Mcfarland v. Nestle USA inc et al
Court Docket Sheet

3:2016-cv-00100 (ared)

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Description
1
04/11/2016
CLASS ACTION COMPLAINT against All Defendants, filed by Joy McFarland(Fee of $400 received; Summons issued and returned to Plaintiff's counsel for service).
1
Civil Cover Sheet)(jak
1 Attachment
2
04/18/2016
RECEIPT FILED: $ 400.00, receipt number LIT056291.
3
04/29/2016
NOTICE of Appearance by O. John Norris, III on behalf of Nestle Prepared Foods Company, Nestle USA Inc (Norris, O.)
4
05/06/2016
Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Nestle Prepared Foods Company, Nestle USA Inc (Norris, O.)
5
05/09/2016
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO THE COMPLAINT, 4. Accordingly, Defendants shall file a responsive pleading on or before June 10, 2016. Signed by Judge J. Leon Holmes on 5/9/2016.
6
06/03/2016
ANSWER to 1 Complaint by Nestle Prepared Foods Company, Nestle USA Inc.(Norris, O.)
7
06/03/2016
Corporate Disclosure Statement (Rule 7.1) by Nestle Prepared Foods Company, Nestle USA Inc (Norris, O.)
8
06/03/2016
INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 8/11/2016. Rule 26(f) Report due by 8/25/2016. Proposed bench trial date the week of 9/25/2017 in Jonesboro before Judge J. Leon Holmes. Signed at the direction of the Court.
9
07/05/2016
NOTICE of Appearance by Eric R. Magnus on behalf of Nestle Prepared Foods Company, Nestle USA Inc
10
07/05/2016
NOTICE of Appearance by Justin R. Barnes on behalf of Nestle Prepared Foods Company, Nestle USA Inc
11
08/01/2016
MOTION to Certify Class Pursuant to Section 216(b) of the FLSA by Joy McFarland
1
Exhibit 1: Proposed Notice of Right to Join Lawsuit
2
Exhibit 2: Proposed Consent to Join Collective Action
3
Exhibit 3: Proposed Texts of Electronic Transmissions
4
Exhibit 4: Proposed Electronic Consent to Join Collective Action
5
Exhibit 5: Proposed Reminder Postcard
6
Exhibit 6: Declaration of Attorney Josh Sanford
7
Exhibit 7: Declaration of Joy McFarland
7 Attachments
12
08/01/2016
BRIEF IN SUPPORT re 11 Motion to Certify Class, filed by Joy McFarland.
13
08/15/2016
Joint MOTION to Stay Deadlines Pending Resolution of Settlement Discussions by Nestle Prepared Foods Company, Nestle USA Inc
14
08/16/2016
ORDER granting 13 Motion to Stay deadlines. The existing deadlines are hereby stayed, including the deadlines for the defendants to respond to the Plaintiff's motion to certify class, the parties' Rule 26 conference, and the submission of a joint preliminary planning report. This stay will be in effect through 9/9/2016. Should the parties be unable to settle this matter by then, they must either file a status report and request an extension of the stay if settlement is feasible or inform the Court that further negotiations would not be productive. In the latter event, the parties must submit their Rule 26(f) report within seven days after the stay is lifted, and defendants must file a response to the plaintiff's motion to certify class within twenty-one days after the stay is lifted. Signed by Judge J. Leon Holmes on 8/16/2016.
15
09/09/2016
STATUS REPORT and Motion to Extend Stay Pending Resolution of Settlement Discussions by Joy McFarland.
16
09/09/2016
ORDER granting 15 Motion to Extend the stay. The stay is extended up to and including 10/10/2016. Signed by Judge J. Leon Holmes on 9/9/2016.
17
10/10/2016
Joint MOTION to Stay re 16 Order Extend Stay Pending Resolution of Settlement Discussions and Joint Status Report by Nestle Prepared Foods Company, Nestle USA Inc
18
10/11/2016
ORDER granting 17 the parties' motion to extend the stay; and extending the stay up to and including 11/10/2016. Signed by Judge J. Leon Holmes on 10/11/2016.
19
11/11/2016
STATUS REPORT and Motion to Extend Stay Pending Resolution of Settlement Discussions by Nestle Prepared Foods Company, Nestle USA Inc.
20
11/14/2016
ORDER granting the 19 Motion to Extend the stay. The stay is extended up to and including 12/12/2016. Should the parties be unable to settle this matter by 12/12/2016, they must either file a status report and request an extension of stay if settlement is feasible or inform the Court that further negotiations would not be productive. If they determine that further negotiations would not be productive, the parties must file their Rule 26(f) report within seven days after the stay is lifted, and the defendants must file a response to the plaintiff's motion to certify class within fourteen days after the stay is lifted. Signed by Judge J. Leon Holmes on 11/14/2016.
21
12/08/2016
STATUS REPORT (Joint) and Motion to Extend Stay Pending Mediation by Nestle Prepared Foods Company, Nestle USA Inc.
22
12/09/2016
ORDER granting 21 Motion to Stay deadlines pending mediation. By 1/27/2017 the parties must either inform the Court that this matter has been settled or inform the Court that further negotiations would not be productive. The parties will then file their Rule 26(f) report within 7 days after the stay is lifted and defendants will file their response to the motion to certify class within 14 days after the stay is lifted. The Court will enter its final scheduling order after the Rule 26(f) report is filed. Signed by Judge J. Leon Holmes on 12/9/2016.
23
01/23/2017
NOTICE of Settlement by Nestle Prepared Foods Company, Nestle USA Inc
24
03/14/2017
Joint MOTION to Approve/Approval of Settlement Agreement by Joy McFarland
1
Exhibit 1: Fully Executed Settlement Agreement, Claim Form, Order of Preliminary Approval, Notice
1 Attachment
25
03/15/2017
LETTER/ORDER. Signed by Judge J. Leon Holmes on 3/15/2017.
26
03/22/2017
STATUS REPORT regarding ECF No. 25 by Joy McFarland.
27
04/05/2017
Joint MOTION to Approve/Approval (Amended) of Class and Collective Acton Settlement and Notice to the Settlement Class by Nestle Prepared Foods Company, Nestle USA Inc
1
Exhibit 1--Settlement Agreement and Exhibits
1 Attachment
28
04/05/2017
Joint MOTION to Seal Document (Exhibit E to Settlement Agreement) by Nestle Prepared Foods Company, Nestle USA Inc
29
04/10/2017
ORDER granting 28 Motion to Seal Document. The parties will be permitted to file conventionally under seal a copy of Exhibit E to the Settlement Agreement. Signed by Judge J. Leon Holmes on 4/10/2017.
30
04/17/2017
SEALED Document
31
04/18/2017
ORDER OF PRELIMINARY APPROVAL. The Court grants the 27 Amended Motion and preliminary finds that the parties' class-wide settlement is fair and reasonable. For purposes of settlement, a Settlement Class is certified. 24 Motion is denied as moot. A final fairness hearing will be held on August 22, 2017, at 1:15 PM, at the U.S. District Court for the Eastern District of Arkansas, 615 South Main St., Room 312, Jonesboro, Arkansas. Counsel for the Parties must file motion papers for final approval of all terms of the Settlement Agreement no later than 14 days before the final fairness hearing. This action is stayed pending the Court's ruling on the settlement at the final approval hearing. Signed by Judge J. Leon Holmes on 4/18/2017.
32
05/02/2017
ORDER denying as moot 11 Motion to Certify Class. Signed by Judge J. Leon Holmes on 5/2/2017.
33
08/08/2017
Joint MOTION to Approve/Approval of Settlement Agreement by Joy McFarland
1
Document Declaration of Josh Sanford (Docket text modified on 8/9/2017 to remove reference to the proposed order) (jak
1 Attachment
08/09/2017
NOTICE OF DOCKET CORRECTION re 33 Joint MOTION to Approve/Approval of Settlement Agreement. CORRECTION: The docket text was modified to indicate the proposed order was filed as an attachment to docket entry 33 in error. (Text entry; no document attached.)
34
08/22/2017
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge J. Leon Holmes: FINAL FAIRNESS HEARING held in Jonesboro on Tuesday, 8/22/2017. Josh Sanford present for plaintiff; Eric Magnus present for defendants. (Court Reporter Genie Power)
35
08/23/2017
ORDER OF FINAL APPROVAL. The Parties' class-wide Settlement Agreement is fair and reasonable and is hereby approved. Signed by Judge J. Leon Holmes on 8/23/2017.
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