Pope, Andrew v. Espeseth, Inc. et al

Filing 141

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, and Docket Sheet to Seventh Circuit Court of Appeals re: 138 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Docket Sheet) (lak)

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APPEAL, BILL_OF_COSTS, CEW, CLASS_ACTION, CLOSED, PROTECTIVE_ORDER, U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:15-cv-00486-jdp Pope, Andrew v. Espeseth, Inc. et al Assigned to: District Judge James D. Peterson Referred to: Magistrate Judge Stephen L. Crocker Cause: 29:201 Denial of Overtime Compensation Date Filed: 08/06/2015 Date Terminated: 09/27/2017 Jury Demand: Plaintiff Nature of Suit: 710 Labor: Fair Standards Jurisdiction: Federal Question Plaintiff Andrew J. Pope represented by Yingtao Ho Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C. 1555 N. RiverCenter Drive, S. 202 P. O. Box 12993 Milwaukee, Wi 53212 414-223-0437 Fax: 414-271-6308 Email: yh@previant.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Joshua Rave represented by Yingtao Ho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Espeseth, Inc. represented by Ryan J. Steffes Weld Riley, S.C. 3624 Oakwood Hills Pkwy. P.O. Box 1030 Eau Claire, WI 54702 715-839-7786x168 Fax: 715-839-8609 Email: rsteffes@weldriley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William E. Wallo Weld, Riley, Prenn & Ricci 3624 Oakwood Hills Parkway P.O. Box 1030 Eau Claire, WI 54702 715-839-7786 Fax: 715-839-8609 Email: wwallo@wrpr.com ATTORNEY TO BE NOTICED Defendant Wendy Espeseth TERMINATED: 12/17/2015 represented by Ryan J. Steffes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Fish Window Cleaning Services, Inc. TERMINATED: 01/11/2017 represented by Patrick Michael Miller Faegre Baker Daniels LLP 311 South Wacker Drive Suite 4300 Chicago, IL 60606 312-212-6500 Fax: 312-212-6501 Email: patrick.miller@faegrebd.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Carson Perkins Faegre Baker Daniels LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203-4532 303-607-3703 Fax: 303-607-3600 Email: heather.perkins@faegrebd.com ATTORNEY TO BE NOTICED Samantha M. Rollins Faegre Baker Daniels LLP 801 Grand Avenue, 33rd Floor Des Moines, IA 50309-8003 515-447-4726 Fax: 515-248-9010 Email: samantha.rollins@faegrebd.com ATTORNEY TO BE NOTICED Defendant Anthony Espeseth represented by Ryan J. Steffes (See above for address) ATTORNEY TO BE NOTICED William E. Wallo (See above for address) ATTORNEY TO BE NOTICED Date Filed 08/06/2015 # Docket Text 1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-1611271.), filed by All Plaintiffs. (Attachments: # 1 Consent to Opt In, # 2 Summons, # 3 JS-44 Civil Cover Sheet) (Ho, Yingtao) (Entered: 08/06/2015) 08/06/2015 Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jat) (Entered: 08/06/2015) 08/06/2015 Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (jat) (Entered: 08/06/2015) 08/06/2015 2 Summons Issued as to Espeseth, Inc. (jat) (Entered: 08/06/2015) 08/17/2015 3 Summons Returned Executed as to Defendant Espeseth, Inc.; served on 8/12/2015, answer due 9/2/2015. (Ho, Yingtao) Modified on 8/18/2015. (lak) (Entered: 08/17/2015) 08/31/2015 4 ANSWER by Defendants Wendy Espeseth, Espeseth, Inc. (Steffes, Ryan) (Entered: 08/31/2015) 08/31/2015 Set Telephone Conference: Telephone Pretrial Conference set for 9/29/2015 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (jat) (Entered: 08/31/2015) 09/08/2015 5 Notice of Consent to Join Lawsuit by Plaintiff Andrew J. Pope. Consent to Opt in and Participate as a Named Plaintiff in Suit for Violations of Fair Labor Standards Act by Joshua M. Rave. (Ho, Yingtao) Modified on 9/9/2015. (lak) (Entered: 09/08/2015) 09/24/2015 6 Report of Rule 26(f) Planning Meeting. (Ho, Yingtao) (Entered: 09/24/2015) 09/30/2015 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 9/30/2015 [:15] (cak) (Entered: 09/30/2015) 09/30/2015 7 Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 9/30/15. (jat) (Entered: 09/30/2015) 10/01/2015 8 Pretrial Conference Order - Amendments to Pleadings due 11/30/2015. Motion for Conditional Certification of Class due 1/29/2016. Motion to Certify Class under Rule 23 due 4/29/2016. Dispositive Motions due 9/2/2016. Settlement Letters due 3/10/2017. Final Pretrial Submissions due 3/20/2017. Court Trial set for 4/17/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 9/30/15. (jat) (Entered: 10/01/2015) 11/04/2015 9 Joint Stipulation to Extend Complaint Amendment Deadline by Plaintiff Andrew J. Pope. Motions referred to Magistrate Judge Stephen L. Crocker. (Ho, Yingtao) Modified on 11/4/2015. (arw) (Entered: 11/04/2015) 11/04/2015 11/04/2015 11/12/2015 10 ** TEXT ONLY ORDER ** ORDER accepting and entering 9 Joint Stipulation to Extend Complaint Amendment Deadline. Signed by Magistrate Judge Stephen L. Crocker on 11/4/2015. (arw) (Entered: 11/04/2015) Reset Deadlines: Amendments to the Pleadings due 12/22/2015. (arw) (Entered: 11/04/2015) 11 Stipulation for Protective Order by Defendants Wendy Espeseth, Espeseth, Inc. (Steffes, Ryan) Modified on 11/12/2015: Corrected docketing event. (lak) (Entered: 11/12/2015) 11/12/2015 12 ** TEXT ONLY ORDER ** The parties' stipulated protective order 11 is accepted and entered by the court. Signed by Magistrate Judge Stephen L. Crocker on 11/12/15. (jat) (Entered: 11/12/2015) 11/24/2015 13 Rule 26 Initial Disclosure Report by Defendants Wendy Espeseth, Espeseth, Inc. (Steffes, Ryan) (Entered: 11/24/2015) 12/17/2015 14 AMENDED COMPLAINT (First) against All Defendants, filed by All Plaintiffs. (Ho, Yingtao) Modified on 12/18/2015. (lak) (Entered: 12/17/2015) 01/06/2016 15 First Amended ANSWER to Amended Complaint by Defendants Anthony Espeseth, Wendy Espeseth, Espeseth, Inc. (Steffes, Ryan) (Entered: 01/06/2016) 01/13/2016 16 Affidavit of Service by Plaintiff. Fish Window Cleaning Services, Inc. served on 1/12/2016, answer due 2/2/2016. (Ho, Yingtao) (Entered: 01/13/2016) 01/20/2016 17 Unopposed Motion to Stay the Scheduling Order by Plaintiffs Andrew J. Pope, Joshua Rave. Response due 1/27/2016. (Ho, Yingtao) Modified on 1/21/2016. (lak) (Entered: 01/20/2016) 01/20/2016 18 ** TEXT ONLY ORDER ** Plaintiffs' motion 17 to stay the schedule--actually, a motion to strike the schedule--is GRANTED, given the service of a new defendant and plaintiff's assertion that now they are attempting to certify a nationwide class. The existing schedule is stricken. The court will hold another telephonic preliminary pretrial conference after Fish Window Cleaning Services, Inc., has answered or otherwise responded. The parties must submit a new 26(f) report that accounts for the changes in the proposed scope and direction of this lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 1/20/16. (jat) (Entered: 01/20/2016) 02/01/2016 19 Notice of Appearance filed by Patrick Michael Miller for Defendant Fish Window Cleaning Services, Inc. (Miller, Patrick) (Entered: 02/01/2016) 02/01/2016 20 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's First Amended Complaint by Defendant Fish Window Cleaning Services, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Miller, Patrick) (Entered: 02/01/2016) 02/02/2016 21 ** TEXT ONLY ORDER ** ORDER granting 20 Motion for Extension of Time to Answer. Fish Window Cleaning Services, Inc. answer due 2/23/2016. Signed by Magistrate Judge Stephen L. Crocker on 2/2/16. (jat) (Entered: 02/02/2016) 02/11/2016 22 Motion to Admit Heather Carson Perkins Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1742401.) by Defendant Fish Window Cleaning Services, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Perkins, Heather) (Entered: 02/11/2016) 02/11/2016 23 Motion to Admit Samantha M. Rollins Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-1742411.) by Defendant Fish Window Cleaning Services, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Rollins, Samantha) (Entered: 02/11/2016) 02/11/2016 24 ** TEXT ONLY ORDER ** ORDER granting 22 Motion to Admit Heather Carson Perkins Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 2/11/2016. (lak) (Entered: 02/11/2016) 02/11/2016 25 ** TEXT ONLY ORDER ** ORDER granting 23 Motion to Admit Samantha M. Rollins Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 2/11/2016. (lak) (Entered: 02/11/2016) 02/23/2016 26 ANSWER and Defenses to Amended Complaint by Defendant Fish Window Cleaning Services, Inc. (Perkins, Heather) Modified on 2/24/2016. (lak) (Entered: 02/23/2016) 02/23/2016 27 Corporate Disclosure Statement by Defendant Fish Window Cleaning Services, Inc. (Perkins, Heather) (Entered: 02/23/2016) 02/23/2016 Set Telephone Conference: Telephone Pretrial Conference set for 3/18/2016 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (jat) (Entered: 02/23/2016) 03/15/2016 28 Joint Report of Rule 26(f) Planning Meeting. (Ho, Yingtao) Modified on 3/16/2016: Two events were selected during docketing. (lak) (Entered: 03/15/2016) 03/18/2016 29 Motion to Strike Affirmative Defenses by Plaintiffs Andrew J. Pope, Joshua Rave. Brief in Opposition due 4/1/2016. Brief in Reply due 4/8/2016. (Ho, Yingtao) Modified on 3/21/2016: Removed duplicate text. (lak) (Entered: 03/18/2016) 03/18/2016 30 Brief in Support of 29 Motion to Strike Affirmative Defenses by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) Modified on 3/21/2016: Removed duplicate text. (lak) (Entered: 03/18/2016) 03/18/2016 31 Disregard. See 34 . Modified on 3/21/2016. (lak) (Entered: 03/18/2016) 03/18/2016 32 Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 3/18/16. (jat) (Entered: 03/18/2016) 03/18/2016 33 Pretrial Conference Order - Motion for Conditional Certification of Class due 9/16/2016. Defendants' Rule 56 motion challenging joint employer status due 9/16/2016. Motion to Certify Class under Rule 23 due 1/31/2017. Dispositive Motions due 7/21/2017. Settlement Letters due 11/17/2017. Final Pretrial Submissions due 12/26/2017. Court Trial set for 1/22/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/18/16. (jat) (Entered: 03/18/2016) 03/18/2016 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 3/18/2016 [:15] (jat) (Entered: 03/21/2016) 03/21/2016 34 Deposition of Anthony Espeth taken on 12/16/2015. (Ho, Yingtao) (Entered: 03/21/2016) 03/28/2016 35 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion to Strike Affirmative Defenses by Defendant Fish Window Cleaning Services, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Perkins, Heather) (Entered: 03/28/2016) 03/28/2016 36 ** TEXT ONLY ORDER ** ORDER granting 35 Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion to Strike Affirmative Defenses. Brief in Opposition due 4/8/2016. Brief in Reply due 4/15/2016. Signed by Magistrate Judge Stephen L. Crocker on 3/28/16. (jat) (Entered: 03/28/2016) 04/08/2016 37 First Amended ANSWER to Amended Complaint by Defendant Fish Window Cleaning Services, Inc. (Perkins, Heather) (Entered: 04/08/2016) 04/08/2016 38 Brief in Opposition by Defendant Fish Window Cleaning Services, Inc. re: 29 Motion to Strike filed by Joshua Rave, Andrew J. Pope. (Perkins, Heather) (Entered: 04/08/2016) 04/15/2016 39 Brief in Reply by Plaintiffs Andrew J. Pope, Joshua Rave in Support of 29 Motion to Strike Affirmative Defenses. (Ho, Yingtao) (Entered: 04/15/2016) 04/28/2016 40 OPINION & ORDER denying 29 Motion to Strike Affirmative Defenses. Signed by District Judge James D. Peterson on 4/28/16. (jat) (Entered: 04/28/2016) 05/16/2016 41 Stipulated Motion to Amend/Correct 12 Order on Motion for Protective Order by Defendant Fish Window Cleaning Services, Inc. (Perkins, Heather) (Entered: 05/16/2016) 05/20/2016 42 ** TEXT ONLY ORDER ** ORDER granting 41 Motion to Amend/Correct Protective Order. Signed by Magistrate Judge Stephen L. Crocker on 5/20/2016. (lak) (Entered: 05/20/2016) 07/11/2016 43 Stipulation to Extend Summary Judgment Deadline by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) (Entered: 07/11/2016) 07/12/2016 44 ** TEXT ONLY ORDER ** ORDER granting 43 Stipulation to Extend Summary Judgment Deadline. Defendant Fish Window Cleaning Services, Inc.'s Rule 56 motion challenging joint employer status due 9/30/2016. Signed by Magistrate Judge Stephen L. Crocker on 7/12/2016. (arw) (Entered: 07/12/2016) 09/09/2016 45 Stipulation to Extend Conditional Certification Deadline by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) Modified on 9/9/2016. (lak) (Entered: 09/09/2016) 09/14/2016 46 ** TEXT ONLY ORDER ** ORDER granting 45 Stipulation to Extend Conditional Certification Deadline. Signed by Magistrate Judge Stephen L. Crocker on 9/14/16. (jat) (Entered: 09/14/2016) 09/14/2016 Reset Deadlines as to Motions to Certify Class: Motion for Conditional Certification of Class due 9/30/2016. (jat) (Entered: 09/14/2016) 09/30/2016 47 Motion for Conditional Certification of Class by Plaintiffs Andrew J. Pope, Joshua Rave. Brief in Opposition due 10/21/2016. Brief in Reply due 10/31/2016. (Ho, Yingtao) (Entered: 09/30/2016) 09/30/2016 48 Brief in Support of 47 Motion for Conditional Certification of Class by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) (Entered: 09/30/2016) 09/30/2016 49 Deposition of Angie Masters taken on August 17, 2016, (Attachments: # 1 Exhibit 1 - Employee Support Documents, # 2 Exhibit 2 - Table of Contents, # 3 Exhibit 11 - Job Posting Employment Flyer, # 4 Exhibit 12 - Email from Maria Sternaman dated 05/30/2014, # 5 Exhibit 13 - New Employee Confirmation Agreement, # 6 Exhibit 34 - Window Cleaner Pay Overview, # 7 Exhibit 35 - Window Cleaner Pay Standards, # 8 Exhibit 36 - Pay Program, # 9 Exhibit 37 - Email from Nathan Merrick dated 05/15/2013, # 10 Exhibit 40 - Franchise Agreement) (Ho, Yingtao) (Entered: 09/30/2016) 09/30/2016 50 Declaration of Joshua Rave filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 47 Motion for Conditional Certification of Class. (Ho, Yingtao) (Entered: 09/30/2016) 09/30/2016 51 Declaration of Andrew Pope filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 47 Motion for Conditional Certification of Class, (Attachments: # 1 Exhibit 1 - Claim Confirmation) (Ho, Yingtao) (Entered: 09/30/2016) 09/30/2016 52 Declaration of Yingtao Ho filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 47 Motion for Conditional Certification of Class, (Attachments: # 1 Exhibit 1 - Fish Window Cleaning Introduction, # 2 Exhibit 2 - Personnel Document, # 3 Exhibit 3 - Window Cleaning Technician, # 4 Exhibit 4 - Policy and Procedure Manual, # 5 Exhibit 5 - Invoice, # 6 Exhibit 6 - Mileage Log, # 7 Exhibit 7 - Mileage Log) (Ho, Yingtao) Modified on 10/1/2016. (lak) (Entered: 09/30/2016) 09/30/2016 53 MOTION FOR SUMMARY JUDGMENT by Defendant Fish Window Cleaning Services, Inc. Brief in Opposition due 10/21/2016. Brief in Reply due 10/31/2016. (Perkins, Heather) (Entered: 09/30/2016) 09/30/2016 54 Brief in Support of 53 Motion for Summary Judgment by Defendant Fish Window Cleaning Services, Inc. (Perkins, Heather) (Entered: 09/30/2016) 09/30/2016 55 Declaration of Heather Perkins filed by Defendant Fish Window Cleaning Services, Inc. re: 53 Motion for Summary Judgment, (Attachments: # 1 Exhibit A - Pope Paystub (Excerpts from Deposition Exhibit 50), # 2 Exhibit B - Pope W2s (Deposition Exhibit 61), # 3 Exhibit C - Rave Paystubs (Excerpts from Deposition Exhibit 66), # 4 Exhibit D - Rave W2s (Deposition Exhibit 76), # 5 Exhibit E - Pope Noncompetition Agreement (Deposition Exhibit 54), # 6 Exhibit F - Rave Noncompetition Agreement (Deposition Exhibit 70), # 7 Exhibit G - Answer to Plaintiff's Interrogatory No.: 9 (Including Cover and Verification Pages)) (Perkins, Heather) Modified on 10/1/2016: Removed duplicate text; corrected typo. (lak) (Entered: 09/30/2016) 09/30/2016 56 Declaration of Angie Masters filed by Defendant Fish Window Cleaning Services, Inc. re: 53 Motion for Summary Judgment, (Attachments: # 1 Exhibit A - Screenshot of People Tab of the Fishing Hole, # 2 Exhibit B - Branding Standards, # 3 Exhibit C - Training School Presentation Outline, # 4 Exhibit D - Pages from Training Presentation Regarding Pay Program, # 5 Exhibit E - Espeseth Franchise Agreement (20040827), # 6 Exhibit F - (Part 1 of 2) Espeseth Franchise Renewal (20140802), # 7 Exhibit F - (Part 2 of 2) Espeseth Franchise Renewal (20140802), # 8 Exhibit G - Espeseth-Corporate Assignment) (Perkins, Heather) Modified on 10/1/2016: Removed duplicate text. (lak) (Entered: 09/30/2016) 09/30/2016 57 Deposition of Anthony Espeseth taken on 12/16/2015. (Perkins, Heather) (Entered: 09/30/2016) 09/30/2016 58 Deposition of Angie Masters taken on 8/17/2016. (Perkins, Heather) (Entered: 09/30/2016) 09/30/2016 59 Deposition of Andrew Pope taken on 9/15/2016. (Perkins, Heather) (Entered: 09/30/2016) 09/30/2016 60 Deposition of Joshua Rave taken on 9/16/2016. (Perkins, Heather) (Entered: 09/30/2016) 09/30/2016 61 Proposed Findings of Fact filed by Defendant Fish Window Cleaning Services, Inc. re: 53 Motion for Summary Judgment. (Perkins, Heather) (Entered: 09/30/2016) 10/19/2016 62 Motion for Extension of Time to File Reply Brief by Plaintiffs Andrew J. Pope, Joshua Rave. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 10/26/2016. (Ho, Yingtao) (Entered: 10/19/2016) 10/20/2016 63 ** TEXT ONLY ORDER ** Plaintiff's motion to extend the briefing reply deadline 62 is granted without the need for a response. Reply briefs from both sides on the pending motions are due by Monday, November 7, 2016. Signed by Magistrate Judge Stephen L. Crocker on 10/20/16. (jat) (Entered: 10/20/2016) 10/21/2016 64 Response to Proposed Findings of Fact filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 53 Motion for Summary Judgment. (Ho, Yingtao) (Entered: 10/21/2016) 10/21/2016 65 Brief in Opposition by Plaintiffs Andrew J. Pope, Joshua Rave re: 53 Motion for Summary Judgment filed by Fish Window Cleaning Services, Inc. (Ho, Yingtao) (Entered: 10/21/2016) 10/21/2016 66 Declaration of Joshua Rave filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 53 Motion for Summary Judgment. (Ho, Yingtao) (Entered: 10/21/2016) 10/21/2016 67 Declaration of Andrew Pope filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 53 Motion for Summary Judgment. (Ho, Yingtao) (Entered: 10/21/2016) 10/21/2016 68 Declaration of Yingtao Ho filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 53 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1 - Payroll Detail, # 2 Exhibit 2 - Payroll Detail, # 3 Exhibit 3 - Defendant's Response to Plaintiffs' Third Set of Discovery Requests, # 4 Exhibit 4 - Pre-Training Procedures) (Ho, Yingtao) (Entered: 10/21/2016) 10/21/2016 69 Brief in Opposition by Defendant Fish Window Cleaning Services, Inc. re: 47 Motion for Conditional Certification of Class filed by Joshua Rave, Andrew J. Pope. (Perkins, Heather) (Entered: 10/21/2016) 10/21/2016 70 Declaration of Angie Masters filed by Defendant Fish Window Cleaning Services, Inc. In Support of Opposition re: 47 Motion for Conditional Certification of Class. (Perkins, Heather) (Entered: 10/21/2016) 10/21/2016 71 Declaration of Heather Perkins filed by Defendant Fish Window Cleaning Services, Inc. In Support of Opposition re: 47 Motion for Conditional Certification of Class. (Perkins, Heather) (Entered: 10/21/2016) 10/21/2016 72 Declaration of Michael Sugg filed by Defendant Fish Window Cleaning Services, Inc. In Support of Opposition re: 47 Motion for Conditional Certification of Class, (Attachments: # 1 Exhibit A - Sample Time Card, # 2 Exhibit B - Redacted Pay Stub) (Perkins, Heather) Modified on 10/24/2016: Entered exhibit descriptions; e-mail to counsel. (lak) (Entered: 10/21/2016) 10/21/2016 73 Declaration of Todd Groseclose filed by Defendant Fish Window Cleaning Services, Inc. In Support of Opposition re: 47 Motion for Conditional Certification of Class, (Attachments: # 1 Exhibit A - Redacted Pay Stub) (Perkins, Heather) Modified on 10/24/2016: Entered exhibit description. (lak) (Entered: 10/21/2016) 10/21/2016 74 Disregard. See 77 . Modified on 10/24/2016. (lak) (Entered: 10/21/2016) 10/22/2016 75 Response Stating No Opposition by Defendants Anthony Espeseth, Espeseth, Inc. re: 53 Motion for Summary Judgment filed by Fish Window Cleaning Services, Inc. (Wallo, William) (Entered: 10/22/2016) 10/22/2016 76 Response Stating No Opposition by Defendants Anthony Espeseth, Espeseth, Inc. re: 47 Motion for Conditional Certification of Class filed by Joshua Rave, Andrew J. Pope. (Wallo, William) Modified on 10/24/2016 (voc). (Entered: 10/22/2016) 10/24/2016 77 Declaration of Mark Phillips filed by Defendant Fish Window Cleaning Services, Inc. In Support of Opposition re: 47 Motion for Conditional Certification of Class, (Attachments: # 1 Exhibit 1 - Sample Timesheet, # 2 Exhibit 2 - Employee pay stub, # 3 Exhibit 3 - Employee W-2) (Rollins, Samantha) Modified on 10/24/2016. (lak) (Entered: 10/24/2016) 11/07/2016 78 Motion to Amend 14 Amended Complaint by Plaintiffs Andrew J. Pope, Joshua Rave. Brief in Opposition due 11/14/2016. Brief in Reply due 11/21/2016. (Attachments: # 1 Second Amended Complaint) (Ho, Yingtao) (Entered: 11/07/2016) 11/07/2016 79 Supplemental Declaration of Yingtao Ho filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 78 Motion to Amend Complaint, (Attachments: # 1 Exhibit 1 - Defendants' Response to Plaintiffs' First Set of Discovery Requests, # 2 Exhibit 2 - First, Fourth, and Seventh Pages of the Exhibit to the 2014 Franchise Circular, # 3 Exhibit 3 - Defendant's First Supplement to Its Initial Disclosures) (Ho, Yingtao) Modified on 11/8/2016. (lak) (Entered: 11/07/2016) 11/07/2016 80 Disregard. A Brief in Support of 78 will not be filed. Modified on 11/8/2016. (lak) (Entered: 11/07/2016) 11/07/2016 81 Brief in Reply by Plaintiffs Andrew J. Pope, Joshua Rave in Support of 47 Motion for Conditional Certification of Class. (Ho, Yingtao) (Entered: 11/07/2016) 11/07/2016 82 Brief in Reply by Defendant Fish Window Cleaning Services, Inc. in Support of 53 Motion for Summary Judgment. (Perkins, Heather) (Entered: 11/07/2016) 11/07/2016 83 Reply in Support of Proposed Findings of Fact filed by Defendant Fish Window Cleaning Services, Inc. re: 53 Motion for Summary Judgment. (Perkins, Heather) (Entered: 11/07/2016) 11/07/2016 84 Response to Proposed Findings of Fact filed by Defendant Fish Window Cleaning Services, Inc. re: 53 Motion for Summary Judgment. (Perkins, Heather) (Entered: 11/07/2016) 11/07/2016 85 Declaration of Heather Perkins filed by Defendant Fish Window Cleaning Services, Inc. re: 53 Motion for Summary Judgment, (Attachments: # 1 Exhibit A - Sample Weekly Time Card, # 2 Exhibit B - Job Description) (Perkins, Heather) Modified on 11/8/2016. (lak) (Entered: 11/07/2016) 11/07/2016 86 Declaration of Angie Masters filed by Defendant Fish Window Cleaning Services, Inc. re: 53 Motion for Summary Judgment, (Attachments: # 1 Exhibit A - Outline Regarding New Employee Documents, # 2 Exhibit B - Sample Non-Compete Agreement) (Perkins, Heather) Modified on 11/8/2016. (lak) (Entered: 11/07/2016) 11/14/2016 87 Brief in Opposition by Defendant Fish Window Cleaning Services, Inc. re: 78 Motion to Amend Complaint filed by Joshua Rave, Andrew J. Pope. (Perkins, Heather) (Entered: 11/14/2016) 11/14/2016 88 Declaration of Heather Perkins filed by Defendant Fish Window Cleaning Services, Inc. In Support of Opposition re: 78 Motion to Amend Complaint, (Attachments: # 1 Exhibit A - Excerpt of Plaintiffs' Responses to the Defendants' First Set of Discovery Requests) (Perkins, Heather) Modified on 11/15/2016. (lak) (Entered: 11/14/2016) 11/15/2016 89 Motion for Leave to File to File Sur-Reply Brief by Plaintiffs Andrew J. Pope, Joshua Rave. (Attachments: # 1 Plaintiffs' Sur-Reply Brief in Opposition to Fish's Motion for Summary Judgment) (Ho, Yingtao) (Entered: 11/15/2016) 11/15/2016 90 Motion to Stay Summary Judgment (Rule 56(F)) by Plaintiffs Andrew J. Pope, Joshua Rave. Response due 11/22/2016. (Ho, Yingtao) Modified on 11/15/2016. (lak) (Entered: 11/15/2016) 11/21/2016 91 Brief in Reply by Plaintiffs Andrew J. Pope, Joshua Rave in Support of 78 Motion to Amend Complaint. (Ho, Yingtao) (Entered: 11/21/2016) 11/22/2016 92 Brief in Opposition by Defendant Fish Window Cleaning Services, Inc. re: 90 Motion to Stay filed by Joshua Rave, Andrew J. Pope. (Perkins, Heather) (Entered: 11/22/2016) 11/22/2016 93 Declaration of Heather Perkins filed by Defendant Fish Window Cleaning Services, Inc. re: 90 Motion to Stay, (Attachments: # 1 Exhibit A - Fish Window Cleaning's Responses to Plaintiffs' Third Set of Discovery Requests) (Perkins, Heather) Modified on 11/22/2016. (lak) (Entered: 11/22/2016) 11/22/2016 94 Brief in Opposition by Defendant Fish Window Cleaning Services, Inc. re: 89 Motion for Leave to File filed by Joshua Rave, Andrew J. Pope. (Perkins, Heather) (Entered: 11/22/2016) 11/22/2016 95 Declaration of Heather Perkins filed by Defendant Fish Window Cleaning Services, Inc. re: 89 Motion for Leave to File. (Perkins, Heather) (Entered: 11/22/2016) 12/29/2016 96 Stipulated Motion for Extension of Time (Joint) for Plaintiffs to file Motion to Certify Class and Defendants to File Motions to Decertify Any Conditionally Certified Class by Defendant Fish Window Cleaning Services, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Perkins, Heather) (Entered: 12/29/2016) 01/03/2017 97 ** TEXT ONLY ORDER ** The parties jointly move to extend the deadline for motions to certify/decertify classes. Dkt. 96. The court will GRANT the parties' motion but shorten the extension and provide a hard deadline. The parties' motions to certify/decertify classes are due March 2, 2017. Signed by District Judge James D. Peterson on 01/03/2017. (mfh) (Entered: 01/03/2017) 01/04/2017 Reset Deadlines as to Motions to Certify Class: Motion to Certify Class under Rule 23 due 3/2/2017. (jat) (Entered: 01/04/2017) 01/11/2017 98 OPINION & ORDER granting in part 47 Motion for Conditional Certification of Class; granting 53 Motion for Summary Judgment; denying 78 Motion to Amend Complaint; denying 89 Motion for Leave to File; denying 90 Motion to Stay. Fish Window Cleaning Services, Inc. is dismissed from this case. The parties must confer on the appropriate language for a notice to potential class members and submit a proposed notice for the court's approval by January 25, 2017. Signed by District Judge James D. Peterson on 1/11/17. (jat) (Entered: 01/11/2017) 01/25/2017 99 Disregard; re-filed as 100 . Modified on 1/25/2017. (kwf) (Entered: 01/25/2017) 01/25/2017 100 Proposed Notice by Plaintiffs Andrew J. Pope, Joshua Rave of Pendency of Lawsuit. (Ho, Yingtao) Modified on 1/25/2017. (lak) (Entered: 01/25/2017) 02/08/2017 101 ORDER: Plaintiffs Andrew J. Pope and Joshua Rave ordered to file a proposed notice to potential class members by February 22, 2017. Signed by District Judge James D. Peterson on 2/8/17. (jat) (Entered: 02/08/2017) 02/23/2017 102 Motion for Court Approval of FLSA Class Notice and Opt In Form by Plaintiffs Andrew J. Pope, Joshua Rave. Response due 3/2/2017. (Attachments: # 1 Consent to Opt In Form) (Ho, Yingtao) (Entered: 02/23/2017) 02/23/2017 103 Declaration of Yingtao Ho filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 102 Motion for Court Approval of FLSA Class Notice and Opt In Form, (Attachments: # 1 Exhibit 1 - Email, # 2 Exhibit 2 - Response) (Ho, Yingtao) Modified on 2/24/2017. (lak) (Entered: 02/23/2017) 02/23/2017 104 Stipulation for Conditional Certification of Class by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) Modified on 2/24/2017. (lak) (Entered: 02/23/2017) 02/24/2017 105 Motion to Withdraw Motion for Court Approval of FLSA Class Notice and Opt-In Form by Plaintiffs Andrew J. Pope, Joshua Rave. Response due 3/3/2017. (Attachments: # 1 Exhibit 1 - 2/23/17 Email) (Ho, Yingtao) Modified on 2/24/2017. (lak) (Entered: 02/24/2017) 02/24/2017 106 Notice by Plaintiffs Andrew J. Pope, Joshua Rave of Consent to Opt In Form. (Ho, Yingtao) Modified on 2/24/2017. (lak) (Entered: 02/24/2017) 02/27/2017 107 ORDER accepting in part 104 Stipulation for Conditional Certification of Class; granting 105 Motion to Withdraw the 102 Motion for approval of class notice and opt-in form. Signed by District Judge James D. Peterson on 2/27/17. (jat) (Entered: 02/27/2017) 02/27/2017 Set Deadlines as to Motions to Certify Class: Motion to Certify/Decertify Class under Rule 23 due 4/24/2017. (jat) (Entered: 02/27/2017) 03/20/2017 108 Stipulation to Extend Opt-In Deadline by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) Modified on 3/20/2017. (lak) (Entered: 03/20/2017) 03/21/2017 109 ** TEXT ONLY ORDER ** The parties stipulate to extend to April 26, 2017, the deadline for potential plaintiffs to file optin notices. Dkt. 108 . They explain that the extension is necessary because defendants delayed in providing a list of putative class members to plaintiffs. The parties should have notified the court as soon as the need for an extension became apparent. The class notice distribution and opt-in deadlines previously set by the court, Dkt. 107 , do not provide much flexibility but are necessary to keep the case on schedule. To avoid undue prejudice to plaintiffs, the court will accept the stipulation in part and allow a short extension: potential plaintiffs may file opt-in notices until April 24, 2017. To accommodate this extension, the court will also extend the deadline for motions to certify/decertify the class to April 27. Signed by District Judge James D. Peterson on 3/21/17. (jat) (Entered: 03/21/2017) 03/21/2017 Reset Deadlines as to Motions to Certify Class: Motion to Certify/Decertify Class under Rule 23 due 4/27/2017. (jat) (Entered: 03/21/2017) 03/27/2017 110 Stipulation to Stay Scheduling Order by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) (Entered: 03/27/2017) 03/28/2017 111 ** TEXT ONLY ORDER ** The parties indicate that they have reached a settlement in principle and stipulate to stay all scheduling deadlines pending the court's ruling on a joint motion for preliminary approval of settlement, which the parties promise to file by April 7. Dkt. 110 . The parties have already requested and received numerous extensions, see Dkt. 18 ; Dkt. 36 ; Dkt. 44 ; Dkt. 46 ; Dkt. 63 ; Dkt. 97 ; Dkt. 109 , so the court is wary of further extensions. The court will construe the parties' stipulation as a motion to strike the deadlines and GRANT it in part. The deadlines for opt-in notices and motions to certify/decertify the class are STRUCK. The court will not re-set these deadlines: if the settlement falls through or is not approved by the court, the case will proceed on only the named plaintiffs' claims. The July 21 summary judgment deadline and January 22, 2018 trial date remain firmly in place. Signed by District Judge James D. Peterson on 3/28/2017. (jls) (Entered: 03/28/2017) 04/07/2017 112 Joint Motion for Preliminary Approval of Settlement Agreement of Class Settlement by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) (Entered: 04/07/2017) 04/07/2017 113 Joint Brief in Support of 112 Motion to Approve Settlement Agreement of Class Settlement by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) (Entered: 04/07/2017) 04/07/2017 114 Settlement Agreement by Plaintiffs Andrew J. Pope, Joshua Rave, (Attachments: # 1 Exhibit A - Preliminary Settlement Approval Order, # 2 Exhibit B - Class Action, # 3 Exhibit C - Opt In Claim Form, # 4 Exhibit D - Final Settlement Approval Order) (Ho, Yingtao) (Entered: 04/07/2017) 04/07/2017 115 Declaration of Yingtao Ho filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 112 Motion to Approve Settlement Agreement. (Ho, Yingtao) (Entered: 04/07/2017) 04/25/2017 116 ORDER granting 112 Parties' Motion for Preliminary Approval of Collective Action Settlement Agreement. Settlement Approval Hearing set for 9/28/2017 at 10:00 AM. Signed by District Judge James D. Peterson on 4/25/17. (jat) (Entered: 04/25/2017) 05/08/2017 117 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Nicholas Restivo, Joshua Bell, Kevin Hanke, Moue Moua, Wesley L. Fleischer) (Ho, Yingtao) Modified on 5/9/2017. (lak) (Entered: 05/08/2017) 05/15/2017 118 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Randall Matthis Gurney, Ryan Rasmussen, Austin Alek Johnson, Travis DeGree, Tyler Boss) (Ho, Yingtao) Modified on 5/15/2017. (lak) (Entered: 05/15/2017) 05/22/2017 119 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Donald Sanders, Jordan Black, Nicholas E. Nelson) (Ho, Yingtao) Modified on 5/22/2017. (lak) (Entered: 05/22/2017) 05/31/2017 120 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Christopher Schloemer, Joseph Pope, Jamie Jack Kendall) (Ho, Yingtao) Modified on 5/31/2017. (lak) (Entered: 05/31/2017) 06/22/2017 121 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Marc Keller, Sandra Harold-Bartle and Michael Woehrle) (Ho, Yingtao) (Entered: 06/22/2017) 07/12/2017 122 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Brandon Zarnoth and Derek Eggert) (Ho, Yingtao) (Entered: 07/12/2017) 07/21/2017 123 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Jacob M. Peterson and Andrew M. Clark) (Ho, Yingtao) Modified on 7/23/2017: Second and fourth pages are blank. Scanned double sided? (lak) (Entered: 07/21/2017) 07/24/2017 Reset Hearing to accommodate the court's calendar: Settlement Approval Hearing reset for 9/27/2017 at 01:00 PM. (jat) (Entered: 07/24/2017) 07/27/2017 124 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Ross Rivard) (Ho, Yingtao) Modified on 7/28/2017: Second page is blank. (lak) (Entered: 07/27/2017) 08/14/2017 125 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Matt Barnier and Clinton Steinmetz) (Ho, Yingtao) Modified on 8/15/2017: Second and fourth pages are blank. Scanned double sided? (lak) (Entered: 08/14/2017) 08/15/2017 126 Notice of Consent to Join Lawsuit by Plaintiffs Andrew J. Pope, Joshua Rave. (Nicholas Knutson) (Ho, Yingtao) (Entered: 08/15/2017) 09/05/2017 127 Final Motion to Approve Settlement Agreement by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) Modified on 9/5/2017. (lak) (Entered: 09/05/2017) 09/05/2017 128 Joint Brief in Support of 127 Final Motion to Approve Settlement Agreement by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) Modified on 9/5/2017. (lak) (Entered: 09/05/2017) 09/05/2017 129 Declaration of Yingtao Ho filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 127 Final Motion to Approve Settlement Agreement, (Attachments: # 1 Exhibit 1 - Employee Summary, # 2 Exhibit 2 - Spreadsheet) (Ho, Yingtao) Modified on 9/5/2017. (lak) (Entered: 09/05/2017) 09/05/2017 130 Motion for Attorney Fees and Incentive Awards by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) (Entered: 09/05/2017) 09/05/2017 131 Brief in Support of 130 Motion for Attorney Fees and Incentive Awards by Plaintiffs Andrew J. Pope, Joshua Rave. (Ho, Yingtao) Modified on 9/5/2017. (lak) (Entered: 09/05/2017) 09/05/2017 132 Declaration of Yingtao Ho filed by Plaintiffs Andrew J. Pope, Joshua Rave re: 130 Motion for Attorney Fees, (Attachments: # 1 Exhibit 1 - Statement of Attorney Fees, # 2 Exhibit 2 - Statement of Attorney Costs) (Ho, Yingtao) Modified on 9/5/2017. (lak) (Entered: 09/05/2017) 09/25/2017 133 Motion to Appear by Telephone at Settlement Approval Hearing by Defendants Anthony Espeseth, Espeseth, Inc. (Wallo, William) (Entered: 09/25/2017) 09/25/2017 134 ** TEXT ONLY ORDER ** Defendants' motion for leave to appear by telephone 133 is GRANTED. Counsel should provide the court with the phone number at which they can be reached prior to the settlement approval hearing. Signed by District Judge James D. Peterson on 9/25/2017. (arw) (Entered: 09/25/2017) 09/27/2017 135 Minute Order of Proceedings held before District Judge James D. Peterson: Settlement Approval Hearing held on 9/27/2017. Motion for Final Approval of Settlement Agreement 127 is granted. Motion for Attorney Fees and Incentive Awards 130 is granted. [:08]. (Court Reporter JD.) (jat) (Entered: 09/27/2017) 09/27/2017 136 OPINION & ORDER: Plaintiffs Andrew J. Pope and Joshua Rave's motion for final approval of the settlement agreement, Dkt. 127 , is GRANTED. Plaintiffs' motion for attorney fees and incentive awards, Dkt. 130 , is GRANTED. Plaintiffs' counsel is awarded $15,000 in attorney fees and $1,656.52 in costs. This case is DISMISSED with prejudice. Signed by District Judge James D. Peterson on 9/27/17. (jat) (Entered: 09/27/2017) 09/27/2017 137 JUDGMENT in favor of defendant Fish Window Cleaning Services, Inc. granting summary judgment. JUDGMENT in favor of Andrew J. Pope, Joshua Rave against Espeseth, Inc., Anthony Espeseth in the amount of $49,020.00. (jat) (Entered: 09/27/2017) 10/09/2017 138 NOTICE OF APPEAL by Plaintiffs Andrew J. Pope, Joshua Rave as to 98 Order on Motion for Conditional Certification of Class, Order on Motion for Summary Judgment, Order on Motion to Amend Complaint, Order on Motion for Leave to File, Order on Motion to Stay. Filing fee of $ 505, receipt number 0758-2119081 paid. Docketing Statement filed. (Attachments: # 1 Exhibit 1 - Docketing Statement) (Ho, Yingtao) Modified on 10/10/2017: Docketing statement is filed twice; once attached to the complaint and once as an exhibit. The district court case number on the docketing statement is incorrect. (lak) (Entered: 10/09/2017) 10/09/2017 139 Bill of Costs by Defendant Fish Window Cleaning Services, Inc.. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 10/19/2017. Brief in Support to Bill of Costs due 10/30/2017. Brief in Reply in Opposition to Bill of Costs due 11/3/2017. (Perkins, Heather) (Entered: 10/09/2017)

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