Case details

Court: med
Docket #: 2:10-cv-00442
Case Name: JOHNSON et al v. VCG HOLDING CORPORATION
PACER case #: 40351
Date filed: 2010-10-27
Date terminated: 2012-03-22
Assigned to: JUDGE JOHN A. WOODCOCK, JR
Referred to: MAGISTRATE JUDGE JOHN H. RICH III
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
ERNEST E JOHNSON, III
Plaintiff
DONALD F. FONTAINE
LAW OFFICE OF DONALD F. FONTAINE 97 INDIA STREET PO BOX 7590 PORTLAND, ME 04112 (207) 879-1300 Email: dff@fontainelaw.com
ATTORNEY TO BE NOTICED

BRIAN S PRINDLE
Plaintiff
DONALD F. FONTAINE
(See above for address)
ATTORNEY TO BE NOTICED

VCG HOLDING CORPORATION
Defendant
ALLAN S. RUBIN
JACKSON LEWIS LLP 2000 TOWN CENTER SUITE 1650 SOUTHFIELD, MI 48075 248-936-1900 Fax: 248-936-1901 Email: rubina@jacksonlewis.com
ATTORNEY TO BE NOTICED

MATTHEW D. FREEMAN
JACKSON LEWIS LLP 75 PARK PLAZA, 4TH FLOOR BOSTON, MA 02116 (617) 367-0025 Fax: (617) 367-2155 Email: freemandm@jacksonlewis.com
ATTORNEY TO BE NOTICED

PAUL DECAMP
JACKSON LEWIS LLP 10701 PARKRIDGE BLVD SUITE 300 RESTON, VA 20191 703-483-8305 Email: decampp@jacksonlewis.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-10-27 1 0 COMPLAINT against VCG HOLDING CORPORATION with Jury Demand IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE. (Service of Process Deadline 2/24/2011) (Attachments: # 1 Johnson consent, # 2 Prindle consent)(bfa) (Entered: 10/28/2010) 2011-05-12 17:27:43 fbe3a1f867635ad37c660ca6e51a55d8c1d6fa83
1 1 Johnson consent
1 2 Prindle consent
2010-10-27 2 0 CIVIL COVER SHEET. (bfa) (Entered: 10/28/2010)
2010-10-28 3 0 Summons Issued as to VCG HOLDING CORPORATION. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) (Entered: 10/28/2010)
2010-11-12 4 0 ACKNOWLEDGEMENT OF SERVICE Executed as to VCG HOLDING CORPORATION served on 11/8/2010 AGREED TO ANSWER IN 30DAYS. (FONTAINE, DONALD) (Entered: 11/12/2010)
2010-12-09 5 0 ANSWER to 1 Complaint,, with Jury Demand by VCG HOLDING CORPORATION.(FREEMAN, MATTHEW) (Entered: 12/09/2010)
2010-12-09 6 0 CERTIFICATION for Admission Pro Hac Vice of Allan S. Rubin filed by MATTHEW D. FREEMAN on behalf of VCG HOLDING CORPORATION (Total admission fee $ 100 receipt number 0100-790149.) (FREEMAN, MATTHEW) (Entered: 12/09/2010)
2010-12-09 7 0 CERTIFICATION for Admission Pro Hac Vice of Paul DeCamp filed by MATTHEW D. FREEMAN on behalf of VCG HOLDING CORPORATION (Total admission fee $ 100 receipt number 0100-790151.) (FREEMAN, MATTHEW) (Entered: 12/09/2010)
2010-12-09 8 0 MOTION to Change Venue to District of Colorado with Incorporated Memorandum of Law by VCG HOLDING CORPORATION Responses due by 12/30/2010. (Attachments: # 1 Deshoulieres, S.A. v. Cuthbertson Imps., Inc., # 2 Ingram v. Family Dollar Stores of Ala., Inc., # 3 Earley v. BJs Wholesale Club, Inc., # 4 Dole v Diversified Collection Servs., # 5 Coen v. Hoffmann-La Roche, # 6 Montgomery v. TAP Enters., # 7 In re Amoskeag Bank Shares, Inc. Litigation, # 8 Declaration of Micheal Ocello (See pdf 10 ), # 9 Declaration of Marlene Danner, # 10 2009 Judicial Caseload Profile Report for the District of Maine, # 11 2009 Judicial Caseload Profile Report for the District of Colorado)(FREEMAN, MATTHEW) Modified on 12/13/2010 to add link to #10 (err). (Entered: 12/09/2010)
2010-12-10 9 0 SCHEDULING ORDER: Discovery due by 5/13/2011. Motions due by 6/3/2011. Ready for Trial on 9/6/2011. By MAGISTRATE JUDGE JOHN H. RICH III. (jlg) (Entered: 12/10/2010)
2010-12-10 10 0 ADDITIONAL ATTACHMENTS filed by VCG HOLDING CORPORATION re 8 Motion to Change Venue,,. Main Document: Attachment #8 Declaration of Micheal Ocello, Exhibits to attachment #8. (Attachments: # 1 Exhibit A (Purchase Agreement), # 2 Exhibit B (Ken Kev Licenses))(FREEMAN, MATTHEW) Modified on 12/13/2010 to clarify text (err). (Entered: 12/10/2010)
2010-12-10 11 0 CORPORATE DISCLOSURE STATEMENT by VCG HOLDING CORPORATION. (FREEMAN, MATTHEW) (Entered: 12/10/2010)
2010-12-15 12 0 MOTION to Extend Time January 7, 2011 to respond to Motion to Transfer Venue by ERNEST E JOHNSON, III, BRIAN S PRINDLE Responses due by 1/5/2011. (FONTAINE, DONALD) (Entered: 12/15/2010)
2010-12-15 13 0 ORDER granting without objection 12 Motion to Extend Time. The plaintiffs' deadline to file their opposition to the defendant's motion to transfer venue, Docket No. 8, is extended to January 7, 2011. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 12/15/2010)
2011-01-04 14 0 RESPONSE to Motion re 8 MOTION to Change Venue to District of Colorado filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE. Reply due by 1/18/2011. (FONTAINE, DONALD) (Entered: 01/04/2011)
2011-01-14 15 0 REPLY to Response to Motion re 8 MOTION to Change Venue to District of Colorado filed by VCG HOLDING CORPORATION. (FREEMAN, MATTHEW) (Entered: 01/14/2011)
2011-01-28 16 0 MOTION to Amend 1 Complaint,, by ERNEST E JOHNSON, III, BRIAN S PRINDLE Responses due by 2/18/2011. (Attachments: # 1 Exhibit- Proposed Amended Complaint)(FONTAINE, DONALD) Modified on 1/28/2011 to add attachment name (jlg). (Entered: 01/28/2011)
2011-02-03 17 0 MOTION to Certify Class by ERNEST E JOHNSON, III, BRIAN S PRINDLE Responses due by 2/24/2011. (Attachments: # 1 Declaration of Ernest Johnson, # 2 Declaration of Max Van Dorn, # 3 Declaration of Brian S. Prindle, # 4 SEALED Exhibit W-2, # 5 SEALED Exhibit W-2, # 6 Declaration of Nichole F. Van Dorn, # 7 Exhibit annual report on the 10-K for VCG)(FONTAINE, DONALD) Modified on 2/3/2011 to add descriptions of attachments (jgw). (Entered: 02/03/2011)
2011-02-04 18 0 ADDITIONAL ATTACHMENTS filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE re 17 Motion to Certify Class, Collective action 29 CFR 216(b). Main Document: Redacted w-2 of plaintff Prindle 2008. (Attachments: # 1 Redacted W-2 of Plaintiff Prindle 2009)(FONTAINE, DONALD) (Entered: 02/04/2011)
2011-02-07 19 0 MOTION to Seal attachments of affidavit of Plaintiff Prindle by ERNEST E JOHNSON, III, BRIAN S PRINDLE Responses due by 2/28/2011. (FONTAINE, DONALD) Modified on 2/7/2011 to unseal (jlg). (Entered: 02/07/2011)
2011-02-07 20 0 ORDER granting 19 Motion to Seal. The exhibits to the affidavit of Brian Prindle, Docket Nos. 17-4 and 17-5, are hereby sealed because they contain personal identifier information. Redacted copies of the exhibits have been filed as Docket No. 18. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/07/2011)
2011-02-18 21 0 RESPONSE to Motion re 16 MOTION to Amend 1 Complaint,, filed by VCG HOLDING CORPORATION. Reply due by 3/4/2011. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1 - Kreidler v. Pixler, 2010 U.S. Dist. LEXIS 49076 (W.D. Wash. Apr. 15,, # 3 Exhibit 2 - Ichile v. City of Chicago, 1999 U.S. Dist. LEXIS 19917 (N.D. Ill. Dec. 27,, # 4 Exhibit 3 - Desimone v. Allstate Ins. Co., 1999 U.S. Dist. LEXIS 20059 (N.D. Cal., # 5 Exhibit 4 - Antilles Ins. v. James, 1994 U.S. Dist. LEXIS 9623 (D.V.I. 1994))(RUBIN, ALLAN) (Entered: 02/18/2011)
2011-02-24 22 0 RESPONSE in Opposition re 17 MOTION to Certify Class and to Facilitate Court-Approved Notice Under 29 U.S.C. ยง 216(b) filed by VCG HOLDING CORPORATION. Reply due by 3/10/2011. (Attachments: # 1 Exhibit A-part 1 - Allan Rubin Declaration w/Exhibits 1-10, # 2 Exhibit A-part 2 - Allan Rubin Declaration w/Exhibits 11-20 , # 3 Exhibit B-Responses to Interrogatories, # 4 Exhibit C-Declaration of Paul Clement w/Exhibits 1-5, # 5 Exhibit D - Fraser v Pears case, # 6 Exhibit E-Pfohl v Farmers Ins. case)(RUBIN, ALLAN) Modified on 2/28/2011 to remove duplicative attachment descriptions (jgw). (Entered: 02/24/2011)
2011-03-01 23 0 ORDER denying 8 Motion to Change Venue. By JUDGE JOHN A. WOODCOCK, JR. (MFS) (Entered: 03/01/2011)
2011-03-04 24 0 REPLY to Response to Motion re 16 MOTION to Amend 1 Complaint,, filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE. (FONTAINE, DONALD) (Entered: 03/04/2011)
2011-03-08 25 0 ORDER granting 16 Motion to Amend. The fact that the proposed amendment may delete from the complaint an admission against interest by the plaintiffs does not mean that the amendment should not be allowed at this early stage of the litigation. The defendant's request that it be permitted to introduce the original complaint as evidence at trial, Docket No. 21 at 7-8, should be addressed to the trial judge at an appropriate time rather than being determined at this stage of the proceeding. This ruling is without prejudice to the defendant's ability so to raise the request. REMINDER: After entry of this Order, counsel for the plaintiffs shall separately file the AMENDED COMPLAINT document as a separate filing on the court's docket. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 03/08/2011)
2011-03-09 26 0 AMENDED COMPLAINT against VCG HOLDING CORPORATION, filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE. (Service of Process Deadline 7/7/2011)(FONTAINE, DONALD) (Entered: 03/09/2011)
2011-03-10 27 0 REPLY to Response to Motion re 17 MOTION to Certify Class filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE. (Attachments: # 1 Exhibit Defendant's Answer to Plaintiffs' Request for Production 25)(FONTAINE, DONALD) (Entered: 03/10/2011)
2011-04-28 28 0 Minute Entry for proceedings held before MAGISTRATE JUDGE MARGARET J. KRAVCHUK: Discovery Hearing held. Report to follow. (Court Reporter: FTR) (CWP) (Entered: 04/28/2011)
2011-04-28 29 0 REPORT OF TELEPHONE CONFERENCE AND ORDER. Amends the existing Scheduling Order: Discovery due by 6/1/2011. Motions due by 6/22/2011. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (CWP) (Entered: 04/28/2011)
2011-05-05 30 0 ***Refiled at 32 *** Consent MOTION for Confidentiality Order by VCG HOLDING CORPORATION Responses due by 5/26/2011. (Attachments: # 1 Exhibit Acknowledgment and Agreement to be Bound to Confidentiality Order)(RUBIN, ALLAN) Modified on 5/6/2011 to indicate refiled (jlg). (Entered: 05/05/2011)
2011-05-06 31 0 ***See 32 for Corrected Motion*** Consent MOTION for Confidentiality Order by VCG HOLDING CORPORATION Responses due by 5/27/2011. (RUBIN, ALLAN) Modified on 5/9/2011 to refer to docket entry 32 (jlg). (Entered: 05/06/2011)
2011-05-06 32 0 Consent MOTION for Confidentiality Order (Corrected to Include Exhibit) by VCG HOLDING CORPORATION Responses due by 5/27/2011. (Attachments: # 1 Text of Proposed Order)(RUBIN, ALLAN) (Entered: 05/06/2011)
2011-05-10 33 0 ORDER granting 32 Motion for Confidentiality Order By MAGISTRATE JUDGE JOHN H. RICH III. (jlg) (Entered: 05/10/2011)
2011-05-10 34 0 CONFIDENTIALITY ORDER By MAGISTRATE JUDGE JOHN H. RICH III. (jlg) (Entered: 05/10/2011)
2011-05-27 35 0 Joint Letter MOTION to Amend Scheduling Order by ERNEST E JOHNSON, III, BRIAN S PRINDLE, VCG HOLDING CORPORATION Responses due by 6/17/2011. (FONTAINE, DONALD) Modified on 5/31/2011 to clean-up docket text (jgw). (Entered: 05/27/2011)
2011-05-31 36 0 NOTICE of Hearing on Motion 35 MOTION to Amend Scheduling Order : Telephone Conference set for 6/2/2011 at 01:30 PM (EST) before MAGISTRATE JUDGE JOHN H. RICH III. Attorney DONALD F. FONTAINE will initiate the telephone call to counsel and the Court.(dfr) (Entered: 05/31/2011)
2011-06-02 37 0 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Telephone Conference held on Docket No. 35; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) (Entered: 06/02/2011)
2011-06-02 38 0 REPORT OF HEARING AND ORDER RE: SCEHDULE granting in part 35 Motion to Amend Scheduling Order By MAGISTRATE JUDGE JOHN H. RICH III. (jgw) (Entered: 06/02/2011)
2011-07-25 39 0 ORDER dismissing without prejudice 17 Motion to Certify Class. By JUDGE JOHN A. WOODCOCK, JR. (MFS) (Entered: 07/25/2011)
2011-07-28 40 0 NOTICE of Hearing: Telephone Conference re: Motion to Amend Scheduling Order #35 Per Report and Order #38 filed on 6/2/2011 set for 8/2/2011 at 1:00 PM with MAGISTRATE JUDGE JOHN H. RICH III. Attorney Fontaine to initiate the call to chambers with counsel for the defendant on the line. (nrg) (Entered: 07/28/2011)
2011-08-02 41 0 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Telephone Conference held re: status; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) (Entered: 08/02/2011)
2011-08-02 42 0 REPORT OF CONFERENCE OF COUNSEL AND ORDER, Motions due by 8/12/2011. By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 08/02/2011)
2011-08-12 43 0 MOTION to Compel Production of List of Employees by ERNEST E JOHNSON, III, BRIAN S PRINDLE Responses due by 9/2/2011. (Attachments: # 1 Declaration of Ernest Johnson, # 2 Declaration of Brian Prindle)(FONTAINE, DONALD) Modified on 8/12/2011 to remove extra text (jlg). (Entered: 08/12/2011)
2011-08-12 44 0 MOTION for Summary Judgment Partial by ERNEST E JOHNSON, III, BRIAN S PRINDLE Responses due by 9/2/2011. (Attachments: # 1 Appendix U.S.DOL Opinion Letter, # 2 Appendix U.S.DOL Field Operations Handbook)(FONTAINE, DONALD) (Entered: 08/12/2011)
2011-08-12 45 0 STATEMENT OF FACT in support of plaintiffs motion for partial summary judgment by ERNEST E JOHNSON, III, BRIAN S PRINDLE. (Attachments: # 1 Exhibit Deposition of Paul Clement)(FONTAINE, DONALD) (Entered: 08/12/2011)
2011-08-12 46 0 MOTION for Summary Judgment by VCG HOLDING CORPORATION Responses due by 9/2/2011. (RUBIN, ALLAN) (Entered: 08/12/2011)
2011-08-12 47 0 STATEMENT OF FACT in Support of its Motion for Summary Judgment by VCG HOLDING CORPORATION. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Supplemental Declaration of Michael Ocello, # 3 Exhibit B - Excerpts of Paul Clement Deposition, # 4 Exhibit C - Excerpts of Brian Prindle Deposition, # 5 Exhibit D - Excerpts of Ernest Johnson Deposition)(RUBIN, ALLAN) Modified on 8/15/2011 to remove duplicative attachment descriptions (jgw). (Entered: 08/12/2011)
2011-09-02 48 0 RESPONSE in Opposition re 43 MOTION to Compel Production of List of Employees filed by VCG HOLDING CORPORATION. Reply due by 9/16/2011. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Albanil v. Coast 2 Coast, Inc., # 3 Exhibit B - Pfohl v. Farmers Ins. Group., # 4 Exhibit C - Brouder v. Presdential Fin. Inc., # 5 Exhibit D - Stickle v. SCI Western Mkt. Support Cir, # 6 Exhibit E - Taylor v. CompUSA, Inc., # 7 Exhibit F - Whitehorn v. Wolfgang's Steakhouse, Inc., # 8 Exhibit G - Fei v. WestLB AG, # 9 Exhibit H - Plaintiff's' First Set of Interrogatories to Defendant, # 10 Exhibit I - Plaintiffs' First Rquest for Produce to Defendant)(RUBIN, ALLAN) Modified on 9/2/2011 to remove duplicative attachment descriptions (jgw). (Entered: 09/02/2011)
2011-09-07 49 0 REPLY to Response to Motion re 43 MOTION to Compel Production of List of Employees filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE. (FONTAINE, DONALD) (Entered: 09/07/2011)
2011-09-15 50 0 RESPONSE in Opposition re 46 MOTION for Summary Judgment filed by ERNEST E JOHNSON, III, BRIAN S PRINDLE. Reply due by 9/29/2011. (FONTAINE, DONALD) (Entered: 09/15/2011)
2011-09-15 51 0 RESPONSE to Statement of Fact with Statement of Additional Facts by ERNEST E JOHNSON, III, BRIAN S PRINDLE. (Attachments: # 1 Exhibit Collection of E-Mails, # 2 Deposition Transcript, # 3 Exhibit Letter of Defendant's former Counsel, # 4 Exhibit Licenses from the State of Maine, # 5 Exhibit Defendant's Orientation Form, # 6 Deposition of Plaintiff Johnson, # 7 Deposition of Plaintiff Prindle)(FONTAINE, DONALD) Modified on 9/16/2011 to correct event type (jlg). (Entered: 09/15/2011)
2011-09-16 52 0 RESPONSE in Opposition re 44 MOTION for Summary Judgment Partial filed by VCG HOLDING CORPORATION. Reply due by 9/30/2011. (Attachments: # 1 Exhibit Ex A- Unpublished cases)(RUBIN, ALLAN) (Entered: 09/16/2011)
2011-09-16 53 0 RESPONSE to Statement of Fact with Statement of Additional Facts filed by VCG HOLDING CORPORATION. (RUBIN, ALLAN) Modified on 9/16/2011 to indicate this is a response (jlg). (Entered: 09/16/2011)
2011-09-22 54 0 MOTION for Leave to Adopt Response #50 as Reply to #44 and Adopt Responsive Statement of Fact #51 as Reply to Additional Facts in #53 by ERNEST E JOHNSON, III, BRIAN S PRINDLE Responses due by 10/13/2011. (FONTAINE, DONALD) Modified on 9/23/2011 to clarify docket text (jgw). (Entered: 09/22/2011)
2011-09-23 55 0 ORDER granting without objection 54 Motion for Leave to File abbreviated reply. The plaintiffs' response [Docket No. 50] to defendant's motion for summary judgment [Docket No. 46] shall also constitute the plaintiffs' reply to defendant's response [Docket No. 52] to the plaintiffs' motion for partial summary judgment [Docket No. 44], and the plaintiffs' statement of material facts [Docket No. 51] responding to defendant's statement of material facts [Docket No. 47] shall also constitute the plaintiffs' reply to defendant's response to statement of fact [Docket No. 53]. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/23/2011)
2011-09-30 56 0 REPLY to Response to Motion re 46 MOTION for Summary Judgment filed by VCG HOLDING CORPORATION. (RUBIN, ALLAN) (Entered: 09/30/2011)
2011-09-30 57 0 REPLY TO ADDITIONAL Statement of Fact filed by VCG HOLDING CORPORATION. (RUBIN, ALLAN) Modified on 9/30/2011 to clean up text (mlm). (Entered: 09/30/2011)
2011-10-07 58 0 MEMORANDUM DECISION denying 43 Motion to Compel Production By MAGISTRATE JUDGE JOHN H. RICH III. (jlg) (Entered: 10/07/2011)
2011-10-19 59 0 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ERNEST E JOHNSON, III, BRIAN S PRINDLE re 58 Order on Motion to Compel. Responses due by 11/7/2011. (FONTAINE, DONALD) (Entered: 10/19/2011)
2011-10-27 60 0 RESPONSE to 59 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ERNEST E JOHNSON, III, BRIAN S PRINDLE re 58 Order on Motion to Compel. filed by VCG HOLDING CORPORATION. (RUBIN, ALLAN) (Entered: 10/27/2011)
2012-03-09 61 0 ORDER denying 44 Plaintiffs' Motion for Summary Judgment; granting in part and dismissing in part 46 Defendant's Motion for Summary Judgment; dismissing as moot 59 Plaintiffs' Appeal from Magistrate Judge Decision to District Court. By JUDGE JOHN A. WOODCOCK, JR. (MFS) (Entered: 03/09/2012) 2012-03-10 08:33:36 7045812fbd077dd35d5debca15b0614a658d7e8a
2012-03-22 62 0 JUDGMENT in favor of Defendant against Plaintiffs By Walentine, DEPUTY CLERK. (jgw) (Entered: 03/22/2012)