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10-352 - Arnold et al v. DirecTV, Inc. et al


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10-352 - Arnold et al v. DirecTV, Inc. et al
March 7, 2011
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants Motion to Dismiss is DENIED. [Doc. #19] IT IS FURTHER ORDERED that Defendants Motion to Dismiss or Stay the Case in Favor of Prior Litigation is DENIED. [Doc. #35]. IT IS FURTHER ORDERED that on or before March 21, 2011, the parties shall confer and submit to the Court a Joint Proposed Scheduling Plan for proceeding with this case. Signed by Honorable Audrey G. Fleissig on 3/7/11. (KJS)
June 3, 2011
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion to compel is denied without prejudice with respect to Plaintiffs' Interrogatory at issue. IT IS FURTHER ORDERED that Defendants shall produce all documents requested by Plaintiffs to the extent such documents relate to Aerosat. If Defendants have already done so, they shall so certify in writing to Plaintiffs. Defendants shall also certify in writing to Plaintiffs whether DIRECTV's relationship with the other HSPs in question differed, during the relevant time period, from its relationship with Aerosat, as reflected in the documents already produced or to be produced, and if so, how. IT IS FURTHER ORDERED that the parties may, by filing a motion with the Court, request an amendment to any deadlines now set in this case. Signed by Honorable Audrey G. Fleissig on 6/3/2011. (NCL)
December 13, 2011
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the parties Joint Motion to Vacate the Courts Order Referring Case to Alternative Dispute Resolution (ECF No. 99) is GRANTED, in part, and the Court hereby delays referral of this case to ADR until such time as the Court determines. Signed by Honorable John A. Ross on 12/13/11. (LAH)
January 30, 2012
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MEMORANDUM AND ORDER re:107 MOTION to Stay Arbitration filed by Defendant DirecTV, Inc. motion is DENIED. Signed by Honorable John A. Ross on 1/30/12. (LGK)
May 4, 2012
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MEMORANDUM AND ORDER - Pursuant to Plaintiffs' request for oral argument, Plaintiffs Motion for Conditional Collective Action Certification [ECF No. 70] is set for hearing on June 1, 2012 at 9:30 a.m. in Courtroom 12N. Parties are given thirty (30) minutes for argument. Signed by Honorable John A. Ross on 5/4/12. (LAH)
September 28, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Conditional Collective Action Certification 70 is GRANTED. See Order for full details. Signed by District Judge John A. Ross on 9/28/12. (ARL)
December 4, 2012
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MEMORANDUM AND ORDER re:125 MOTION to Intervene filed by Intervenor Defendant DirectSAT USA, Inc. motion is DENIED. Signed by District Judge John A. Ross on 12/4/12. (LGK)
December 4, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' proposed form Notice of Lawsuit is approved, subject to the changes agreed to by the parties and set forth in ECF No. 123-2. IT IS FURTHER ORDERED that Plaintiffs' proposed consent to join form (ECF No. 122-6) is approved. IT IS FURTHER ORDERED that Plaintiffs' proposed order regarding the class list and notice dissemination (ECF No. 122-4) is approved subject to the changes as set forth herein.. Signed by District Judge John A. Ross on 12/4/12. (LGK)
June 24, 2013
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motion to Compel Arbitration and Dismiss or, in the Alternative, Stay with Respect to the DirecTV Opt-Ins 176 is GRANTED in part in accordance with the terms of the parties' agreement filed herein. (Doc. No. 180-1) Signed by District Judge John A. Ross on 6/24/13. (LAH)
November 25, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Dismiss or, in the Alternative, Stay with Respect to the MasTec and Multiband Opt-Ins 181 is GRANTED in part and the claims of the MasTec and Multiband Opt-Ins are stayed pending the outcome of arbitration proceedings. In all other respects, Defendants motion is DENIED. IT IS FURTHER ORDERED that the parties shall report on the status of the arbitration proceedings at the Courts monthly status conferences. Signed by District Judge John A. Ross on 11/25/13. (ARL)
July 14, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Opt-ins For Failure to Comply with Order Directing Them to Respond to Discovery Questionnaire 192 is GRANTED in part. IT IS FURTHER ORDERED that the Opt-In Plaintiffs set forth in the list attached hereto as Exhibit 1 and incorporated by reference herein are DISMISSED without prejudice. IT IS FURTHER ORDERED that the statute of limitations for each of these Opt-In Plaintiffs shall be tolled for sixty (60) days from the date of this Order to allow for refiling if they so choose; at the conclusion of that period, the statute of limitations will commence running against the claims of the Opt-In Plaintiffs. Signed by District Judge John A. Ross on 7/14/14. (Attachments: # (1) Exhibit 1)(JWD)
April 21, 2015
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MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that Defendants' Motion to Sever Claims 224 is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Transfer 222 is DENIED as moot. Signed by District Judge John A. Ross on 4/21/15. (JWD)
December 21, 2015
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MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that Defendant's Motion for Sanctions 294 is GRANTED in part. The nine Plaintiffs identified above are ordered to appear for properly- noticed depositions. If any Plaintiff fails to appear, then his claims will be dismissed with prejudice. 294 MOTION for Sanctions for Plaintiffs' Failure to Appear at Their Properly Noticed Depositions filed by Defendant DirecTV, LLC, Defendant DTV Home Services II, LLC. Signed by District Judge John A. Ross on 12/21/15. (KKS)
March 31, 2016
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MEMORANDUM AND ORDER/ORDER LIFTING STAY : IT IS HEREBY ORDERED that Plaintiff's Motion to Lift Stay of MasTec and Multiband Opt-Ins' Claims Against DirecTV 310 is GRANTED. IT IS FURTHER ORDERED that this matter is set for a status conference with counsel on Thursday, April 14, 2016 at 1:30 p.m. The parties may participate by telephone upon request. ( Status Conference set for 4/14/2016 01:30 PM in Courtroom 12N before District Judge John A. Ross.). Signed by District Judge John A. Ross on 3/31/16. (KKS)
March 31, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motions for Summary Judgment on the Basis That They Were Not the Joint Employer of Mastec Employee Robert Ellendorf [340], DirectSat Employee Robert Guice [344], and Multiband Employee Steven Parr [348], are DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Partial Summary Judgment on DirecTV, LLCs Employment Relationship [361] is DENIED. Signed by District Judge John A. Ross on 3/31/17. (JAB)
March 31, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motions for Summary Judgment as to the Claims of DirecTV Home Services Plaintiffs [315], Plaintiffs Jamie Arnold and Clinton Feger [322], the DirectSat Plaintiffs [329], the MasTec Plaintiffs [336], and the Multiband Plaintiffs [355] are GRANTED in part and DENIED in part in accordance with the rulings herein. Signed by District Judge John A. Ross on 3/31/17. (JAB)
March 31, 2017
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ORDERED that the applicable statute of limitations for the FLSA claims of the Plaintiffs who have opted into the collective action is tolled for period of 120 days from the date of this Memorandum and Order. IT IS FURTHER ORDERED that within 30 dayMEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion for Rule 23 Certification of Missouri State Law Claim [241] is DENIED. IT IS FURTHER ORDERED that Defendants Motions for Decertification as to the DirecTV Home Services Subclass [319], DirectSat Subclass [326], Mastec Subclass [333] and Multiband Subclass [352] are GRANTED. The claims of all opt-in Plaintiffs are DISMISSED without prejudice, leaving before the Court the named Plaintiffs who originated this action. Plaintiffs counsel shall notify the opt-in Plaintiffs that the collective action has been decertified and their FLSA claims are no longer pending before this Court and file a notice with the Court confirming that they have done so. IT IS FURTHER s of the date of this Memorandum and Order, the remaining parties shall file a joint proposed schedule for the remainder of the litigation, including a proposed trial date. Signed by District Judge John A. Ross on 3/31/17. (JAB)
March 31, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Daubert Motion to Preclude the Tesitmony of L. Scott Baggett, Ph.D. [313] is DENIED as moot. Signed by District Judge John A. Ross on 3/31/17. (JAB)
August 31, 2017
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MEMORANDUM AND ORDER APPROVING SETTLEMENT: IT IS HEREBY ORDERED that the parties' Joint Motion to Approve Settlement Agreement 485 is GRANTED. A separate order of dismissal will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 8/31/2017. (CLO)