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12-758 - Hurt, et al v. Commerce Energy, Inc., et al


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12-758 - Hurt, et al v. Commerce Energy, Inc., et al
July 31, 2012
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Opinion and Order signed by Judge James S. Gwin on 7/31/12 denying the parties' stipulated motion for protective order. (Related Doc. 21) (M,G)
August 15, 2013
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Opinion and Order signed by Judge James S. Gwin on 8/15/13. The Court grants plaintiffs' motions to certify their state-law claims as a class action and their federal claims as a conditional collective action as set forth in this entry. The Court appoints Dworken and Bernstein Co., LPA as class counsel. IMPORTANT: All counsel of record are responsible for familiarizing themselves with this order and complying with the imposed deadlines. (Related Docs. 45, 46) (M,G)
August 15, 2013
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Opinion and Order signed by Judge James S. Gwin on 8/15/13. The Court grants in part and denies in part the defendants' motion for summary judgment. (Related Docs. 80, 82, 83) (M,G)
August 27, 2013
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Opinion and Order signed by Judge James S. Gwin on 8/27/13 denying the motion of Just Energy Group, Inc., to dismiss the second amended complaint. (Related Doc. 62) (M,G)
September 20, 2013
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Opinion and Order signed by Judge James S. Gwin on 9/20/13 denying defendants' motion for order to certify interlocutory appeal and stay proceedings. (Related Doc. 97) (M,G)
February 6, 2014
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Opinion and Order signed by Judge James S. Gwin on 2/6/14. The Court denies defendants' motion to strike and grants plaintiff's motions to allow the opt-in notices filed after 1/13/14. Further, the Court directs plaintiffs to complete the filing of any additional opt-in notices by 2/18/14. Notices filed after that date will not be included in the potential class. (Related Docs. 641, 647, 650) (M,G)
July 21, 2014
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Opinion and Order granting in part Defendant's 696 Motion to dismiss Non-Cooperating Opt-In Plaintiffs (Related documents 708,704). See Order for details. Judge James S. Gwin on 7/21/2014. (P,G)
July 28, 2014
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Opinion and Order signed by Judge James S. Gwin on 7/28/14 denying defendants' motion to decertify the class and collective actions. (Related Docs. 695, 707, 711) (M,G)
September 8, 2014
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Opinion and Order signed by Judge James S. Gwin on 9/8/14 granting in part and denying in part plaintiffs' motion to exclude the testimony of Dr. Michael Ahearne. (Related Doc. 714) (M,G)
September 10, 2014
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Opinion and Order signed by Judge James S. Gwin on 9/10/14. The Court grants in part and denies in part defendants' motion for summary judgment. The Court clarifies that this Order covers only the FLSA claims of the affected individuals and does not affect their other claims. (Related Doc. 712) (M,G)
January 29, 2015
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in part. Defendants' motion for costs and fees associated with the motion to exclude the supplemental report is denied. (Related Docs. 709, 710, 723) (M,G)Opinion and Order signed by Judge James S. Gwin on 1/29/14. Defendants' motion to strike plaintiffs' brief in opposition to defendants' motion to exclude the initial report of Dr. Fox is denied. As Dr. Fox's initial report relied on the unreliable survey conducted by plaintiffs' counsel, the motion to exclude the initial report and any related opinions or testimony is granted. The motion to strike Dr. Fox's supplemental report is granted in part and denied
March 10, 2015
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Opinion and Order signed by Judge James S. Gwin on 3/10/15 denying defendants' motions for judgment as a matter of law, for new trial and to certify an interlocutory appeal. (Related Doc. 810) (M,G)
March 23, 2015
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Opinion and Order signed by Judge James S. Gwin on 3/23/15. The Court denies defendants' motion to decertify the class and orders further briefing on the structure of the damages phase of these proceedings as set forth in this entry. The parties' position papers shall be submitted by 4/6/15 with any responses to be filed by 4/13/15. (Related Doc. 811) (M,G)
August 3, 2015
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Opinion and Order signed by Judge James S. Gwin on 8/3/15. The Court grants defendants' motion to certify an interlocutory appeal as to any issue related to the liability phase as set forth in this entry. Issues relating to damages are not covered by this certification. (Related Doc. 801) (M,G)
July 24, 2017
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Opinion & Order signed by Judge James S. Gwin on 7/24/17 granting plaintiffs' motion for liquidated damages for the reasons set forth in this order. (Related Doc. 860) (D,MA)
August 10, 2017
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Opinion and Order signed by Judge James S. Gwin on 8/10/17 denying in part and granting in part defendants' motion to exclude surveys postmarked or received after 4/4/17. The Court orders that parties consider the 64 surveys postmarked or received before or on 5/4/17 for purposes of calculating individual damages. Any surveys postmarked or received after 5/4/17 are excluded from the parties' consideration of individual damages. (Related Docs. 863, 868, and 870) (D,MA)
August 14, 2017
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lculate every plaintiffs' overtime pay under the Ohio Wage Act. (Related Docs. 864, 869, and 871) (D,MA)Opinion & Order signed by Judge James S. Gwin on 8/14/17. The Court, for the reasons set forth in this order, denies defendants' motion. The parties must use the greater of the employees' regular rate or the minimum wage rate to ca
January 29, 2018
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rate Judge. (Related Docs. 883 and 884) (D,MA)Opinion & Order signed by Judge James S. Gwin on 1/29/18. The Court, for the reasons set forth in this order, finds that defendants must calculate overtime pay at one-half the employees' applicable rate for each hour worked in excess of the applicable maximum hours standard. The applicable rate is the greater of the employees' regular rate or the minimum wage rate. The Court also finds that regional distributors' overtime pay is a factual determination left to the Magist