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16-625 - Ecoquij-Tzep v. Hawaiian Grill


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16-625 - Ecoquij-Tzep v. Hawaiian Grill
July 12, 2016
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MEMORANDUM OPINION AND ORDER: Before the Court is Defendant's Motion to Dismiss [Docket Entry #6]. The Motion is GRANTED in part and DENIED in part. The Court will permit Plaintiff to file an Amended Complaint with respect to his individual coverage and collective action allegations within thirty days of the date of this Opinion. Plaintiff is reminded that any such pleading must satisfy the requirements of Federal Rule of Civil Procedure 11. (Ordered by Chief Judge Barbara M.G. Lynn on 7/12/2016) (bdb)
December 16, 2016
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MEMORANDUM OPINION AND ORDER: The Court GRANTS in part and DENIES in part Defendant's Second Motion to Dismiss for Failure to State a Claim and Alternatively, Motion to Strike Defendant's Class Action Allegations [Dkt. No. 13]. The motion to dismiss is granted and the allegations under the FLSA based on individual coverage are dismissed with prejudice. But Plaintiff may proceed on his FLSA claim based on enterprise coverage, and the Court denies the motion to strike the collective action allegations. (Ordered by Magistrate Judge David L Horan on 12/16/2016) (mcrd)
June 21, 2017
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MEMORANDUM OPINION AND ORDER granting 32 Motion for Leave to File. The Court GRANTS the motion for leave to amend to add Grand Fast Food Inc., Shizhong Zhang, Ying Hui Wang, and Kong Shen Wang as parties and ORDERS that Plaintiff is granted leave to file his Third Amended Complaint, as attached as Exhibit A to the motion [Dkt. No. 32-1], which is deemed filed as of the date of this order and which the Clerk of the Court is DIRECTED to file. (Ordered by Magistrate Judge David L. Horan on 6/21/2017) (ykp)
June 21, 2017
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MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff's 33 Motion for Conditional Certification Pursuant to 29 U.S.C. ยง 216(b). Further, the Court ORDERS that by 7/21/2017 the parties must confer and submit a Federal Rule of Civil Procedure 26(f) joint report to address a court authorized notice period, any remaining Phase 1 (class-wide) discovery, Phase 2 (individualized) discovery, and/or a motion for decertification, as the case may be, as well as a deadline for settlement negotiations and possibly mediation to take place shortly after the ruling on conditional certification and deadlines related to expert witnesses and other dispositive motions. (Ordered by Magistrate Judge David L. Horan on 6/21/2017) (ykp) Modified on 6/28/2017 (mcrd).
October 11, 2017
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 55 Motion to Dismiss. The Court dismisses Plaintiff Pascual Ecoquij-Tzep'senterprise coverage and joint enterprise allegations without prejudice, with leave to amend to replead by 10/25/2017. (Ordered by Magistrate Judge David L. Horan on 10/11/2017) (ykp)
December 21, 2017
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MEMORANDUM OPINION AND ORDER denying 93 Defendants' Amended Third Motion to Dismiss. (Ordered by Magistrate Judge David L. Horan on 12/21/2017) (mcrd)
January 23, 2018
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MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff Pascual Ecoquij-Tzep's First Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment [Dkt. No. 138] and ORDERS that the deadline for Plaintiff Pascual Ecoquij-Tzep to respond to Defendants' Rule 56 Motion for Summary Judgment [Dkt. No. 117] is extended to July 31, 2018 - 21 days after the current deadline to file dispositive motions - so that Ecoquij-Tzep may take the depositions and conduct other discovery necessary to respond to and provide the evidence required for the Court to decide Defendants' MSJ pursuant to the applicable law and a complete factual record - and that Defendants may file a supplemental or second motion for summary judgment, if appropriate based on further discovery in this matter, on (but not earlier than) July 10, 2018. (Ordered by Magistrate Judge David L. Horan on 1/23/2018) (epm)
April 6, 2018
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MEMORANDUM OPINION AND ORDER: The Court DENIES Defendants' Fourth Motion to Dismiss under Rule 12(b)(1) [Dkt. No. 169]. (Ordered by Magistrate Judge David L. Horan on 4/6/2018) (mcrd)
April 10, 2018
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MEMORANDUM OPINION AND ORDER DENYING 163 LEAVE TO FILE COUNTER-CLAIM AND 165 MOTION FOR DECLARATORY JUDGMENT. (Ordered by Magistrate Judge David L. Horan on 4/10/2018) (mcrd)