| Court: | nynd |
| Docket #: | 5:11-cv-01441 |
| Case Name: | Gardner v. KMart Corporation, et al |
| PACER case #: | 87641 |
| Date filed: | 2011-12-09 |
| Assigned to: | Senior Judge Thomas J. McAvoy |
| Referred to: | US Magistrate Judge Andrew T. Baxter |
| Case Cause: | 28:1331 Fed. Question: Fair Labor Standards |
| Nature of Suit: | 790 Labor: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Edward Gardner Plaintiff On behalf of themselves and all others similarly situated |
Peter J. Glennon Matthew E. Osman Michael J. Redenburg |
| Mary Jo Ceratt Plaintiff On behalf of themselves and all others similarly situated TERMINATED: 05/04/2012 |
Matthew E. Osman Michael J. Redenburg |
| KMart Corporation of Illinois, Inc. Defendant TERMINATED: 02/21/2012 |
Andrew J. Voss Erin W. Smith James J. Oh Subhash Viswanathan |
| Kmart Management Corporation Defendant TERMINATED: 02/21/2012 |
Andrew J. Voss Erin W. Smith James J. Oh Subhash Viswanathan |
| Kmart Holding Corporation Defendant TERMINATED: 02/21/2012 |
Andrew J. Voss Erin W. Smith James J. Oh Subhash Viswanathan |
| Sears Holdings Management Corporation Defendant TERMINATED: 02/21/2012 |
Andrew J. Voss Erin W. Smith James J. Oh Subhash Viswanathan |
| Kmart Corporation Defendant |
Anne Marie Estevez James P. Walsh Sharon A. Lisitzky Amanda H. Suchecki Andrew J. Voss Erika Dillon Erin W. Smith James J. Oh Jason E. Barsanti Justin R. Marino Paul R. Garry Subhash Viswanathan |
| Sears Holdings Corporation Defendant |
Anne Marie Estevez James P. Walsh Sharon A. Lisitzky James J. Oh Justin R. Marino |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-12-09 | 1 | 0 | COMPLAINT against KMart Corporation of Illinois, Inc., Kmart Holding Corporation, Kmart Management Corporation, Sears Holdings Management Corporation (Filing fee $350 receipt number 2041734) filed by Edward Gardner, Mary Jo Ceratt. (Attachments: # 1 Civil Cover Sheet)(sfp, ) (Main Document 1 replaced on 12/16/2011) (wbl, ). (Entered: 12/12/2011) | 2013-08-09 16:56:12 | 3cbfba1e42f5427c73a6a1367c76143fdf762b7b | |
| 1 | 1 | Civil Cover Sheet | ||||
| 2011-12-12 | 2 | 0 | G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 4/3/2012 at 02:00 PM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan due by 3/20/2012. (sfp, ) (Entered: 12/12/2011) | |||
| 2011-12-12 | 3 | 0 | Summons Issued as to KMart Corporation of Illinois, Inc., Kmart Holding Corporation, Kmart Management Corporation, Sears Holdings Management Corporation. (Attachments: # 1 summons, # 2 summons, # 3 summons)(sfp, ) (Entered: 12/12/2011) | |||
| 2012-01-04 | 4 | 0 | MOTION for Limited Admission Pro Hac Vice of Matthew Edward Osman Filing fee $100, receipt number 0206-2060938. filed by Mary Jo Ceratt, Edward Gardner. Motions referred to Andrew T. Baxter. (Redenburg, Michael) (Entered: 01/04/2012) | |||
| 2012-01-06 | 5 | 0 | ORDER granting 4 Motion for Limited Admission Pro Hac Vice of Matthew E. Osman, Esq. Signed by US Magistrate Judge Andrew T. Baxter on 1/5/2012. (amt) (Entered: 01/06/2012) | |||
| 2012-01-11 | 6 | 0 | AFFIDAVIT of Service for Summons, Class Action Complaint, General Order 25, Petition for Admission to Practice, Civil Cover Sheet served on SEARS Holdings Management Corp. on 01/10/2012, filed by Mary Jo Ceratt, Edward Gardner. (Redenburg, Michael) (Entered: 01/11/2012) | |||
| 2012-01-17 | 7 | 0 | NOTICE of Appearance by Matthew E. Osman on behalf of All Plaintiffs (Osman, Matthew) (Entered: 01/17/2012) | |||
| 2012-01-18 | 8 | 0 | SUMMONS Returned Executed by Edward Gardner, Mary Jo Ceratt. KMart Corporation of Illinois, Inc. served on 1/10/2012, answer due 1/31/2012. (Redenburg, Michael) (Entered: 01/18/2012) | |||
| 2012-01-18 | 9 | 0 | SUMMONS Returned Executed by Edward Gardner, Mary Jo Ceratt. Kmart Management Corporation served on 1/13/2012, answer due 2/3/2012. (Redenburg, Michael) (Entered: 01/18/2012) | |||
| 2012-01-18 | 10 | 0 | SUMMONS Returned Executed by Edward Gardner, Mary Jo Ceratt. Kmart Holding Corporation served on 1/13/2012, answer due 2/3/2012. (Redenburg, Michael) (Entered: 01/18/2012) | |||
| 2012-01-31 | 11 | 0 | NOTICE of Appearance by Subhash Viswanathan on behalf of All Defendants (Viswanathan, Subhash) (Entered: 01/31/2012) | |||
| 2012-01-31 | 12 | 0 | Letter Motion from Subhash Viswanathan for KMart Corporation of Illinois, Inc., Kmart Holding Corporation, Kmart Management Corporation, Sears Holdings Management Corporation requesting extension of time to answer, move, or otherwise respond to the complaint submitted to Judge Andrew T. Baxter . (Viswanathan, Subhash) (Entered: 01/31/2012) | |||
| 2012-02-21 | 13 | 0 | AMENDED COMPLAINT against Kmart Corporation filed by Edward Gardner, Mary Jo Ceratt.(Redenburg, Michael) (Entered: 02/21/2012) | |||
| 2012-02-22 | 14 | 0 | NOTICE of Appearance by Subhash Viswanathan on behalf of Kmart Corporation (Viswanathan, Subhash) (Entered: 02/22/2012) | |||
| 2012-02-22 | 15 | 0 | MOTION for Limited Admission Pro Hac Vice of Erika Dillon Filing fee $100, receipt number 0206-2111290. filed by Kmart Corporation. (Attachments: # 1 Petition for Admission to Practice, # 2 Affidavit of Sponsor, # 3 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Viswanathan, Subhash) (Entered: 02/22/2012) | |||
| 2012-02-22 | 16 | 0 | MOTION for Limited Admission Pro Hac Vice of Paul R. Garry Filing fee $100, receipt number 0206-2111359. filed by Kmart Corporation. (Attachments: # 1 Petition for Admission to Practice, # 2 Affidavit of Sponsor, # 3 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Viswanathan, Subhash) (Entered: 02/22/2012) | |||
| 2012-02-22 | 17 | 0 | MOTION for Limited Admission Pro Hac Vice of Amanda H. Suchecki Filing fee $100, receipt number 0206-2111380. filed by Kmart Corporation. (Attachments: # 1 Petition for Admission to Practice, # 2 Affidavit of Sponsor, # 3 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Viswanathan, Subhash) (Entered: 02/22/2012) | |||
| 2012-02-22 | 18 | 0 | MOTION for Limited Admission Pro Hac Vice of Jason E. Barsanti Filing fee $100, receipt number 0206-2111402. filed by Kmart Corporation. (Attachments: # 1 Petition for Admission to Practice, # 2 Affidavit of Sponsor, # 3 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Viswanathan, Subhash) (Entered: 02/22/2012) | |||
| 2012-02-27 | 19 | 0 | ORDER granting 15 Motion for Limited Admission Pro Hac Vice of Erika Dillon, Esq. Signed by US Magistrate Judge Andrew T. Baxter on 2/24/2012. (amt) (Entered: 02/27/2012) | |||
| 2012-02-27 | 20 | 0 | ORDER granting 16 Motion for Limited Admission Pro Hac Vice of Paul Garry, Esq. Signed by US Magistrate Judge Andrew T. Baxter on 2/24/2012. (amt) (Entered: 02/27/2012) | |||
| 2012-02-27 | 21 | 0 | ORDER granting 17 Motion for Limited Admission Pro Hac Vice of Amanda Suchecki, Esq. Signed by US Magistrate Judge Andrew T. Baxter on 2/24/2012. (amt) (Entered: 02/27/2012) | |||
| 2012-02-27 | 22 | 0 | ORDER granting 18 Motion for Limited Admission Pro Hac Vice of Jason Barsanti, Esq. Signed by US Magistrate Judge Andrew T. Baxter on 2/24/2012. (amt) (Entered: 02/27/2012) | |||
| 2012-03-05 | 23 | 0 | Letter Motion from Subhash Viswanathan for Kmart Corporation requesting Extension of time for the defendant to answer, move, or otherwise respond to the amended complaint be extended through March 23, 2012 submitted to Judge Andrew T. Baxter . (Attachments: # 1 Proposed Stipulation)(Viswanathan, Subhash) (Entered: 03/05/2012) | |||
| 2012-03-05 | 24 | 0 | (Resubmitting as previous Letter Motion and Stipulation filed today filed incorrectly) Letter Motion from Subhash Viswanathan for Kmart Corporation requesting Extension of time for the defendant to answer, move, or otherwise respond to the amended complaint be extended through March 23, 2012 submitted to Judge Andrew T. Baxter . (Attachments: # 1 Proposed Stipulation)(Viswanathan, Subhash) (Entered: 03/05/2012) | |||
| 2012-03-06 | 25 | 0 | ORDER: terminating the # 23 Letter Request, granting the # 24 Letter Request, Kmart Corporation's answer deadline extended to 3/23/2012. Signed by US Magistrate Judge Andrew T. Baxter on 3/6/2012. (jmb) (Entered: 03/06/2012) | |||
| 2012-03-07 | 26 | 0 | MOTION for Limited Admission Pro Hac Vice of James J. Oh Filing fee $100, receipt number 0206-2125559. filed by KMart Corporation of Illinois, Inc., Kmart Corporation, Kmart Holding Corporation, Kmart Management Corporation, Sears Holdings Management Corporation. (Attachments: # 1 Affidavit of Sponsor, Erin W. Smith, # 2 Verified Petition of James J. Oh, # 3 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Smith, Erin) (Entered: 03/07/2012) | |||
| 2012-03-08 | 27 | 0 | ORDER granting 26 Motion for Limited Admission Pro Hac Vice of James J. Oh, Esq. Signed by US Magistrate Judge Andrew T. Baxter on 3/8/2012. (amt) (Entered: 03/08/2012) | |||
| 2012-03-15 | 28 | 0 | MOTION for Limited Admission Pro Hac Vice of Andrew J. Voss Filing fee $100, receipt number 0206-2132786. filed by KMart Corporation of Illinois, Inc., Kmart Corporation, Kmart Holding Corporation, Kmart Management Corporation, Sears Holdings Management Corporation. (Attachments: # 1 Verified Petition of Andrew J. Voss, # 2 Affidavit of Sponsor Erin W. Smith, # 3 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Smith, Erin) (Entered: 03/15/2012) | |||
| 2012-03-16 | 29 | 0 | ORDER granting Defts' 28 Motion for Limited Admission Pro Hac Vice of Andrew Voss, Esq. Signed by US Magistrate Judge Andrew T. Baxter on 3/16/2012. (amt) (Entered: 03/16/2012) | |||
| 2012-03-23 | 30 | 0 | CIVIL CASE MANAGEMENT PLAN by Mary Jo Ceratt, Edward Gardner. (Osman, Matthew) (Entered: 03/23/2012) | |||
| 2012-03-23 | 31 | 0 | FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Kmart Corporation identifying Corporate Parent Kmart Holding Corporation, Corporate Parent Sears Holdings Corporation for Kmart Corporation.. (Attachments: # 1 Affidavit of Service)(Oh, James) (Entered: 03/23/2012) | |||
| 2012-03-23 | 32 | 0 | ANSWER to 13 Amended Complaint by Kmart Corporation. (Attachments: # 1 Affidavit of Service)(Oh, James) (Entered: 03/23/2012) | |||
| 2012-03-26 | 33 | 0 | NOTICE of Appearance by Justin R. Marino on behalf of Kmart Corporation (Attachments: # 1 Affidavit of Service)(Marino, Justin) (Entered: 03/26/2012) | |||
| 2012-03-30 | 34 | 0 | STIPULATION AND CONSENT to Substitute Attorney filed by Kmart Corporation. (Attachments: # 1 Affidavit of Service) (Marino, Justin) Modified on 3/30/2012 to reflect this is not a motion(sfp, ). (Entered: 03/30/2012) | |||
| 2012-04-10 | 35 | 0 | UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days. Joinder of Parties due by 7/13/2012. Amended Pleadings due by 7/13/2012. Discovery due by 12/3/2012. Motions to be filed by 2/4/2013. Jury Trial Ready Deadline is 5/1/2013. Jury Trial set for 5/20/2013 at 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy. Signed by US Magistrate Judge Andrew T. Baxter on 4/10/2012. (jmb) (Entered: 04/10/2012) | |||
| 2012-04-11 | 36 | 0 | AMENDED UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties deadline 7/13/2012. Amended Pleadings due by 7/13/2012. Discovery due by 12/3/2012. Motions to be filed by 2/4/2013. Trial Ready deadline is 5/1/2013. Anticipated length of Bench Trial set for 5/20/2013 at 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy is 10 days. Signed by U.S. Magistrate Judge Andrew T. Baxter on 4/11/2012. {Amending the # 35 UPSO to reflect that this is a bench trial} (mae) (Entered: 04/11/2012) | |||
| 2012-05-01 | 37 | 0 | STIPULATION of Dismissal With Prejudice of Plaintiff Mary Jo Ceratt by Kmart Corporation submitted to Judge Thomas J. McAvoy. (Attachments: # 1 Affidavit of Service)(Marino, Justin) (Entered: 05/01/2012) | |||
| 2012-05-04 | 38 | 0 | STIPULATION AND ORDER OF DISMISSAL as to Mary Jo Ceratt. Signed by Senior Judge Thomas J. McAvoy on 5/3/12. (sfp, ) (Entered: 05/04/2012) | |||
| 2012-05-09 | 39 | 0 | CERTIFICATE OF SERVICE by Edward Gardner of Discovery Requests Propounded Upon Defendant Kmart Corporation (Osman, Matthew) (Entered: 05/09/2012) | |||
| 2012-05-15 | 40 | 0 | NOTICE by Edward Gardner CERTIFICATE OF SERVICE of Rule 26 Initial Disclosures Served Upon Defendant KMart Corporation (Redenburg, Michael) (Entered: 05/15/2012) | |||
| 2012-07-10 | 41 | 0 | Letter Motion from Defendant on behalf of the parties for Kmart Corporation requesting The Court Order the parties' confidentiality stipulation and protective order (see pg. 10) submitted to Judge Thomas J. McAvoy . (Attachments: # 1 Affidavit of Service of Confidentiality Stipulation and Protective Order)(Marino, Justin) (Entered: 07/10/2012) | |||
| 2012-07-10 | 42 | 0 | Letter Motion from Defendant on behalf of the parties for Kmart Corporation requesting extension of time to amend the pleadings and/or join additional parties submitted to Judge Magistrate Judge Baxter . (Attachments: # 1 Affidavit of Service of the parties' motion for an extension of time to amend the pleadings and/or join additional parties)(Marino, Justin) (Entered: 07/10/2012) | |||
| 2012-07-10 | 43 | 0 | Confidentiality Stipulation and Agreement and Protective Order: Setting forth the terms and conditions on the exchange and disclosure of confidential materials in this matter. Signed by U.S. Magistrate Judge Andrew T. Baxter on 7/10/2012. (mae) (Entered: 07/10/2012) | |||
| 2012-08-03 | 44 | 0 | MOTION by Edward Gardner for Leave to File Second Amended Complaint (Attachments: # 1 Exhibit(s) Ex. A - Osman Affidavit, # 2 Exhibit(s) Ex. B - 2nd Amended Complaint, # 3 Exhibit(s) Ex. C - Redlined 2nd Amended Complaint)(Osman, Matthew) Modified event type on 8/7/2012. (mae) (Entered: 08/03/2012) | |||
| 2012-08-17 | 45 | 0 | RESPONSE to Motion re 44 MOTION to Amend/Correct the Complaint filed by Kmart Corporation. (Attachments: # 1 Affidavit of Service)(Marino, Justin) (Entered: 08/17/2012) | |||
| 2012-08-22 | 46 | 0 | AMENDED COMPLAINT Second against Kmart Corporation, Sears Holdings Corporation filed by Edward Gardner.(Redenburg, Michael) (Entered: 08/22/2012) | |||
| 2012-09-05 | 47 | 0 | ANSWER to 46 Amended Complaint by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Affidavit of Service)(Marino, Justin) (Entered: 09/05/2012) | |||
| 2012-09-06 | 48 | 0 | NOTICE of Appearance by Justin R. Marino on behalf of Sears Holdings Corporation (Attachments: # 1 Affidavit of Service)(Marino, Justin) (Entered: 09/06/2012) | |||
| 2012-09-06 | 49 | 0 | NOTICE of Appearance by James J. Oh on behalf of Sears Holdings Corporation (Attachments: # 1 Affidavit of Service)(Oh, James) (Entered: 09/06/2012) | |||
| 2013-02-04 | 50 | 0 | Letter Motion from Plaintiff on behalf of the parties requesting extension of the current phase one discovery and motion deadlines for Edward Gardner requesting Extending the current phase one discovery and motion deadlines submitted to Judge Baxter . (Redenburg, Michael) (Entered: 02/04/2013) | |||
| 2013-03-06 | 51 | 0 | NOTICE of Appearance by Peter J. Glennon on behalf of Edward Gardner (Glennon, Peter) (Entered: 03/06/2013) | |||
| 2013-05-06 | 52 | 0 | Letter Motion for Edward Gardner requesting Extension of current discovery deadlines and scope of discovery . (Redenburg, Michael) (Entered: 05/06/2013) | |||
| 2013-05-07 | 53 | 0 | TEXT ORDER re 52 Letter Motion: The discovery deadline is stayed pending the telephonic conference set for 5/10/2013 at 11:30 a.m. The scope of discovery and the adjustment of the schedule will be addressed at the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/7/2013. (mae) (Entered: 05/07/2013) | |||
| 2013-05-09 | 54 | 0 | NOTICE of Appearance by James P. Walsh on behalf of Kmart Corporation, Sears Holdings Corporation (Walsh, James) (Entered: 05/09/2013) | |||
| 2013-05-09 | 55 | 0 | RESPONSE TO LETTER BRIEF filed by Kmart Corporation, Sears Holdings Corporation as to 52 Letter Request/Motion filed by Edward Gardner . (Walsh, James) (Entered: 05/09/2013) | |||
| 2013-05-10 | 56 | 0 | TEXT ORDER granting 52 Plaintiff's Letter Request to extend deadlines: "Phase I" discovery to be completed by 8/2/2013. The primary purpose of the extended discovery cutoff is for plaintiff to complete Fed. R. Civ. P. 30(b)(6) depositions, although reasonable follow-up suggested by those depositions is permissible. Substantive motions to be filed by 9/4/2013. Defendants' opposition to plaintiff's motion for class certification due by 9/25/13; any reply due by 10/16/2013. At the stenographically-recorded discovery conference conducted on 5/10/2013, the parties resolved several discovery disputes and the court provided guidance with respect to further negotiations regarding remaining issues. To the extent the parties cannot resolve remaining (or newly arising) discovery issues by the extended discovery cutoff, they are directed to request another telephone conference with the court before filing any non-dispositive motions. Signed by U.S. Magistrate Judge Andrew T. Baxter on 5/10/2013. (Baxter, Andrew) (Entered: 05/10/2013) | |||
| 2013-05-10 | 57 | 0 | TRANSCRIPT REQUEST by KMart Corporation of Illinois, Inc., Kmart Corporation, Kmart Holding Corporation, Kmart Management Corporation, Sears Holdings Corporation, Sears Holdings Management Corporation for proceedings held on 5/10/2013 before Judge Andrew T. Baxter.. (Walsh, James) (Entered: 05/10/2013) | |||
| 2013-05-13 | 58 | 0 | TRANSCRIPT REQUEST by Edward Gardner for proceedings held on May 10, 2013 before Judge Andrew T. Baxter.. (Redenburg, Michael) (Entered: 05/13/2013) | |||
| 2013-05-23 | 59 | 0 | STIPULATION AND CONSENT to Substitute Attorneys by Kmart Corporation, Sears Holdings Corporation submitted to Judge Thomas J. McAvoy. (Attachments: # 1 Affidavit of Service)(Marino, Justin) (Entered: 05/23/2013) | |||
| 2013-05-24 | 60 | 0 | TEXT ORDER approving the 59 stipulation of substitution of counsel. The law firm of Morgan, Lewis & Bockius LLP hereby replaces Littler Mendelson, P.C. as counsel of record on behalf of Kmart Corporation and Sears Holdings Corporation. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/24/2013. (Attorneys Erin W. Smith, Andrew J. Voss, Justin R. Marino and James J. Oh terminated from the docket; attorney James Walsh added to the doket.) (mae) (Entered: 05/24/2013) | |||
| 2013-05-24 | 61 | 0 | TRANSCRIPT of Proceedings: Telephonic Discovery Conference held on 5/10/2013 before Judge Andrew T. Baxter, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2013. Redacted Transcript Deadline set for 6/24/2013. Release of Transcript Restriction set for 8/22/2013. Notice of Intent to Redact due by 5/29/2013 (jlh, ) (Entered: 05/24/2013) | |||
| 2013-05-28 | 62 | 0 | MOTION FOR LEAVE TO COMPEL CLASS LIST AND DISCOVERY: Motion Hearing set for 6/27/2013 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter Response to Motion due by 6/10/2013 filed by Edward Gardner. (Attachments: # 1 Memorandum of Law, # 2 Affirmation, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I, # 12 Exhibit(s) J, # 13 Exhibit(s) K, # 14 Exhibit(s) L, # 15 Exhibit(s) M, # 16 Exhibit(s) N, # 17 Exhibit(s) O, # 18 Exhibit(s) P) Motions referred to Andrew T. Baxter. (Redenburg, Michael) Modified docket text on 5/29/2013. (mae) (Entered: 05/28/2013) | |||
| 2013-06-10 | 63 | 0 | RESPONSE in Opposition re 62 First MOTION for Discovery filed by Kmart Corporation, Sears Holdings Corporation. (Walsh, James) (Entered: 06/10/2013) | |||
| 2013-06-10 | 64 | 0 | AFFIDAVIT in Opposition re 62 First MOTION for Discovery filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14, # 15 Exhibit(s) 15, # 16 Exhibit(s) 16, # 17 Exhibit(s) 17, # 18 Exhibit(s) 18, # 19 Exhibit(s) 19)(Walsh, James) (Entered: 06/10/2013) | |||
| 2013-06-12 | 65 | 0 | Letter Motion from Plaintiff Requesting Leave to File Reply for Edward Gardner requesting Leave to File Reply submitted to Judge Andrew T. Baxter . (Redenburg, Michael) (Entered: 06/12/2013) | |||
| 2013-06-13 | 66 | 0 | TEXT ORDER granting plaintiff's 65 letter request seeking permission to file a reply to the 63 / 64 response. A reply, not to exceed 10 pages in length, may be filed on or before 6/20/2013. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/13/2013. (mae) (Entered: 06/13/2013) | |||
| 2013-06-20 | 67 | 0 | REPLY to Response to Motion re 62 First MOTION for Discovery filed by Edward Gardner. (Redenburg, Michael) (Entered: 06/20/2013) | |||
| 2013-07-02 | 68 | 0 | DECISION AND ORDER: Granting in part plaintiff's 62 Motion to Compel Class List and Discovery. Defense counsel is directed to produce information regarding the potential class members and discovery responses from the O'Toole matter as specifically outlined herein. Deadlines extended as follows: "Phase I" discovery to be completed by 10/4/2013. Deadline for filing a class certification motion or substantive motions is 11/8/2013 with responses due by 12/6/13; and any replies due by 12/20/2013. Signed by U.S. Magistrate Judge Andrew T. Baxter on 7/2/2013. (mae) (Entered: 07/02/2013) | |||
| 2013-09-05 | 69 | 0 | NOTICE of Change of Address by Matthew E. Osman Effective Date September 3, 2013 Old Address: 7930 Santa Fe Dr., Suite 100, Overland Park, KS 66204 New Address: 8500 W. 110th St., Suite 330, Overland Park, KS 66210 (Osman, Matthew) (Entered: 09/05/2013) | |||
| 2013-09-25 | 70 | 0 | Unopposed Letter Motion from Plainitff Requesting Deadline Extensions for Edward Gardner requesting Deadline Extensions submitted to Judge Andrew T. Baxter . (Redenburg, Michael) (Entered: 09/25/2013) | |||
| 2013-09-25 | 71 | 0 | TEXT ORDER granting the 70 letter request for an extension of deadlines. Deadlines extended as follows: "Phase I" discovery to be completed by 10/31/2013. Deadline for filing a class certification motion and substantive motions is 1/3/2014 with responses due by 1/31/14, and any replies due by 2/14/2014. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/25/2013. (mae) (Entered: 09/25/2013) | |||
| 2013-12-12 | 72 | 0 | MOTION for Limited Admission Pro Hac Vice of Anne Marie Estevez Filing fee $100, receipt number 0206-2787045. filed by Kmart Corporation, Sears Holdings Corporation. Motions referred to Andrew T. Baxter. (Walsh, James) (Entered: 12/12/2013) | |||
| 2013-12-12 | 73 | 0 | MOTION for Limited Admission Pro Hac Vice of Sharon A. Lisitzky Filing fee $100, receipt number 0206-2787046. filed by Kmart Corporation, Sears Holdings Corporation. Motions referred to Andrew T. Baxter. (Walsh, James) (Entered: 12/12/2013) | |||
| 2013-12-12 | 74 | 0 | MOTION for Summary Judgment filed by Kmart Corporation. (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Declaration of James P. Walsh, Jr., # 4 Exhibit(s) Exhibit 1 to the Declaration of James P. Walsh, Jr., # 5 Exhibit(s) 2 to the Declaration of James P. Walsh, Jr., # 6 Exhibit(s) Exhibit 3 to the Declaration of James P. Walsh, Jr., # 7 Declaration of Scott Glenn, # 8 Exhibit(s) Exhibit 1 to the Declaration of Scott Glenn, # 9 Exhibit(s) Exhibit 2 to the Declaration of Scott Glenn, # 10 Exhibit(s) Exhibit 3 to the Declaration of Scott Glenn, # 11 Exhibit(s) Exhibit 4 to the Declaration of Scott Glenn, # 12 Exhibit(s) Exhibit 5 to the Declaration of Scott Glenn, # 13 Exhibit(s) Exhibit 6 to the Declaration of Scott Glenn) (Walsh, James) (Entered: 12/13/2013) | |||
| 2013-12-16 | 75 | 0 | TEXT ORDER granting 72 Motion for Limited Admission Pro Hac Vice: Attorney Anne Marie Estevez is hereby admitted to practice in this action on behalf of Kmart Corporation and Sears Holdings Corporation. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/16/2013. (mae) (Entered: 12/16/2013) | |||
| 2013-12-16 | 76 | 0 | TEXT ORDER granting 73 Motion for Limited Admission Pro Hac Vice: Attorney Sharon A. Lisitzky is hereby admitted to practice in this action on behalf of Kmart Corporation and Sears Holdings Corporation. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/16/2013. (mae) (Entered: 12/16/2013) | |||
| 2014-01-03 | 77 | 0 | TEXT ORDER: Plaintiff has submitted, by e-mail, a proposed order sealing Plaintiff's Motion for Class Certification and all supporting papers. Such a sealing order may not be entered unless supported by an application that establishes that the requirements of Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) are met. Motions and supporting exhibits may not be sealed absent a specific showing that sealing is essential to preserve higher values outweighing any applicable common law and/or qualified First Amendment rights of public access to judicial documents, and is narrowly tailored to serve that interest. The Court acknowledges the receipt of the motion and supporting exhibits "A" through "O" on 1/3/2014, but will delay the filing of the motion on CM/ECF, pending resolution of this sealing matter. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/3/2014. (mae) (Entered: 01/03/2014) | |||
| 2014-01-03 | 78 | 0 | MOTION for Summary Judgment Motion Hearing set for 2/10/2014 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 1/24/2014 Reply to Response to Motion due by 1/30/2014. filed by Sears Holdings Corporation. (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Declaration of James P. Walsh, Jr., # 4 Exhibit(s) Exhibit 1 to the Declaration of James P. Walsh, Jr., # 5 Exhibit(s) Exhibit 2 to the Declaration of James P. Walsh, Jr., # 6 Declaration of Dorian Williams) (Walsh, James) (Entered: 01/03/2014) | |||
| 2014-01-03 | 79 | 0 | NOTICE by Edward Gardner Certificate of Service Plaintiff's Motion for Class Certification (Redenburg, Michael) (Entered: 01/03/2014) | |||
| 2014-01-06 | 80 | 0 | STIPULATION Joint Stipulation Requesting Order For Extension of Time by Kmart Corporation submitted to Judge Baxter. (Walsh, James) (Entered: 01/06/2014) | |||
| 2014-01-08 | 81 | 0 | TEXT ORDER granting 80 Stipulation to adjourn motions to 2/28/14 Motion Calendar. Authorized by Senior Judge Thomas J. McAvoy on 1/8/14. (sfp, ) (Entered: 01/08/2014) | |||
| 2014-01-24 | 82 | 0 | RESPONSE in Opposition re 74 MOTION for Summary Judgment by Defendant Kmart Corporation filed by Edward Gardner. (Attachments: # 1 Statement of Material Facts Plaintiff's Counterstatement of Material Facts, # 2 Declaration of Edward Gardner, # 3 Declaration of Peter J. Glennon, Esq., # 4 Exhibit(s) A, # 5 Exhibit(s) B, # 6 Exhibit(s) C, # 7 Exhibit(s) D)(Glennon, Peter) (Entered: 01/24/2014) | |||
| 2014-01-31 | 83 | 0 | RESPONSE in Opposition re 78 MOTION for Summary Judgment by Defendant Sears Holdings Corporation filed by Edward Gardner. (Attachments: # 1 Exhibit(s) SHC Press Release, # 2 Exhibit(s) Redenburg Decl., # 3 Exhibit(s) Lundy Dep Excerpts, # 4 Exhibit(s) Gardner Decl., # 5 Exhibit(s) Gardner Dep Excerpts, # 6 Exhibit(s) 2006 SHC Handbook, # 7 Exhibit(s) 2007 SHC Handbook, # 8 Exhibit(s) Glenn Dep Excerpts, # 9 Exhibit(s) Plaintiff's Counterstatement of Material Facts, # 10 Exhibit(s) 2008 Yr End Rev, # 11 Exhibit(s) SHC Store Closing Manual, # 12 Exhibit(s) SHC Email)(Redenburg, Michael) (Entered: 01/31/2014) | |||
| 2014-02-03 | 84 | 0 | MOTION to Certify Class Motion Hearing set for 2/28/2014 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 2/11/2014 Reply to Response to Motion due by 2/18/2014. filed by Edward Gardner. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A - ROG Responses, # 3 Exhibit B - Gardner Affidavit, # 4 Exhibit C - Agars Affidavit, # 5 Exhibit D - Esposito Affidavit, # 6 Exhibit E - Easchenko Affidavit, # 7 Exhibit F - Lundy Dep Excerpts, # 8 Exhibit G - Glenn Dep Excerpts, # 9 Exhibit H - SHC Email, # 10 Exhibit I - SHC Promissory Note, # 11 Exhibit J - Proposed Notice, # 12 Exhibit K - FJC Excerpts, # 13 Exhibit L - FJC Class Notice, # 14 Exhibit M - Osman Affidavit, # 15 Exhibit N - Redenburg Affidavit, # 16 Exhibit O - Glennon Affirnation) (Redenburg, Michael) Modified on 2/5/2014. (nmk) (Entered: 02/03/2014) | |||
| 2014-02-03 | 85 | 0 | NOTICE by Edward Gardner re 84 MOTION to Certify Class Letter of Explanation (Redenburg, Michael) (Entered: 02/03/2014) | |||
| 2014-02-07 | 86 | 0 | RESPONSE in Opposition re 84 MOTION to Certify Class filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Declaration of James P. Walsh, Jr., # 2 Exhibit(s) 1 to the Declaration of James P. Walsh, Jr., # 3 Exhibit(s) 2 to the Declaration of James P. Walsh, Jr., # 4 Exhibit(s) 3 to the Declaration of James P. Walsh, Jr., # 5 Exhibit(s) 4 to the Declaration of James P. Walsh, Jr., # 6 Exhibit(s) 5 to the Declaration of James P. Walsh, Jr., # 7 Declaration of Kevin McCarthy, # 8 Declaration of Justin Voss, # 9 Declaration of Darren McFadzean, # 10 Declaration of John E. Smithson, # 11 Declaration of Brant Hudson, # 12 Declaration of Sterling King)(Walsh, James) Modified on 2/10/2014. (nmk) (Attachment 9 replaced on 2/10/2014) (nmk, ). (Entered: 02/07/2014) | |||
| 2014-02-08 | 87 | 0 | CERTIFICATE OF SERVICE by Kmart Corporation, Sears Holdings Corporation re 86 Response in Opposition to Motion,,, (Walsh, James) (Entered: 02/08/2014) | |||
| 2014-02-17 | 88 | 0 | REPLY to Response to Motion re 84 MOTION to Certify Class filed by Edward Gardner. (Attachments: # 1 Memorandum of Law Reply Memo to Motion for Class Cert, # 2 Exhibit(s) A to Reply Memo, # 3 Exhibit(s) B to Reply Memo, # 4 Exhibit(s) C to Reply Memo, # 5 Exhibit(s) D to Reply Memo)(Redenburg, Michael) (Entered: 02/17/2014) | |||
| 2014-02-17 | 89 | 0 | REPLY to Response to Motion re 78 MOTION for Summary Judgment filed by Sears Holdings Corporation. (Attachments: # 1 Declaration of James P. Walsh, Jr., # 2 Exhibit(s) 1 to the Declaration of James P. Walsh, Jr., # 3 Exhibit(s) 2 to the Declaration of James P. Walsh, Jr., # 4 Exhibit(s) 3 to the Declaration of James P. Walsh, Jr., # 5 Exhibit(s) 4 to the Declaration of James P. Walsh, Jr.)(Walsh, James) (Entered: 02/17/2014) | |||
| 2014-02-17 | 90 | 0 | CERTIFICATE OF SERVICE by Sears Holdings Corporation re 89 Reply to Response to Motion, (Walsh, James) (Entered: 02/17/2014) | |||
| 2014-02-17 | 91 | 0 | REPLY to Response to Motion re 74 MOTION for Summary Judgment filed by Kmart Corporation. (Attachments: # 1 Declaration of James P. Walsh, Jr., # 2 Exhibit(s) 1 to the Declaration of James P. Walsh, Jr., # 3 Exhibit(s) 2 to the Declaration of James P. Walsh, Jr., # 4 Exhibit(s) 3 to the Declaration of James P. Walsh, Jr., # 5 Exhibit(s) 4 to the Declaration of James P. Walsh, Jr., # 6 Exhibit(s) 5 to the Declaration of James P. Walsh, Jr.)(Walsh, James) (Entered: 02/17/2014) | |||
| 2014-02-17 | 92 | 0 | CERTIFICATE OF SERVICE by Kmart Corporation re 91 Reply to Response to Motion, (Walsh, James) (Entered: 02/17/2014) | |||
| 2014-02-19 | 93 | 0 | MOTION to Strike 78 MOTION for Summary Judgment SHC's Statement that it Does Not Have Any Employees Motion Hearing set for 3/28/2014 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 3/11/2014 Reply to Response to Motion due by 3/17/2014. filed by Edward Gardner. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) 1, SHC Press Release, # 3 Exhibit(s) 2, SHC Advertisement, # 4 Exhibit(s) 3, Letter to Defense Counsel, # 5 Exhibit(s) 4, Glenn Deposition Excerpt) (Redenburg, Michael) Modified on 2/20/2014. (nmk) (Entered: 02/19/2014) | |||
| 2014-02-19 | 94 | 0 | RESPONSE in Opposition re 84 MOTION to Certify Class Defendants' Opposition to Plaintiff's Motion for Leave to File a 22-Page Reply Memorandum in Support of Plaintiff's Motion for Class Certification filed by Kmart Corporation, Sears Holdings Corporation. (Walsh, James) (Entered: 02/19/2014) | |||
| 2014-02-19 | 95 | 0 | AMENDED DOCUMENT by Edward Gardner. Amendment to 88 Reply to Response to Motion, . (Attachments: # 1 Exhibit(s) A, Glenn Deposition Excerpts, # 2 Exhibit(s) Gardner Deposition Excerpts, # 3 Exhibit(s) C, Redenburg Declaration, # 4 Exhibit(s) D, Letter of Explanation)(Redenburg, Michael) (Entered: 02/19/2014) | |||
| 2014-03-11 | 96 | 0 | RESPONSE in Opposition re 93 MOTION to Strike 78 MOTION for Summary Judgment SHC's Statement that it Does Not Have Any Employees filed by Sears Holdings Corporation. (Walsh, James) (Entered: 03/11/2014) | |||
| 2014-03-31 | 97 | 0 | TEXT ORDER: By 4/7/2014, plaintiff shall file, before Senior District Judge Thomas J. McAvoy, his motion to stay the summary judgment and class certification motions based on a pending Second Circuit case and/or plaintiff's purported need for additional discovery to litigate the substantive motions. Any defense response shall be filed on or before 4/25/2014. Pending resolution of the motion to stay, Phase I discovery remains closed, and plaintiff's counsel is directed not to serve the third-party subpoena discussed at the 3/31/2014 telephonic discovery conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/31/2014. (mae) (Entered: 04/01/2014) | |||
| 2014-04-07 | 98 | 0 | First MOTION to Stay the Court's Ruling on Plaintiff's Motion for Class Certification Motion Hearing set for 5/30/2014 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 5/13/2014 filed by Edward Gardner. (Attachments: # 1 Memorandum of Law, # 2 Affirmation, # 3 Exhibit(s) A, # 4 Exhibit(s) B) (Redenburg, Michael) Removed referral to MJ Baxter on 4/8/2014. (mae) (Entered: 04/07/2014) | |||
| 2014-04-25 | 99 | 0 | RESPONSE in Opposition re 98 First MOTION to Stay the Court's Ruling on Plaintiff's Motion for Class Certification filed by Kmart Corporation, Sears Holdings Corporation. (Attachments: # 1 Declaration of James P. Walsh, Jr., # 2 Exhibit(s) 1 to the Declaration of James P. Walsh, Jr., # 3 Exhibit(s) 2 to the Declaration of James P. Walsh, Jr., # 4 Exhibit(s) 3 to the Declaration of James P. Walsh, Jr., # 5 Exhibit(s) 4 to the Declaration of James P. Walsh, Jr., # 6 Exhibit(s) 5 to the Declaration of James P. Walsh, Jr., # 7 Exhibit(s) 6 to the Declaration of James P. Walsh, Jr., # 8 Exhibit(s) 7 to the Declaration of James P. Walsh, Jr., # 9 Exhibit(s) 8 to the Declaration of James P. Walsh, Jr., # 10 Exhibit(s) 9 to the Declaration of James P. Walsh, Jr., # 11 Exhibit(s) 10 to the Declaration of James P. Walsh, Jr.)(Walsh, James) (Entered: 04/25/2014) | |||
| 2014-04-25 | 100 | 0 | CERTIFICATE OF SERVICE by Kmart Corporation, Sears Holdings Corporation re 99 Response in Opposition to Motion,,, (Walsh, James) (Entered: 04/25/2014) | |||
| 2014-04-30 | 101 | 0 | Letter Motion from Plaintiff Edward Gardner for Edward Gardner requesting Leave to File Reply submitted to Judge Thomas J. McAvoy . (Redenburg, Michael) (Entered: 04/30/2014) | |||
| 2014-05-01 | 102 | 0 | TEXT ORDER granting Pltf's 101 Letter Request to file a Reply to Response to motion re: 98 Motion. Reply is to be filed by 5/5/14. Authorized by Senior Judge Thomas J. McAvoy on 5/1/14. (sfp, ) (Entered: 05/01/2014) | |||
| 2014-05-05 | 103 | 0 | REPLY to Response to Motion re 98 First MOTION to Stay the Court's Ruling on Plaintiff's Motion for Class Certification filed by Edward Gardner. (Attachments: # 1 Declaration of Michael J. Redenburg, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L)(Redenburg, Michael) (Entered: 05/05/2014) | |||
| 2014-05-09 | 104 | 0 | Letter Motion from James Walsh for Kmart Corporation, Sears Holdings Corporation requesting Leave to File Sur-Reply submitted to Judge Thomas J. McAvoy . (Walsh, James) (Entered: 05/09/2014) | |||
| 2014-05-13 | 105 | 0 | DECISION AND ORDER: It is ORDERED that Plaintiff's # 98 Motion to Stay the Court's decision on class certification in this matter is DENIED for the reasons noted herein. It is further ORDERED that Defendant's # 104 Letter Motion for leave to file a sur-reply brief is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 5/13/2014. (nmk) (Entered: 05/14/2014) | |||
| 2014-05-16 | 106 | 0 | Letter Motion from Plaintiff Requesting Court Conference for Edward Gardner requesting Court Discovery Issue Conference submitted to Judge Baxter . (Glennon, Peter) (Entered: 05/16/2014) | |||
| 2014-05-19 | 107 | 0 | LETTER BRIEF in Response to Plaintiff's May 16, 2014 Letter by Kmart Corporation, Sears Holdings Corporation. (Walsh, James) (Entered: 05/19/2014) | |||
| 2014-05-19 | 108 | 0 | TEXT ORDER re: 106 plaintiff's letter motion and 107 defendants' letter brief in opposition. On 5/19/2014, the court conducted an expedited, stenographically-recorded conference regarding several discovery issues raised by plaintiff. The court considered the letter briefs of the parties, the prior submissions of the parties in support of plaintiff's motion to stay consideration of his motion for class certification (Dkt. Nos. 98 , 99 , & 103 ), Judge McAvoy's Decision and Order denying the motion to stay (Dkt. No. 105 ), and the arguments of counsel during the conference. For the reasons stated on the record during the conference, plaintiff's application to compel disclosure of further discovery from the O'Toole litigation is DENIED, without prejudice to renewing such discovery demands following resolution of the pending motions for summary judgment and class certification. Plaintiff's application for leave to file a motion to compel follow-up discovery relating to the Rule 30(b)(6) deposition of Scott Glenn is GRANTED. Plaintiff may file a letter motion of five pages or less by 5/28/2014, and defendants may file a responsive letter brief (with the same page limit) by 6/13/2014. (The page limit does not apply to supporting documentation, which should include the notice for the Rule 30(b)(6) deposition and a transcript of the Scott deposition.) In the alternative, plaintiff may forego the option of filing such motion to compel at this time, without prejudice to renewing the motion following resolution of the pending motions for summary judgment and class certification. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/19/2014. (mae) (Entered: 05/19/2014) | |||
| 2014-05-28 | 109 | 0 | LETTER BRIEF Reserving Rights for Motion To Compel by Edward Gardner. (Glennon, Peter) (Entered: 05/28/2014) |