Case: Edwards v. PJ Ops Idaho, LLC

Edwards v. PJ Ops Idaho

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1606643.), filed by Cory Edwards. (Attachments: # 1 Exhibit Consent to Join Action, # 2 Cover Sheet)(Hepworth, Jeffrey) Modified on 7/5/2017 to refer to Dkt. 2 for correct Attachment #1 Exhibit Consent to Join Action (cjs).

SUPPLEMENT by Plaintiff Cory Edwards re 1 Complaint Exhibit - Consent to Join Action - Cory Edwards. (Hepworth, Jeffrey)

Corrective Entry

CORRECTIVE ENTRY - The entry docket number 1 Complaint filed by Cory Edwards was filed incorrectly in this case in regard to Attachment #1 only as the wrong document was attached. The filing party will re-submit their correct filing for Attachment #1 using the event of Supplement. (cjs)

NOTICE by Cory Edwards of Consent to Join Action - McNeese (Hepworth, Jeffrey)

NOTICE by Cory Edwards of Consent to Join Action- Corbisier (Hepworth, Jeffrey)

NOTICE by Cory Edwards of Consent to Join Action - Jensen (Hepworth, Jeffrey)

MOTION FOR PRO HAC VICE APPEARANCE by Andrew Biller. ( Filing fee $ 225 receipt number 0976-1609270.)Jeffrey J Hepworth appearing for Plaintiff Cory Edwards. Responses due by 8/2/2017 (Hepworth, Jeffrey)

MOTION FOR PRO HAC VICE APPEARANCE by Andrew Kimble. ( Filing fee $ 225 receipt number 0976-1609298.)Jeffrey J Hepworth appearing for Plaintiff Cory Edwards. Responses due by 8/2/2017 (Hepworth, Jeffrey)

DOCKET ENTRY ORDER approving 6 Motion for Pro Hac Vice Appearance of attorney Andrew Biller for Cory Edwards; approving 7 Motion for Pro Hac Vice Appearance of attorney Andrew Kimble for Cory Edwards. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Order on Motion for Pro Hac Vice Appearance AND Order on Motion for Pro Hac Vice Appearance

Summons Issued as to PJ Ops Idaho, LLC, Papa John's International, Inc., Tom Wylie. (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(cjs)

SUMMONS Returned Executed by Cory Edwards. Papa John's International, Inc served on 7/21/2017, answer due 8/11/2017. (Hepworth, Jeffrey) Modified on 7/25/2017 to correct party served in the text (cjs).

SUMMONS Returned Executed by Cory Edwards. PJ Ops Idaho, LLC served on 7/21/2017, answer due 8/11/2017. (Hepworth, Jeffrey) Modified on 7/25/2017 to correct party served in the text (cjs).

NOTICE by Cory Edwards Consent ot Join Action - Langham (Hepworth, Jeffrey)

NOTICE by Cory Edwards Consent to Join Action - Hill (Hepworth, Jeffrey)

SUMMONS Returned Executed by Cory Edwards. Papa John's International, Inc. served on 7/24/2017, answer due 8/14/2017. (Hepworth, Jeffrey)

SUMMONS Returned Executed by Cory Edwards. Tom Wylie served on 7/25/2017, answer due 8/15/2017. (Hepworth, Jeffrey)

STIPULATION to Extend Deadline to Submit Answer by PJ Ops Idaho, LLC, Tom Wylie. (White, Robert)

DOCKET ENTRY ORDER ADOPTING 16 Stipulation. Defendants' shall submit an answer in this matter on or before August 28, 2017. Signed by Judge Ronald E. Bush. (dg)

STIPULATION - REGARDING RESPONSE TO COMPLAINT by Papa John's International, Inc.. (Ashby, D.)

Order

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Cory Edwards, Papa John's International, Inc. re 18 Stipulation, 1 Complaint, Consent/Objection to Magistrate due by 10/16/2017. (cjs)

Notice to file Corporate Disclosure Statement

NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (cjs)

DOCKET ENTRY ORDER ADOPTING 18 Stipulation. PJI shall have until August 28, 2017 to respond to Plaintiff's Complaint. Signed by Judge Ronald E. Bush. (dg)

DOCKET ENTRY ORDER - IT IS HEREBY ORDERED that this case is reassigned to the Honorable David C. Nye for all further proceedings. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Order

Notice of Case Number Change

DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge David C. Nye for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 1:17-cv-00283-DCN. (cjs)

MOTION FOR PRO HAC VICE APPEARANCE by Gerald L. Maatman, Jr.. ( Filing fee $ 225 receipt number 0976-1624622.)D. John Ashby appearing for Defendant Papa John's International, Inc.. Responses due by 9/8/2017 (Ashby, D.)

DOCKET ENTRY ORDER approving 22 Motion for Pro Hac Vice Appearance of attorney Gerald L Maatman, Jr for Papa John's International, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Order on Motion for Pro Hac Vice Appearance

STIPULATION of Dismissal (JOINT) by Papa John's International, Inc.. (Maatman, Gerald)

NOTICE by Cory Edwards of Consent to Join Action - Enrique Rocha (Kimble, Andrew) Modified on 8/31/2017 pursuant to Corrective Entry (cjs).

ANSWER to 1 Complaint, (Class and Collective Action) by PJ Ops Idaho, LLC, Tom Wylie.(White, Robert)

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Cory Edwards, PJ Ops Idaho, LLC, Tom Wylie re 26 Answer to Complaint, 1 Complaint, Consent/Objection to Magistrate due by 10/30/2017. (cjs)

Notice to file Corporate Disclosure Statement

Corrective Entry

CORRECTIVE ENTRY - The entry docket number 25 Notice (Other) filed by Enrique Rocha was filed incorrectly in this case as the party should not have been added to the case as a Plaintiff at this time.No action is needed by the filing party as the Clerk's Office will make the correction.(cjs)

NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (cjs)

ORDER re 24 Stipulation of Dismissal - all claims against Papa Johns International, Inc. in the above-captioned action are DISMISSED WITHOUT PREJUDICE. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 9/29/2017 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Chart of Admissions from Defendants' Answer, # 3 Exhibit 2 - Declaration of Cory Edwards, # 4 Exhibit 3 - Declaration of Darrel Corbisier, # 5 Exhibit 4 - Declaration of Danny McNeese, # 6 Exhibit 5 - Declaration of Brent Jensen, # 7 Exhibit 6 - Declaration of James Langham, # 8 Exhibit 7 - Sampling of Paystubs for Opt-In Plaintiffs Rocha and Langham, # 9 Exhibit 8 - Defendants' Secretary of State Filings, # 10 Exhibit 9 - Wichita Eagle Article, # 11 Exhibit 10 - Colorado Springs Gazette Article, # 12 Exhibit 11 - Papa John's Franchisee of the Year Press Release, # 13 Exhibit 12 - Proposed Notice and Consent Form, # 14 Exhibit 13 - Proposed Email to Putative Class Members, # 15 Exhibit 14 - Wall Street Journal Article)(Kimble, Andrew)

Corporate Disclosure Statement by PJ Ops Idaho, LLC identifying Corporate Parent PJ Ops Idaho, LLC, Other Affiliate PJ Holdings KY, LLC for PJ Ops Idaho, LLC.. (White, Robert)

MEMORANDUM in Opposition re 29 MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members filed by PJ Ops Idaho, LLC, Tom Wylie. Replies due by 10/13/2017. (Attachments: # 1 Declaration of Stephen Warren, # 2 Declaration of Tom Wylie)(White, Robert)

MOTION for Leave to File Overlength Brief Robert Blaine White appearing for Defendants PJ Ops Idaho, LLC, Tom Wylie. Responses due by 10/20/2017 (White, Robert)

DOCKET ENTRY ORDER. Having reviewed defendants' explanation and good cause appearing, defendants' Motion for Leave to File Overlength Brief (Dkt. 32 ) is GRANTED. Overlength briefs are rarely granted by the Court however because this case presents complicated issues and may become a class action suit, the Court will allow this overlength brief. The Court would also note that filing a Motion for overlength brief simultaneously with an overlength brief on the response due date is inappropriate. Advanced notice will be necessary in the future. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

NOTICE of Appearance by Melodie Annalise McQuade on behalf of PJ Ops Idaho, LLC, Tom Wylie (McQuade, Melodie)

Order

CORRECTIVE ENTRY - The entry docket number 29 MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members filed by Cory Edwards was filed incorrectly in this case as it pertains to the Certificate of Service only. The filing party shall refer to ECF Procedure 8 and submit correct certificates of service for all future filings.(cjs)

Corrective Entry - Certificate of Service

MOTION for Leave to File Excess Pages Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 11/1/2017 (Kimble, Andrew)

DOCKET ENTRY ORDER. Having reviewed Plaintiffs' explanation and good cause appearing, plaintiffs' Motion for Leave to File Overlength Brief ([Dkt. 35]) is GRANTED to the following extent: Plaintiff may file a brief not to exceed 25 pages. Overlength briefs are rarely granted by the Court however because this case presents complicated issues and may become a class action suit, the Court will allow this overlength brief. The Court allowed defendants to file a 24 page brief, it is only fair to extend a similar opportunity to plaintiffs. The Court will not however allow a 30 page brief. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

**CORRECTIVE ENTRY** The Court's prior order erroneously utilized the page lengths as applied to response briefs, not reply briefs. Plaintiff's will still be given 5 extra pages, however that will mean their brief should not exceed 15 pages. The Court will not accept a 20 page reply as requested. Please disregard the Court's references to 25 and 30 pages. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

Order

MOTION to Amend/Correct 1 Complaint, Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 11/3/2017 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Proposed First Amended Complaint, # 3 Exhibit 2 - Limited Liability Company Filings, # 4 Exhibit 3 - Proposed Order Granting Motion)(Kimble, Andrew)

REPLY to Response to Motion re 29 MOTION to Certify FLSA Collective Action and Approve Notice to Putative Class Members filed by Cory Edwards.(Kimble, Andrew)

Docket entry only - CONSENT to Magistrate Judge filed. (cjs)

Consent Filed

Corrective Entry - Proposed Orders

CORRECTIVE ENTRY - The entry document number 38 MOTION to Amend/Correct 1 Complaint, filed by Cory Edwards in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order.(cjs)

MOTION for Hearing Request for Status Conference Robert Blaine White appearing for Defendants PJ Ops Idaho, LLC, Tom Wylie. Responses due by 11/9/2017 (White, Robert)

RESPONSE to Motion re 41 MOTION for Hearing Request for Status Conference filed by Cory Edwards. Replies due by 11/3/2017.(Kimble, Andrew)

DOCKET ENTRY ORDER. Pursuant to the Court's informal communications with the Parties, Defendants' Motion for Status Conference (Dkt. 41 ) is dismissed as Moot. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

Order

The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. Consent deadline(s) termed. (cjs)

Expired 60 Day ddl re Consents

RESPONSE to Motion re 38 MOTION to Amend/Correct 1 Complaint, filed by PJ Ops Idaho, LLC, Tom Wylie. Replies due by 11/17/2017.(White, Robert)

DOCKET ENTRY ORDER. Pursuant to Defendant's Notice of Non-Opposition (Dkt. 44 ), Plaintiff's Motion for Leave to File First Amended Complaint (Dkt. 38 ) is hereby GRANTED. Plaintiff shall have until November 9, 2017, to file its First Amended Complaint (Dkt. [38-2]). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

AMENDED COMPLAINT against PJ Ops Idaho, LLC, Tom Wylie, PJ Holdings KY, LLC, PJ Ops Kansas, LLC, PJ Ops Colorado, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ Operations LLC, PJ West Fargo, LLC, PJ Falcon Colorado, LLC, Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, filed by Cory Edwards.(Kimble, Andrew)

Order

CERTIFICATE OF SERVICE by Cory Edwards re 46 Amended Complaint, with respect to PJ Ops Idaho, LLC and Tom Wylie (Kimble, Andrew)

CORRECTIVE ENTRY - The entry docket number 46 Amended Complaint, filed by Cory Edwards was filed incorrectly in this case as it pertains to the Certificate of Service only as it is missing for appearing party(s). The filing party shall refer to ECF Procedure 8 and submit their correct certificate of service using Certificate of Service located under Service of Process and link to the docket entry.(cjs)

Corrective Entry - Certificate of Service

ANSWER to 46 Amended Complaint, by PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie.(White, Robert)

Consent MOTION to Consolidate Cases Andrew Kimble appearing for Plaintiff Cory Edwards. Responses due by 3/1/2018 (Kimble, Andrew)

NOTICE of Appearance by Emily Mueller on behalf of PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie (Mueller, Emily)

RESPONSE to Motion re 49 Consent MOTION to Consolidate Cases Notice of Partial Non-Opposition to Plaintiff's Unopposed Rule 42 Motion to Consolidate filed by PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 2/27/2018.(White, Robert)

MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. The joint Motion to Consolidate Cases (Dkt. 49 ) is GRANTED. 2. Case No. 1:18-cv-00037-DCN, Hollingsworth v. PJ Holdings KY, LLC et al., is hereby CONSOLIDATED with the above captioned case. 3. The Parties will submit any and all future filings only in Case No. 1:17-cv-00283-DCN which is now the lead case. The Parties will use the case caption as it appears herein in all future pleadings. A signed copy of this order will be placed in the file of Case No. 1:18-cv-00037-DCN. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

NOTICE by James Hollingsworth Application for Admission Pro Hac Vice (Hepworth, Jeffrey)

MOTION FOR PRO HAC VICE APPEARANCE by Mark Potashnick. ( Filing fee $ 225 receipt number 0976-1704719.)Jeffrey J Hepworth appearing for Plaintiff James Hollingsworth. Responses due by 3/21/2018 (Hepworth, Jeffrey)

ERRATA by Plaintiff James Hollingsworth Application for Admission Pro Hac Vice. (Hepworth, Jeffrey)

DOCKET ENTRY ORDER approving 54 Motion for Pro Hac Vice Appearance of attorney Mark Potashnick for James Hollingsworth and 55 Errata. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)(Placed in mail on 3/1/2018.) Modified on 2/28/2018 (cjs).

Corrective Entry

Order on Motion for Pro Hac Vice Appearance

CORRECTIVE ENTRY - The entry docket number 53 Notice (Other) filed by James Hollingsworth was filed incorrectly in this case as the wrong event was used. The filing party shall re-submit their filing using the correct motion event. Use "Pro Hac Vice Appearance" and this event will prompt you for payment of the fee via pay.gov. Or use "Pro Hac Vice Appearance Pro Bono/Fee Waiver" if you are requesting admission and waiver of the fee.(cjs)

NOTICE of Appearance by Mark Potashnick on behalf of All Plaintiffs Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Potashnick, Mark) Modified on 3/6/2018 to refer to Dkt. 58 for correct certificate of service (cjs).

Corrective Entry - Certificate of Service

CORRECTIVE ENTRY - The entry docket number 57 Notice of Appearance filed by Cory Edwards, James Hollingsworth was filed incorrectly in this case as it pertains to the Certificate of Service only. The filing party shall refer to ECF Procedure 8 and re-submit their correct certificate of service using Certificate of Service located under Service of Process and link to the docket entry.(cjs)

NOTICE of Appearance by Mark Potashnick on behalf of All Plaintiffs Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Potashnick, Mark)

Corrective Entry

CORRECTIVE ENTRY - The entry docket number 58 Notice of Appearance filed by Cory Edwards, James Hollingsworth is a duplicate filing of Dkt. 57 but with a correct Certificate of Service. (cjs)

MOTION to Amend/Correct Unopposed Motion for Leave to Amend Andrew Kimble appearing for Plaintiffs Cory Edwards, James Hollingsworth. Responses due by 4/3/2018 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Proposed Second Amended Complaint, # 3 Exhibit 2 - Proposed Order)(Kimble, Andrew)

RESPONSE to Motion re 59 MOTION to Amend/Correct Unopposed Motion for Leave to Amend filed by PJ Acquisitions, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operation Minnesota, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie. Replies due by 3/27/2018.(White, Robert)

ORDER granting 59 Motion to Amend/Correct - Plaintiffs will have 7 days from the date of this order to file their Second Amended Complaint as outlined in Dkt. 59-2 (Exhibit 1 Proposed Second Amended Complaint). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Corrective Entry - Proposed Orders

CORRECTIVE ENTRY - The entry document number 59 MOTION to Amend/Correct Unopposed Motion for Leave to Amend filed by Cory Edwards, James Hollingsworth in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email only to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order.(cjs)

AMENDED COMPLAINT against Corporate Doe Defendants 1-10, Individual Doe Defendants 1-10, PJ Acquisitions, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operation Minnesota, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie, filed by All Plaintiffs.(Kimble, Andrew)

ANSWER to 62 Amended Complaint, by PJ Acquisitions, LLC, PJ Colorado Springs Co Op, LLC, PJ Falcon Colorado, LLC, PJ Holdings KY, LLC, PJ Operations LLC, PJ Ops Colorado, LLC, PJ Ops Idaho, LLC, PJ Ops Kansas, LLC, PJ Ops Louisiana, LLC, PJ Ops Minnesota, LLC, PJ Ops New York, LLC, PJ West Fargo, LLC, Tom Wylie.(White, Robert)

MOTION to Certify Class Andrew Kimble appearing for Plaintiffs Cory Edwards, James Hollingsworth, James Hollingsworth. Responses due by 5/11/2018 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Cory Edwards Declaration, # 3 Exhibit 2 - Darrel Corbisier Declaration, # 4 Exhibit 3 - Danny McNeese Declaration, # 5 Exhibit 4 - Brent Jensen Declaration, # 6 Exhibit 5 - James Langham Declaration, # 7 Exhibit 6 - James Hollingsworth Declaration, # 8 Exhibit 7 - Kentucky Secretary of State Filings, # 9 Exhibit 8 - Wichita Eagle Article, # 10 Exhibit 9 - Sample Paystubs, # 11 Exhibit 10 - Proposed Notice and Consent Form, # 12 Exhibit 11 - Proposed email to PJ Ops delivery drivers)Associated Cases: 1:17-cv-00283-DCN, 1:18-cv-00037-DCN(Kimble, Andrew)