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13-2519 - Aubuchan et al v. Doe Run Resources Corporation et al


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13-2519 - Aubuchan et al v. Doe Run Resources Corporation et al
March 10, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant Doe Run's motion to compel arbitration [#12] is granted as follows: plaintiff Brandon Boyer is ordered to arbitrate his claims as set out in his separation agreement, and the claims of plaintiff Brandon Boyer against defendant Doe Run are stayed pending completion of arbitration. IT IS FURTHER ORDERED that the motion to dismiss [#10] is denied. Signed by District Judge Catherine D. Perry on March 10, 2014. (BRP)
March 24, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the motion to disqualify counsel [#30] is denied. Signed by District Judge Catherine D. Perry on 03/24/2014. (CBL)
April 3, 2014
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MEMORANDUM AND ORDER. (read order for details) In the interests of justice I will grant plaintiffs leave to amend. Any future requests for leave to amend must be made by motion and accompanied by a proposed amended pleading. IT IS HEREBY ORDERED that plaintiffs' motion for leave to amend the complaint [#35] is granted, and plaintiffs' amended complaint is deemed filed as of this date.IT IS FURTHER ORDERED that defendant's motion to dismiss [#25] is denied as moot. IT IS FURTHER ORDERED that the motion for leave to appear pro hac vice by John Givens [#34] is granted. Signed by District Judge Catherine D. Perry on 04/03/2014. (CBL)
July 21, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that plaintiffs' motion for order conditionally certifying collective action [#46] is granted to the following extent: plaintiffs shall provide revised class and subclass definitions in accordance with this Memorandum and Order within 10 days of the date of this Order. IT IS FURTHER ORDERED that defendants shall provide plaintiff's attorneys with the names, employment dates, and last known addresses of all potential class members within 15 days of the date of this Order. IT IS FURTHER ORDERED that the parties shall file a joint proposed form of notice for the Court's consideration, consistent with this Order, within 20 days of the date of this Order. If the parties cannot agree on a joint proposed form of notice after good faith efforts, then the parties shall file their own proposed forms of notice, each with a brief memorandum setting out the areas of disagreement and support for their position, for the Court's consideration. IT IS FURTHER ORDERED that defendant Doe Run's motions to compel arbitration [#49, #50] are granted as follows: plaintiff Beth Ann Sappington is ordered to arbitrate her claims as set out in her separation agreement, and the claims of plaintiff Beth Ann Sappington against defendant Doe Run are stayed pending completion of arbitration. Plaintiff Herb J. Schnell, III is ordered to arbitrate his claims as set out in his separation agreement, and the claims of plaintiff Herb J. Schnell against defendant Doe Run are stayed pending completion of arbitration. IT IS FURTHER ORDERED that the parties shall file a joint memorandum regarding mediation as set out above within 20 days of the date of this Order. Signed by District Judge Catherine D. Perry on 07/21/2014. (CBL)
August 12, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs' motion for order conditionally certifying collective action [#46] is granted, and the Court conditionally certifies a class of all current and former hourly paid plant workers at Doe Run's Herculaneum facility who: (See Memorandum and Order for further details). IT IS FURTHER ORDERED that plaintiffs may send out notices consistent with Exhibits 1 and 2 to Document #78. IT IS FURTHER ORDERED that the parties shall file a joint or separate memoranda regarding mediation as set out above within 20 days iof the date the opt-in period expires. Signed by District Judge Catherine D. Perry on August 12, 2014. (MCB)
September 10, 2014
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MEMORANDUM AND ORDER. (read order for details) To avoid any further unfairness occasioned by plaintiffs' failure to promptly notify potential class members, I will grant plaintiffs' motion to amend and require that the notices be sent out by noon on Friday, September 12, 2014. However, as plaintiffs have wasted nearly 30 days before sending out the notices, I find that the opt-in period should accordingly be reduced by 30 days out of fairness to the defendants. IT IS HEREBY ORDERED that plaintiffs' motion to amend [#85] is granted as set out above, and the notice and consent to join forms shall be amended as set out above and sent out by plaintiffs no later than noon on September 12, 2014. All other Memoranda and Orders of this Court, including those pertaining to mediation, remain in full force and effect. Signed by District Judge Catherine D. Perry on 09/10/2014. (CBL)
November 14, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the motion to compel arbitration [#99] is denied without prejudice. IT IS FURTHER ORDERED that the motion to strike [#104] is denied as moot. Signed by District Judge Catherine D. Perry on 11/14/2014. (CBL)
December 3, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the case will be referred to mediation as set out above by separate Order. Signed by District Judge Catherine D. Perry on 12/03/2014. (CBL)
June 5, 2015
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the parties must file a joint status memorandum in compliance with this Memorandum and Order by no later than June 15, 2015. Signed by District Judge Catherine D. Perry on 6/5/15. (EAB)
December 29, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that all class allegations and claims are struck from the amended complaint. Signed by District Judge Catherine D. Perry on December 29, 2015. (MCB)
August 22, 2016
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MEMORANDUM AND ORDER. In light of the bankruptcy of defendant All Type Contracting, LLC, and for good cause shown, IT IS HEREBY ORDERED that the case is stayed as to defendant All Type Contracting, LLC, and the motion for an extension of time 155 is granted as follows: the parties are given until September 6, 2016, to file a joint memorandum advising the Court on the effect of defendant All Type's bankruptcy on the settlement of this matter, including a whether a stay as to all defendants and claims may be required, and to file, if appropriate, any motions and proposed Orders for the Court's consideration. Signed by District Judge Catherine D. Perry on 8/22/16. (EAB)
December 22, 2016
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s and proposed Orders for the Court's consideration. Signed by District Judge Catherine D. Perry on 12/22/16. (EAB)MEMORANDUM AND ORDER TO SHOW CAUSE. The Court having granted the joint motion to approve the settlement agreement between plaintiffs and defendant Doe Run 165, IT IS HEREBY ORDERED that the parties are given until January 6, 2017, to file a joint memorandum advising the Court on the status of defendant All Type's bankruptcy and to show cause why this case should not be administratively closed following the dismissal of plaintiffs claims against defendant Doe Run, together with any motion