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12-007 - Davenport v. Charter Communications, LLC


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12-007 - Davenport v. Charter Communications, LLC
August 7, 2012
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion for an extension of time to amend pleadings and add parties is GRANTED. (Doc. No. 49.)IT IS FURTHER ORDERED that Plaintiffs motion for leave to file a FirstAmended Complaint is GRANTED. (Doc. No. 52.) The Clerk of Court shall detach the proposed amended complaint (Doc. No. 52-1) and enter it on the docket sheet as Plaintiffs First Amended Complaint. IT IS FURTHER ORDERED that Plaintiffs motion filed on February 7, 2012, to conditionally certify a class and facilitate class notification is DENIED as moot. (Doc. No. 11.) IT IS FURTHER ORDERED that Defendants motion to dismiss Counts III, IV, and V of the original complaint is DENIED as moot. (Doc. No. 13.) IT IS FURTHER ORDERED that Defendants motion for leave to file a surreply addressed to Plaintiffs motion to conditionally certify a class and facilitate class notification is DENIED as moot. (Doc. No. 41.) IT IS FURTHER ORDERED that Defendants motion for leave to file a memorandum in opposition to Plaintiffs notice of additional evidence in support of Plaintiffs motion for conditional certification is DENIED as moot. (Doc. No. 48.) IT IS FURTHER ORDERED that Defendants motion to strike, or alternatively stay, Plaintiffs amended motion to conditionally certify a class is DENIED. (Doc. No. 61.)IT IS FURTHER ORDERED that Defendants motion (Doc. No. 26) to strikethe declarations of Penny Davenport and James Rachal filed in support of the initial motion for class certification shall be deemed to apply to the declarations of these individuals filed in support of the amended motion for class certification. IT IS FURTHER ORDERED that within 14 days of the date of the Memorandum and Order, the parties shall confer and submit to the Court, on or before August 24, 2012, a joint proposed Amended Case Management Order. In their joint submission, the parties shall advise the Court if a further scheduling conference is necessary.( Response to Court due by 8/24/2012.). Signed by District Judge Audrey G. Fleissig on 8/7/12. (JWJ)
August 17, 2012
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion to toll the FLSA statute of limitations for 45 days is GRANTED. (Doc. No. 24.) IT IS FURTHER ORDERED that Plaintiffs' motion filed on July 26, 2012, to toll the FLSA statute of limitations for an additional 30 days is GRANTED. (Doc. No. 65.) Signed by District Judge Audrey G. Fleissig on 8/17/2012. (NCL)
August 17, 2012
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant's motion to strike the declarations of Penny Davenport and James Rachal is DENIED. (Doc. No. 26.) Signed by District Judge Audrey G. Fleissig on 8/17/2012. (NCL)
October 18, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to dismiss Counts III, IV, and V of Plaintiffs' amended complaint is DENIED, with the exception of claims accruing prior to January 4, 2012. (Doc. No. 78). Signed by District Judge Audrey G. Fleissig on 10/18/2012. (KSM)
March 13, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for reconsideration is GRANTED as set forth above. (Doc. No. 102.) Signed by District Judge Audrey G. Fleissig on 3/13/2013. (KSM)
March 27, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's motion for an order conditionally certifying a collective action under the FLSA is GRANTED. (Doc. No. 58.) IT IS FURTHER ORDERED that the Court conditionally certifies a class of all of Defendant's present and former non-exempt call center employees who held or hold the job title, "advisor," and who were hired and had completed training before September 1, 2011, and who worked at Defendant Charter Communications, LLC's call centers located in Town and Country, Missouri; Walker, Michigan; Louisville, Kentucky; Greenville, South Carolina; Vancouver, Washington; Rochester, Minnesota; Fond du Lac, Wisconsin; and Worcester, Massachusetts. The conditionally certified class shall not include persons who were hired by Defendant but worked only as trainees. SEE ORDER FOR COMPLETE DETAILS. Signed by District Judge Audrey G. Fleissig on 3/27/2014. (NCL)
April 10, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that all proceedings in this matter are STAYED pending further order of the Court. Signed by District Judge Audrey G. Fleissig on 4/10/2014. (RAK)
July 3, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that that the stay of proceedings entered in this matter on April 10, 2014, is LIFTED. IT IS FURTHER ORDERED Defendant's motion for reconsideration of the Court's order granting conditional collective action certification is DENIED. (Doc. No. 179) IT IS FURTHER ORDERED that Plaintiffs' Motion for Tolling during the Pendency of the Amended Motion for Conditional Class Certification (Doc. No. 173) is GRANTED in part. IT IS FURTHER ORDERED that the statute of limitations on Plaintiffs' FLSA claims is tolled for the period commencing December 9, 2012 (sixty days after the conclusion of briefing on Plaintiffs' Amended Motion for Conditional Class Certification) through the date of this Order. IT IS FURTHER ORDERED that if it has not already done so Defendant shall provide to Plaintiff's counsel within fourteen (14) days of the date of this Order, and in readable electronic format, the mailing addresses and email addresses of all putative members of the conditionally certified class. Signed by District Judge Audrey G. Fleissig on 07/03/2014. (NEB)
August 4, 2014
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ertification of Count VI is DENIED. (Doc. No. 191.) Signed by District Judge Audrey G. Fleissig on 8/4/14. (JWJ)MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants motion for judgment on the pleadings is GRANTED as set forth above. (Doc. No. 183.) IT IS FURTHER ORDERED that Plaintiffs motion to certify Count VI of the first amended complaint as a class action is DENIED. (Doc. No. 143.) IT IS FURTHER ORDERED that Plaintiffs motion to certify Count VII of the first amended complaint as a class action is DENIED. (Doc. No. 145.) IT IS FURTHER ORDERED that Plaintiffs combined motion for conditional c
September 30, 2014
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion to strike is DENIED. (Doc. No. 165.) IT IS FURTHER ORDERED that Plaintiffs' motion to certify Counts II through V (Missouri Claims) of the first amended complaint as a class action is DENIED. (Doc. No. 140.) Signed by District Judge Audrey G. Fleissig on 9/30/2014. (NEB)
October 6, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion to certify a question of law to the Kentucky Supreme Court is DENIED. (Doc. No. 230.) Signed by District Judge Audrey G. Fleissig on 10/6/2014. (NCL)
January 13, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to stay briefing on Defendant's decertification motion, or alternatively to deny Defendant's decertification motion as premature is GRANTED. (Doc. No. 305.) IT IS FURTHER ORDERED that Defendant's motion to decertify the conditionally certified FLSA class is DENIED without prejudice. (Doc. No. 302.) Defendant may refile this motion after the close of discovery. IT IS FURTHER ORDERED that Defendant's motion to stay discovery is DENIED. (Doc. No. 307.) IT IS FURTHER ORDERED that Plaintiffs' motion to compel is GRANTED. (Doc. No. 308.) Defendant shall have until February 13, 2015 to produce the following: (SEE ORDER). IT IS FURTHER ORDERED that on or before January 23, 2015, the parties shall file a joint motion to amend the case management order, attaching a proposed amended case management order setting forth proposed deadlines for the remainder of these proceedings. IT IS FURTHER ORDERED that Plaintiffs' motion to extend expert deadlines is DENIED as moot, without prejudice to including the requested extension in the joint motion to amend the case management order as discussed above. (Doc. No. 320.) (Response to Court due by 1/23/2015.) Signed by District Judge Audrey G. Fleissig on January 13, 2015. (BRP)
March 20, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion to compel is DENIED. (Doc. No. 329.) Signed by District Judge Audrey G. Fleissig on March 20, 2015. (BRP)
July 13, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Strike Plaintiffs' Expert Disclosure of L. Scott Baggett and His Expert Report (Doc. No. 383) is DENIED, except as explained herein. IT IS FURTHER ORDERED that Plaintiffs' request for leave to submit an addendum to Dr. L. Scott Baggett's expert report is GRANTED. Such addendum shall be disclosed on or before July 22, 2016. IT IS FURTHER ORDERED that Plaintiffs shall make L. Scott Baggett available for an additional deposition, and have such deposition completed, no later than August 19, 2016. Plaintiffs shall bear the costs and expenses, including Defendant's costs and attorney fees for attendance, for said deposition. IT IS FINALLY ORDERED that Plaintiffs shall submit any spreadsheets supporting the expert opinions of L. Scott Baggett in a native format that demonstrates formulas utilized in the calculations contained therein. Signed by District Judge Audrey G. Fleissig on July 12, 2016. (BRP)
September 26, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendant's motion for sanctions is GRANTED in part and DENIED in part, as set forth above. (Doc. No. 400.) IT IS FURTHER ORDERED that the claims of opt-in Plaintiffs June Dortch, Ryan McDermott, Adena Martin, Nicholas Stafford, Takella Durham, Chardae Jackson, Kachelle Jones, Ginger Wallace, David DeBaggis, and Kimberly Torgersen are DISMISSED with prejudice. IT IS FURTHER ORDERED that the declarations of Kimberly Torgersen, Ginger Wallace, Chardae Jackson, and David DeBaggis are STRICKEN from the record. IT IS FURTHER ORDERED that Defendant may depose an additional nine opt-in Plaintiffs of its choice. Pursuant to the amended Case Management Order, each such deposition shall not exceed three and a half hours. (Takella D Durham, Chardae Jackson, Kachelle Jones, Adena Martin, Ryan McDermott, Kimberly Torgersen, Ginger Wallace, David A DeBaggis and June Dortch terminated.). Signed by District Judge Audrey G. Fleissig on 9/26/2016. (NEB)
March 6, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to decertify the conditionally certified FLSA class is GRANTED. (Doc. No. 410.) IT IS FURTHER ORDERED that the claims of the Plaintiffs who have opted in to the collective action are DISMISSED without prejudice, such that only the claims of named Plaintiffs Penny Davenport, Rita Gentry, Angela Nelson, and Joshua Westmaas remain pending before the Court. IT IS FURTHER ORDERED that the applicable statute of limitations for the FLSA claims of the Plaintiffs who have opted in to the collective action is tolled for a period of 60 days from the date of this Memorandum and Order. IT IS FURTHER ORDERED that Plaintiffs' counsel shall promptly notify the Plaintiffs who have opted in to the collective action of this Memorandum and Order, and shall file a notice with the Court confirming that they have done so. IT IS FURTHER ORDERED that within 14 days of the date of this Memorandum and Order, the remaining parties shall file a joint proposed amended schedule for the remainder of the litigation, including a proposed trial date. Signed by District Judge Audrey G. Fleissig on March 6, 2017. (BRP)