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)

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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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 [phone]. [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 [phone]. [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)