Case details

Court: flmd
Docket #: 2:11-cv-00454
Case Name: Gilliam v. Wal-Mart Stores East, LP
PACER case #: 261853
Date filed: 2011-08-18
Date terminated: 2012-02-10
Assigned to: Judge John E. Steele
Referred to: Magistrate Judge Sheri Polster Chappell
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Lisa Gilliam
Plaintiff
on behalf of herself and all others similarly situated		 
Bill B. Berke
Berke Law Firm, PA
Suite 300
1003 Del Prado Blvd
Cape Coral, FL 33990
239/549-6689
Fax: 239/549-3331
Email: Berkelaw@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Wal-Mart Stores East, LP
Defendant
a Foreign Limited Partnership doing business asWal-Mart Supercenter		 
Peter W. Zinober
Greenberg Traurig, LLP
Suite 100
625 E Twiggs St
Tampa, FL 33602-3925
813-318-5725
Fax: 813-318-5900
Email: zinoberp@gtlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jay P. Lechner
Greenberg Traurig, LLP
Suite 100
625 E Twiggs St
Tampa, FL 33602-3925
813-318-5710
Fax: 813-318-5900
Email: lechnerj@gtlaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-18 1 0 COMPLAINT against Wal-Mart Stores East, LP (Filing fee $ 350 receipt number FTM001754) filed by Lisa Gilliam. (Attachments: # 1 Civil Cover Sheet)(RMT) (Entered: 08/18/2011)
2011-08-18 2 0 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 12/07/09. (RMT) (Entered: 08/18/2011)
2011-09-20 3 0 NOTICE of Appearance by Jay P. Lechner on behalf of Wal-Mart Stores East, LP (Lechner, Jay) (Entered: 09/20/2011)
2011-09-20 4 0 NOTICE of Appearance by Peter W. Zinober on behalf of Wal-Mart Stores East, LP (Zinober, Peter) (Entered: 09/20/2011)
2011-09-20 5 0 Unopposed MOTION for extension of time to file answer or otherwise plead re 1 Complaint by Wal-Mart Stores East, LP. (Lechner, Jay) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 09/20/2011)
2011-09-20 6 0 ENDORSED ORDER granting 5 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. For good cause shown and because the Motion is unopposed, Defendant shall have up to and including October 5, 2011 to serve its response to Plaintiff's Complaint. Signed by Magistrate Judge Sheri Polster Chappell on 9/20/2011. (BLW) (Entered: 09/20/2011)
2011-10-05 7 0 ANSWER and affirmative defenses to 1 Complaint by Wal-Mart Stores East, LP.(Lechner, Jay) (Entered: 10/05/2011)
2011-10-05 8 0 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/19/2011. Signed by All Divisional Judges on 10/5/2011. (LMH) (Entered: 10/05/2011)
2011-10-05 9 0 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 10/19/2011. Signed by All Divisional Judges on 10/5/2011. (LMH) (Entered: 10/05/2011)
2011-10-05 10 0 FLSA SCHEDULING ORDER. By 10/26/11 parties shall serve copies upon each other as stated in the order By 12/14/11 parties are to meet and confer; Answer to court interrogatories due by 11/16/2011, Settlement Report due by 1/3/2012. Signed by Judge John E. Steele on 10/5/2011. (BMA) (Entered: 10/05/2011)
2011-10-17 11 0 NOTICE of pendency of related cases re 8 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Lisa Gilliam. Related case(s): no (Berke, Bill) (Entered: 10/17/2011)
2011-10-17 12 0 CERTIFICATE of interested persons and corporate disclosure statement re 9 Interested persons order by Lisa Gilliam. (Berke, Bill) (Entered: 10/17/2011)
2011-10-19 13 0 MOTION to strike 7 Answer to complaint and Affirmative Defenses by Lisa Gilliam. (Berke, Bill) (Entered: 10/19/2011)
2011-10-21 14 0 CERTIFICATE of interested persons and corporate disclosure statement re 9 Interested persons order by Wal-Mart Stores East, LP identifying Corporate Parent Wal-Mart Stores East, L.P. for Wal-Mart Stores East, LP.. (Lechner, Jay) (Entered: 10/21/2011)
2011-10-21 15 0 NOTICE of pendency of related cases re 8 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Wal-Mart Stores East, LP. Related case(s): yes (Lechner, Jay) (Entered: 10/21/2011)
2011-10-26 16 0 NOTICE of compliance re 10 FLSA scheduling order by Wal-Mart Stores East, LP (Lechner, Jay) (Entered: 10/26/2011)
2011-11-01 17 0 RESPONSE in opposition re 13 MOTION to strike 7 Answer to complaint and Affirmative Defenses filed by Wal-Mart Stores East, LP. (Lechner, Jay) (Entered: 11/01/2011)
2011-11-10 18 0 NOTICE by Lisa Gilliam, Wal-Mart Stores East, LP re 13 MOTION to strike 7 Answer to complaint and Affirmative Defenses (Berke, Bill) (Entered: 11/10/2011)
2011-11-15 19 0 Unopposed MOTION for extension of time to file document Plaintiff's Answers to the Court's Interrogatories by November 23, 2011 by Lisa Gilliam. (Berke, Bill) (Entered: 11/15/2011)
2011-11-16 20 0 ENDORSED ORDER granting 19 Plaintiff's Unopposed Motion for Enlargement of Time to Answer the Court's Interrogatories. For good cause shown and because the Motion is unopposed, Plaintiff shall have up to and including November 23, 2011 to file her answers to the Courts interrogatories. Signed by Magistrate Judge Sheri Polster Chappell on 11/16/2011. (BLW) (Entered: 11/16/2011)
2011-11-22 21 0 NOTICE by Lisa Gilliam of Filing Answers to the Court's Interrogatories (Attachments: # 1 Main Document Lisa Gilliam's Answers to the Court's Interrogatories)(Berke, Bill) (Entered: 11/22/2011)
2011-11-30 22 0 Joint MOTION for leave to file Motion for Leave to File Amended Answer and Affirmative Defenses by Wal-Mart Stores East, LP. (Attachments: # 1 Main Document Amended Answer and Affirmative Defenses)(Lechner, Jay) (Entered: 11/30/2011)
2011-12-05 23 0 ENDORSED ORDER granting 22 Joint Stipulated Motion for Leave to File Amended Answer and Affirmative Defenses. For good cause shown and because the Motion is unopposed, Defendant is granted leave to file an amended answer and affirmative defenses. The Clerk of Court is directed to file Defendant's Amended Answer and Affirmative Defenses, attached to the instant Motion (Doc. #22-1), as a separate entry in the CM/ECF system. Signed by Magistrate Judge Sheri Polster Chappell on 12/5/2011. (BLW) (Entered: 12/05/2011)
2011-12-05 24 0 ENDORSED ORDER denying as moot 13 Plaintiff's Motion to Strike/Dismiss Defendant's Answer and Affirmative Defenses and Demand for Definite Statements. The Parties informed the Court in their Joint Stipulated Motion for Leave to Amend Answer and Affirmative Defenses (Doc. #22) that they wish withdraw the instant Motion from consideration. Defendant has been granted leave to file an amended answer and affirmative defenses. Signed by Magistrate Judge Sheri Polster Chappell on 12/5/2011. (BLW) (Entered: 12/05/2011)
2011-12-21 25 0 MOTION for miscellaneous relief, specifically Tender of Full Payment and Dispositive Motion to Dismiss Complaint with Prejudice by Wal-Mart Stores East, LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lechner, Jay) (Entered: 12/21/2011)
25 1 Exhibit A
25 2 Exhibit B
25 3 Exhibit C
2011-12-05 26 0 AMENDED ANSWER and affirmative defenses to 1 Complaint by Wal-Mart Stores East, LP.(RMT) (Entered: 12/22/2011)
2011-12-28 27 0 RESPONSE in opposition re 25 MOTION for miscellaneous relief, specifically Tender of Full Payment and Dispositive Motion to Dismiss Complaint with Prejudice and Memorandum of Law filed by Lisa Gilliam. (Berke, Bill) (Entered: 12/28/2011)
2011-12-29 28 0 ORDER taking under advisement 25 Notice of full payment and Motion to dismiss complaint with prejudice pending the filing of a reply within 14 days. Signed by Judge John E. Steele on 12/29/2011. (RKR) (Entered: 12/29/2011)
2012-01-12 29 0 MEMORANDUM in support re 25 Motion for miscellaneous relief of Tender of Full Payment and Motion to Dismiss filed by Wal-Mart Stores East, LP. (Attachments: # 1 Exhibit A)(Lechner, Jay) (Entered: 01/12/2012)
2012-01-13 30 0 ORDER granting 25 Motion to dismiss complaint with prejudice and plaintiff's 1 Complaint is dismissed with prejudice as moot. The Clerk shall enter judgment accordingly, terminate all deadlines and motions as moot, and close the file. Signed by Judge John E. Steele on 1/13/2012. (RKR) Order vacated per Order 31 . Modified on 1/17/2012 (drn). (Entered: 01/13/2012)
2012-01-13 31 0 ORDER vacating 30 Order dismissing Complaint with prejudice pending further review. See Order for details. Signed by Judge John E. Steele on 1/13/2012. (RKR) (Entered: 01/13/2012)
2012-01-24 32 0 MOTION for leave to file to File Supplemental Briefing in Support of Tender of Full Payment and Motion to Dismiss by Wal-Mart Stores East, LP. (Lechner, Jay) (Entered: 01/24/2012)
2012-01-27 33 0 ORDER granting 32 Motion for leave to file supplemental briefing and counsel for both sides may file supplemental briefing on or before February 3, 2012. Signed by Judge John E. Steele on 1/27/2012. (RKR) (Entered: 01/27/2012)
2012-02-02 34 0 SUPPLEMENT re 33 Order on motion for leave to file Brief In Opposition Of Defendants Motion To Dismiss [DE 25] And Request For The Court To Enter An Order Denying The Defendants Motion To Dismiss And Order The Parties To File A Case Management Report by Lisa Gilliam. (Berke, Bill) (Entered: 02/02/2012)
2012-02-03 35 0 MEMORANDUM in support re 29 Memorandum in support of Tender of Full Payment and Motion to Dismiss filed by Wal-Mart Stores East, LP. (Lechner, Jay) (Entered: 02/03/2012)
2012-02-10 36 0 OPINION AND ORDER granting 25 Tender of full payment and dispositive motion to dismiss and dismissing with prejudice 1 Complaint. The Clerk shall enter judgment dismissing the case with prejudice as moot, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 2/10/2012. (RKR) (Entered: 02/10/2012) 2012-02-11 08:46:07 419e451a0ab9ccb2a9a81aabebcc04d2e16702fb
2012-02-10 37 0 JUDGMENT (Signed by Deputy Clerk) (RMT) (Entered: 02/13/2012) 2012-02-27 21:55:09 52c62b2bce830b355444f12a3f4128f014db9d33
2012-02-21 38 0 MOTION for reconsideration re 36 Opinion and order by Lisa Gilliam. (Attachments: # 1 Exhibit A Motion for an Award of Attorney's Fees and Costs)(Berke, Bill) (Entered: 02/21/2012) 2012-02-27 21:57:29 f6886546d40880ec94620aa5e5e77248f964127d
38 1 Exhibit A Motion for an Award of Attorney's Fees and Costs
2012-03-06 39 0 MEMORANDUM in opposition re 38 Motion for reconsideration filed by Wal-Mart Stores East, LP. (Lechner, Jay) (Entered: 03/06/2012) 2012-05-16 13:18:00 a6a0c1e5983135433e6b02af99619c4805d4f7f8
2012-03-12 40 0 NOTICE OF APPEAL as to 37 Judgment, 36 Opinion and order by Lisa Gilliam. (Filing fee not paid) (Attachments: # 1 Exhibit A- Docketing Fee)(Berke, Bill) (Entered: 03/12/2012)
2012-03-14 41 0 TRANSCRIPT information form filed by Lisa Gilliam re 40 Notice of appeal. USCA number: Not assigned yet. (RMT) (Entered: 03/14/2012)
2012-05-03 42 0 ORDER denying 38 Motion for reconsideration. If plaintiff wishes to have the Court consider the motion for attorney's fees, it may be filed separately as a pending motion. Signed by Judge John E. Steele on 5/3/2012. (RKR) (Entered: 05/03/2012) 2012-05-16 13:18:42 758ae50375bd39f9aa6df082f17471f2ded55706
2012-06-08 43 0 Joint MOTION to Approve Settlement by All Parties. (Attachments: # 1 Exhibit Settlement Agreement)(Berke, Bill) (Entered: 06/08/2012)
2012-06-12 44 0 ORDER denying 43 Motion to Approve Settlement. Signed by Judge John E. Steele on 6/12/2012. (RKR) (Entered: 06/12/2012) 2012-06-28 21:36:31 c5b410cb58600f621799520a558390c026530bd6
2012-06-20 45 0 CERTIFICATE of readiness re: 40 Notice of appeal. ROA consists of: volume of pleadings: 1 USCA number: 12-11466 (kma) (Entered: 06/20/2012)
2012-07-09 46 0 ORDER of USCA granting motion to dismiss as to 40 Notice of appeal filed by Lisa Gilliam. EOD: 07/09/12; USCA number: 12-11466-D. (slp) (Entered: 07/18/2012)