaintiff's collective action.IT IS FURTHER ORDERED that plaintiff's motion for authorization to send notice of suit to potential opt-in plaintiffs [#26-2] is granted in part. Plaintiff may send out a notice consistent with this Order. Defendants must produce to plaintiff a list of all potential class members, including their last known mailing address and telephone numbers (if known) within 30 days of the date of this Order. Response to Court due by 9/28/2007. Signed by Judge Catherine D. Perry on 8/29/07. (CSG, )
October 19, 2007
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MEMORANDUM AND AMENDED CASE MANAGEMENT ORDER IT IS HEREBY ORDERED that plaintiff's motion to enforce prior order [#40] is granted, and the case management order entered by the Court on October 2, 2007, is amended only as follows: (SEE ORDER FOR DETAILS) 40. Motion to Join Parties due by 11/30/2007. Jury Trial set for 7/28/2008 09:00 AM in Southeast Division - Cape Girardeau before Honorable Catherine D. Perry. Signed by Judge Catherine D. Perry on 10/19/07. (KXS, )
December 11, 2007
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MEMORANDUM AND ORDER re:66 MOTION for Leave to File Second Amended Complaint filed by Plaintiff Mark Schleipfer, 57 MOTION for Sanctions Plaintiff's Request for Corrective Notice and Appropriate Sanctions filed by Plaintiff Mark Schleipfer ( Motion to Join Parties due by 1/14/2008.)IT IS HEREBY ORDERED that plaintiff's motion for corrective notice and appropriate sanctions [#57] is granted, and the case management order enteredby the Court on October 19, 2007, is amended only as follows: 1) The Corrective Notice shall be sent out by plaintiff's counsel and posted by defendants as directed by the Court during today's hearing; 2) The opt-in notice period expires on January 10, 2008, and the consents from opt-in plaintiffs shall be filed by January 10, 2008; and 3) All motions for joinder of additional parties or amendment of pleadings must be filed no later thanJanuary 14, 2008. The remaining provisions of the amended case management order are in full force and effect. Failure to comply with any part of this order may result in the imposition of sanctions. IT IS FURTHER ORDERED that plaintiff shall file his motion for an award of attorney's fees within twenty (20) days of the date of this Order as directed by the Court. IT IS FURTHER ORDERED that plaintiff's motion for leave to file a second amended complaint [#66] is denied without prejudice as moot. Signed by Honorable Catherine D. Perry on 12/11/07. (CSG)
January 31, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the stipulations of dismissal [#80-83] are granted, and opt-in plaintiffs George Cromwell, Sandra Reilly, Michael Sumas, and Raymond Lee Warriner, III are dismissed from this case.IT IS FURTHER ORDERED that the Clerk of the Court shall add the followingopt-in plaintiffs as plaintiffs on the docket sheet: Gary Keith Carter, Matthew A. Twinam, Anthony DiGiovine, Chad Marra, Trevor Dobrygowski, Stephen J. Costa, Max McCurry, Derek Lopez, Brandon Scheider, Thomas E. Nawrocki, and Melvin Patterson. Signed by Honorable Catherine D. Perry on 1/31/08. (CSG)
February 13, 2008
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MEMORANDUM AND ORDER re:75 MOTION for Attorney Fees filed by Plaintiff Mark Schleipfer. IT IS HEREBY ORDERED that plaintiffs motion for attorneys fees [#75] is granted only as follows: defendants shall pay to plaintiff the amount of $7,875.00 in attorneys fees for bringing the motion for corrective notice and appropriate sanctions. Signed by Honorable Catherine D. Perry on 2/13/08. (MRS)