Case Details

CourtWestern District of Pennsylvania
Docket number2:12-cv-01399
Date case filed2012-09-26
Date case closed2013-09-19
Date of latest filing
Assigned toMagistrate Judge Robert C. Mitchell
Case cause29:201 Fair Labor Standards Act
Nature of suit710 Labor: Fair Standards
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: GRANT GALLOWAY
Party type: Plaintiff
Attorney name: Derrek W. Cummings
Attorney Contact:
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
717-238-5707
Fax: 717-233-8133
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: GEORGE JUNIOR REPUBLIC
Party type: Defendant
Attorney name: Michael A. Pavlick
Attorney Contact:
K&L Gates LLP
210 Sixth Avenue
K&L Gates Center
Pittsburgh, PA 15222-2312
(412) 355-6275
Fax: (412) 355-6501
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA
Party type: Defendant
Attorney name: Michael A. Pavlick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-09-26 COMPLAINT against GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA (Filing fee $350, receipt number 0315-2518743), filed by GRANT GALLOWAY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons George Junior Republic, # 3 Summons George Junior Republic in Pennsylvania) (jsp) (Entered: 09/27/2012)
22012-09-26 CONSENT to Become a Party Plaintiff by GRANT GALLOWAY. (jsp) (Entered: 09/27/2012)
32012-10-03 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (ms) (Entered: 10/03/2012)
42012-10-10 WAIVER OF SERVICE Returned Executed by GRANT GALLOWAY. GEORGE JUNIOR REPUBLIC waiver sent on 9/27/2012, answer due 11/26/2012. (Cummings, Derrek) (Entered: 10/10/2012)
52012-10-11 WAIVER OF SERVICE Returned Executed by GRANT GALLOWAY. GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA waiver sent on 9/27/2012, answer due 11/26/2012. (Cummings, Derrek) (Entered: 10/11/2012)
62012-10-12 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference is scheduled for 12/17/12 at 8:30 AM. The 26(f) Report, Proposed Case Management Order, and Stipulation Selecting ADR Process are due on or before 12/03/12. The Defendant shall Answer or otherwise plead on or before 11/26/12. Signed by Judge Arthur J. Schwab on 10/12/12. (eca) (Entered: 10/12/2012)
72012-11-19 STIPULATION selecting ADR process by GRANT GALLOWAY. (Cummings, Derrek) (Entered: 11/19/2012)
82012-11-26 NOTICE of Appearance by Michael A. Pavlick on behalf of GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Pavlick, Michael) (Entered: 11/26/2012)
92012-11-26 ANSWER to 1 Complaint, by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Pavlick, Michael) (Entered: 11/26/2012)
102012-11-26 Disclosure Statement identifying None as corporate parent or other affiliate, by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Pavlick, Michael) (Entered: 11/26/2012)
112012-12-03 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proposed Case Management Order) (Pavlick, Michael) (Entered: 12/03/2012)
122012-12-03 STIPULATION selecting ADR process by GRANT GALLOWAY. (Cummings, Derrek) (Entered: 12/03/2012)
132012-12-05 First MOTION to Modify Rule 16 Scheduling Conference Order Permitting Counsel for Plaintiffs to Participate by Telephone by GRANT GALLOWAY. (Attachments: # 1 Proposed Order) (Cummings, Derrek) (Entered: 12/05/2012)
142012-12-17 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 1/15/2013; Discovery due by 4/3/2013; Plaintiff Expert Report due by 4/3/2013; Defendant Expert Report due by 6/2/2013; Expert Depositions to be completed by 7/2/2013. Signed by Judge Arthur J. Schwab on 12/17/12. (eca) (Entered: 12/17/2012)
152012-12-17 ORDER REFERRING CASE to Mediation. Donald E. Zeigler is appointed as mediator. Signed by Judge Arthur J. Schwab on 12/17/12. (eca) (Entered: 12/17/2012)
162013-01-11 NOTICE of Intention Regarding Magistrate Judge indicating parties do not agree to proceed to trial before a Magistate Judge by GRANT GALLOWAY, GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA (Cummings, Derrek) Modified on 1/14/2013. (jsp) (Entered: 01/11/2013)
172013-01-31 REPORT of Mediation: Case has not been resolved. DONALD E. ZIEGLER terminated. Attorney Donald E. Ziegler terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 1/29/2013. (map) (Entered: 01/31/2013)
182013-03-22 Unopposed MOTION to Amend 1 Complaint by GRANT GALLOWAY. (Attachment: # 1 Proposed Order) (Cummings, Derrek) Modified on 3/25/2013. (jsp) (Entered: 03/22/2013)
192013-03-25 ORDER GRANTING 18 Motion to Amend Complaint. Counsel for plaintiff shall file an Amended Caption on ECF on or before 4/2/13.Signed by Judge Arthur J. Schwab on 3/25/13. (eca) (Entered: 03/25/2013)
202013-03-27 AMENDED COMPLAINT against GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA, filed by GRANT GALLOWAY. (Cummings, Derrek) (Entered: 03/27/2013)
212013-03-27 NOTICE of Amended Caption by GRANT GALLOWAY (Cummings, Derrek) (Entered: 03/27/2013)
222013-04-02 ORDER SCHEDULING Status/Settlement Conference for 4/17/2013 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 4/2/13. (lck) (Entered: 04/02/2013)
232013-04-03 MOTION to Reschedule Settlement Conference by GRANT GALLOWAY. (Attachment: # 1 Proposed Order) (Cummings, Derrek) Modified on 4/5/2013. (jsp) (Entered: 04/03/2013)
242013-04-04 ORDER GRANTING 23 Motion to Continue Settlement Conference. Conference rescheduled for 4/23/2013 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 4/4/13. (lck) (Entered: 04/04/2013)
252013-04-10 ANSWER to 20 Amended Complaint by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Pavlick, Michael) (Entered: 04/10/2013)
262013-04-12 SUPPLEMENT by GRANT GALLOWAY to 20 Amended Complaint. (Cummings, Derrek) (Entered: 04/12/2013)
272013-04-23 Minute Entry for proceedings held before Judge Arthur J. Schwab: Status Conference held on 4/23/2013. Parties update the Court of the status of the case. The Court orders that all depositions be taken by 05/31/13. A new Case Management Order and Pretrial Order are entered. Motion(s) for Summary Judgment due by 06/21/13. Defendant will file amendment to answer as to one paragraph cut off in Plaintiff's Amended Complaint. (Court Reporter: Deborah Rowe) (lck) (Entered: 04/23/2013)
282013-04-23 AMENDED CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 5/3/2013; Motion to Compel by 5/7/13; Response by 5/10/13; Amended Pleadings due by 5/3/2013; Discovery due by 5/31/2013; Plaintiff Pretrial Statement due by 7/5/2013; Defendant Pretrial Statement due by 7/11/2013; Summary Judgment due by 6/21/2013; Response to Summary Judgment due by 6/28/2013; Willingness to proceed before Magistrate Judge due by 5/3/2013. Signed by Judge Arthur J. Schwab on 4/23/13. (ms) (Entered: 04/23/2013)
292013-04-23 PRETRIAL ORDER: Plaintiff witness list due by 7/5/2013; Defendant Witness list due by 7/11/2013; Points for Charge due by 7/11/2013; Exhibit List due by 7/11/2013; Proposed Verdict Slips due by 7/11/2013; Proposed Voir Dire by 7/11/2013; Stipulation due by 7/11/2013; Motions in Limine due by 7/15/2013; Response to Motions in Limine due by 7/18/2013; Jury Trial set for 7/22/2013 at 9:00 AM in Courtroom 7C before Judge Arthur J. Schwab; Pretrial Conference set for 7/18/2013 at 8:30 AM in Courtroom 7C before Judge Arthur J. Schwab; Preliminary Pretrial Conference set for 7/16/2013 at 8:30 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 4/23/13. (ms) (Entered: 04/23/2013)
302013-05-03 JOINT CONSENT to Trial/Jurisdiction by US Magistrate Judge by GRANT GALLOWAY, GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Pavlick, Michael) Modified on 5/6/2013. (jv, ) (Entered: 05/03/2013)
312013-05-06 ORDER GRANTING Consent to Proceed Before a US Magistrate Judge.. Signed by Judge Arthur J. Schwab on 05/06/13. (lck) (Entered: 05/06/2013)
322013-05-07 NOTICE of Hearing: Status Conference set for 5/22/2013 10:00 AM before Magistrate Judge Robert C. Mitchell. (spc) (Entered: 05/07/2013)
332013-05-22 Minute Entry for proceedings held before Magistrate Judge Robert C. Mitchell: Status Conference held on 5/22/2013. Discovery due by 6/30/2013. Cross Motions for Summary Judgment due by 7/31/2013. Responses to Motions due by 8/15/2013. (Court Reporter: none) (spc) (Entered: 05/22/2013)
342013-07-31 MOTION for Summary Judgment by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Attachments: # 1 Proposed Order) (Pavlick, Michael) (Entered: 07/31/2013)
352013-07-31 BRIEF in Support re 34 Motion for Summary Judgment filed by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Pavlick, Michael) (Entered: 07/31/2013)
35.1 Exhibit 1
35.2 Exhibit 2
362013-07-31 CONCISE STATEMENT OF MATERIAL FACTS re 34 Motion for Summary Judgment by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Pavlick, Michael) (Entered: 07/31/2013)
372013-07-31 Appendix to 34 Motion for Summary Judgment by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Attachments: # 1 Exhibit A - L) (Pavlick, Michael) Modified on 8/1/2013. (jsp) (Entered: 07/31/2013)
382013-08-15 BRIEF in Opposition re 34 Motion for Summary Judgment filed by GRANT GALLOWAY. (Cummings, Derrek) (Entered: 08/15/2013)
392013-08-15 RESPONSIVE CONCISE STATEMENT OF UNDISPUTED AND MATERIAL FACTS re 36 Concise Statement of Material Facts, 38 Brief in Opposition to Motion by GRANT GALLOWAY. (Cummings, Derrek) Modified on 8/16/2013. (jsp) (Entered: 08/15/2013)
402013-08-15 Appendix in Opposition to 34 Motion for Summary Judgment by GRANT GALLOWAY. (Attachments: # 1Exhibits A and B to Appendix) (Cummings, Derrek) Modified on 8/16/2013. (jsp) (Entered: 08/15/2013)
412013-08-29 REPLY BRIEF re 34 Motion for Summary Judgment filed by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Attachments: # 1 Exhibit 1) (Pavlick, Michael) (Entered: 08/29/2013)
422013-08-29 RESPONSE to 39 Counter Statement of Facts, filed by GEORGE JUNIOR REPUBLIC, GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA. (Pavlick, Michael) (Entered: 08/29/2013)
432013-08-30 Sur-Reply Brief in Opposition re 34 Motion for Summary Judgment, 41 Reply Brief, filed by GRANT GALLOWAY. (Cummings, Derrek) Modified on 9/4/2013. (jsp) (Entered: 08/30/2013)
442013-09-19 MEMORANDUM AND OPINION and ORDER granting 34 Motion for Summary Judgment filed by GEORGE JUNIOR REPUBLIC IN PENNSYLVANIA, GEORGE JUNIOR REPUBLIC. Signed by Magistrate Judge Robert C. Mitchell on 9/19/2013. (spc) (Entered: 09/19/2013)
452013-09-19 JUDGMENT in favor of Defendants against Plaintiff. Signed by Magistrate Judge Robert C. Mitchell on 9/19/2013. (spc) (Entered: 09/19/2013)