MCWILLIAMS v. PLATINUM ADVERTISING, LLC et al
| Pennsylvania Western District Court | |
| Judge: | Cathy Bissoon |
| Case #: | 2:21-cv-00607 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | May 07, 2021 |
| Terminated: | Oct 22, 2021 |
| Last checked: Wednesday Nov 03, 2021 5:50 AM EDT |
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Defendant
JOHN NELSON
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Represented By
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Defendant
WILLIAM SIVETER
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Represented By
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Defendant
PLATINUM ADVERTISING II, LLC
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Represented By
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Defendant
VEXSO BLACK ASSET MANAGEMENT, INC.
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Plaintiff
JEREMY MCWILLIAMS
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Represented By
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| TERMINATED PARTIES | |
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Defendant
JOHN DOE CORPORATION
Terminated: 08/10/2021
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Represented By
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Defendant
PLATINUM ADVERTISING, LLC
Terminated: 08/10/2021
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, May 13, 2022 | ||
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order
Order on Motion for Miscellaneous Relief
Fri 05/13 5:56 PM
ORDER approving30 joint Motion for approval of revised settlement agreement, regarding FLSA collective action claims. It is clear from the Motion that the parties intend for the settlement to address only FLSA claims. Paragraph 1(D) of the revised agreement is molded to govern "Collective Members' unpaid minimum and overtime wage claims... arising under the FLSA." The parties' filings are sufficient to allow adjudication without a hearing. See Grayson v. K Mart Corp., 79 F.3d 1086, 1099 (11th Cir. 1996); Mantz v. Steven Singer Jewelers, 2004 WL 1217369, *3-4 (3d Cir. Jun. 3, 2004) (same regarding award of attorney's fees under FLSA). The parties shall proceed, and provide notice to the collective action members, in accordance with the revised settlement agreement. The instant action hereby is dismissed, without prejudice. Consistent with the revised settlement agreement, at para. 7, the parties later may move for the dismissal to be converted to one with prejudice. Signed by Judge Cathy Bissoon on 5/13/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| Wednesday, May 04, 2022 | ||
| 30 | 30
motion
Miscellaneous Relief (Use ONLY if no other relief applies)
Wed 05/04 10:02 PM
Joint MOTION Joint Motion for Approval of Revised Settlement Agreement re28 Joint MOTION Plaintiffs Motion for Settlement Approval and for Approval of Service Payments and Attorneys Fees and Expenses filed by JEREMY MCWILLIAMS by JEREMY MCWILLIAMS. (Simon, James) |
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Att: 1
10 pgs
Exhibit A, Signed Settlement Agreement,
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Att: 2
2 pgs
Exhibit Notice of Settlement to Collective
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| Tuesday, April 05, 2022 | ||
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order
Order on Motion for Miscellaneous Relief
Tue 04/05 1:04 PM
ORDER denying28 the parties' joint Motion for final approval of FLSA collective action settlement, without prejudice, as follows. The Court agrees that, under appropriate circumstances, it may finally approve an FLSA settlement without a hearing. The Court's research, however, has failed to identify a single "hybrid" action (i.e., one addressing both FLSA collective action claims and state wage-law class action claims) where final approval has been afforded without a fairness hearing. As to the notion that due process concerns are alleviated because participation is limited to those putative members who "cash the check," serious questions have been raised regarding this contention. See, e.g., Douglas v. Allied Universal Sec. Servs., 381 F.Supp.3d 239 (E.D.N.Y. 2019). Here, the parties' Motion for approval may be capable of resolution without a hearing, except to the extent that putative members purportedly will release state wage claims through participation in the collective action settlement. See Doc.28 at 3 ("I hereby release all claims or causes of action... for unpaid minimum and overtime wages" that arise under "the Fair Labor Standards Act, Pennsylvania law and any applicable state, local or municipal law or regulation"). The proposed settlement cannot be approved as currently proposed, and, thus, the Motion for approval is DENIED. Finally, should a renewed motion contemplate the settlement/release of state class-action claims, the parties' proposed procedures must account for the notice-requirements and timeframes in the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. §§ 1715(b) through (d). Signed by Judge Cathy Bissoon on 4/5/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| Friday, March 25, 2022 | ||
| 28 | 28
motion
Miscellaneous Relief (Use ONLY if no other relief applies)
Fri 03/25 10:46 PM
Joint MOTION Plaintiffs Motion for Settlement Approval and for Approval of Service Payments and Attorneys Fees and Expenses by JEREMY MCWILLIAMS. (Simon, James) |
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Att: 1
Exhibit 1, Signed Settlement Agreement,
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Att: 2
Exhibit 2, Proposed Settlement Notice,
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Att: 3
Proposed Order Proposed Order
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| Friday, February 11, 2022 | ||
| 27 | 27
adr
Report of Mediation
Fri 02/11 10:38 AM
REPORT of Mediation: Case has been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed [LINK:here] or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 2/10/2022. (Benson, Kenneth) |
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| Friday, October 22, 2021 | ||
| 26 | 26
order
Order for Statistical Case Closing ~Util - Terminate Motions ~Util - Case Stayed
Fri 10/22 6:16 PM
ORDER granting25 joint Motion to stay, as follows. This case is STAYED, and for the duration of the stay, it shall remain ADMINISTRATIVELY CLOSED. Administrative closings are a familiar way in which courts remove cases from their active files without final adjudication. Administrative closure is a docket control device used by the Court for statistical purposes, and it does not prejudice the rights of the parties in any manner. Notwithstanding the stay and closure, the parties shall file status reports, as proposed in their Motion, and the Court will lift the stay and reopen the case, as and when appropriate, based on the parties' (final) status report. Signed by Judge Cathy Bissoon on 10/22/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 25 | 25
motion
Stay
Fri 10/22 11:29 AM
Joint MOTION to Stay Pending Mediation by JEREMY MCWILLIAMS. (Bendau, Clifford) Modified text to remove duplicate language on 10/22/2021. (keh) |
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Att: 1
Proposed Order
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| Friday, September 03, 2021 | ||
| 24 | 24
order
Order on Motion for Extension of Time to File Answer
Fri 09/03 5:38 PM
ORDER granting23 Joint Motion for Extension of Time to Answer re19 Amended Complaint, by the Platinum Defendants and Plaintiff. The Platinum Defendants' answers now are due by 9/30/21. Signed by Judge Cathy Bissoon on 9/3/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 23 | 23
motion
Extension of Time to File Answer
Fri 09/03 4:15 PM
Joint MOTION for Extension of Time to File Answer re19 Amended Complaint, filed by JEREMY MCWILLIAMS on Behalf of All Parties by PLATINUM ADVERTISING II, LLC, WILLIAM SIVETER. (Armstrong, Joseph) |
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Att: 1
Proposed Order
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| Monday, August 23, 2021 | ||
| 22 | 22
order
Order on Motion for Extension of Time to File Answer
Mon 08/23 11:00 AM
ORDER granting21 the Platinum Defendants' unopposed Motion to extend answer deadline. These Defendants' deadline to answer or otherwise respond now is 9/3/21. Signed by Judge Cathy Bissoon on 8/23/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 21 | 21
motion
Extension of Time to File Answer
Mon 08/23 9:47 AM
Consent MOTION for Extension of Time to File Answer re19 Amended Complaint, filed by JEREMY MCWILLIAMS by PLATINUM ADVERTISING II, LLC, WILLIAM SIVETER. (Armstrong, Joseph) |
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Att: 1
Proposed Order
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| Wednesday, August 11, 2021 | ||
| 20 | 20
order
Order 1 - Terminate Deadlines and Hearings
Wed 08/11 7:44 PM
ORDER vacating Orders filed at Docs.16 &17 . Not all Defendants had answered; and, Plaintiff since has filed an Amended Complaint (Doc.19 ). The Initial Scheduling Videoconference set for 9/20/21 at 11:00 a.m. is CANCELLED, and will be rescheduled by future order. Signed by Judge Cathy Bissoon on 8/11/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| Tuesday, August 10, 2021 | ||
| 19 | 19
cmp
Amended Complaint
Tue 08/10 9:40 PM
First AMENDED COMPLAINT against JOHN NELSON, WILLIAM SIVETER, Vexso Black Asset Management, Inc., Platinum Advertising II, LLC JOHN NELSON answer due 8/24/2021; WILLIAM SIVETER answer due 8/24/2021; Vexso Black Asset Management, Inc. answer due 8/24/2021; Platinum Advertising II, LLC answer due 8/24/2021, filed by JEREMY MCWILLIAMS. (Bendau, Clifford) |
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| 18 | 18
misc
Disclosure Statement (LR 7.1.1)
Tue 08/10 9:32 AM
Disclosure Statement identifying None as corporate parent or other affiliate, by JOHN DOE CORPORATION. (Hudock, Joseph) |
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misc
QC - Party did not file Disclosure Statement
Tue 08/10 8:47 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 8/17/2021. (ijh) |
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| Friday, August 06, 2021 | ||
| 17 | 17
1
pgs
order
Order
Fri 08/06 1:04 PM
ORDER. All counsel of record in this case must read the attached article on mediation prior to the initial Case Management Conference, and share the same with their client(s). The attached article is being disseminated with permission of the author and The Pennsylvania Lawyer. Signed by Judge Cathy Bissoon on 8/6/21. |
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Att: 1
(Exhibit, Article re Mediation) (jhi
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| 16 | 16
4
pgs
order
Order ~Util - Set Hearings
Fri 08/06 1:02 PM
ORDER, Video Initial Case Management Conference set before Judge Cathy Bissoon, more fully stated in said order. Signed by Judge Cathy Bissoon on 8/6/21. (jhi) |
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| 15 | 15
answer
Answer to Complaint
Fri 08/06 11:28 AM
ANSWER to1 Complaint, by JOHN NELSON. (Hudock, Joseph) |
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| Thursday, July 01, 2021 | ||
| 14 | 14
order
Order on Motion for Extension of Time to File Answer
Thu 07/01 3:38 PM
ORDER granting13 Motion for Extension of Time to Answer. The moving Defendants' deadline for answering or otherwise responding to the Complaint now is 8/16/21. Signed by Judge Cathy Bissoon on 7/1/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 13 | 13
motion
Extension of Time to File Answer
Thu 07/01 12:43 PM
MOTION for Extension of Time to File Answer by JEREMY MCWILLIAMS. (Bendau, Clifford) |
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Att: 1
Proposed Order Proposed Order
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| Wednesday, June 30, 2021 | ||
| 12 | 12
service
Waiver of Service Executed
Wed 06/30 11:51 AM
WAIVER OF SERVICE Returned Executed by JEREMY MCWILLIAMS. JOHN DOE CORPORATION waiver sent on 6/15/2021, answer due 8/16/2021. (Bendau, Clifford) |
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| 11 | 11
service
Waiver of Service Executed
Wed 06/30 11:51 AM
WAIVER OF SERVICE Returned Executed by JEREMY MCWILLIAMS. JOHN NELSON waiver sent on 6/15/2021, answer due 8/16/2021. (Bendau, Clifford) |
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| Tuesday, June 29, 2021 | ||
| 10 | 10
order
Order on Motion to Appear Pro Hac Vice
Tue 06/29 6:59 PM
ORDER granting9 Motion for Clifford P. Bendau, II, Esq., to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 6/29/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 9 | 9
motion
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Tue 06/29 5:02 PM
MOTION for attorney Clifford P. Bendau, II to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6586590) by JEREMY MCWILLIAMS. (Bendau, Clifford) |
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Att: 1
Exhibit A, Affidavit and Certificate of Good Standing
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| Thursday, June 17, 2021 | ||
| 8 | 8
order
Order on Motion to Appear Pro Hac Vice
Thu 06/17 6:27 PM
ORDER granting7 Motion for Joseph M. Armstrong, Esq., to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 6/17/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 7 | 7
motion
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Thu 06/17 3:53 PM
MOTION for attorney Joseph M. Armstrong to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6569648) by PLATINUM ADVERTISING, LLC, WILLIAM SIVETER. (Armstrong, Joseph) |
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Att: 1
Affidavit of Joseph M. Armstrong in Support of Motion for Admission Pro Hac Vice,
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Att: 2
Proposed Order
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| Tuesday, June 08, 2021 | ||
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misc
QC - Party did not file Disclosure Statement
Tue 06/08 9:15 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re6 Stipulation for Extension of Time to Answer,5 Notice of Appearance. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 6/15/2021. (jv) |
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misc
QC - Party did not file Disclosure Statement
Tue 06/08 9:17 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re4 Notice of Appearance. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. as to JOHN DOE CORPORATION. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 6/15/2021. (jv) |
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| Monday, June 07, 2021 | ||
| 6 | 6
misc
Stipulation for Extension of Time to Answer
Mon 06/07 4:46 PM
Stipulation for Extension of Time to Answer by PLATINUM ADVERTISING, LLC, WILLIAM SIVETER Answer due from PLATINUM ADVERTISING, LLC on 7/7/2021; WILLIAM SIVETER on 7/7/2021. (Foster, Don) |
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| 5 | 5
notice
Notice of Appearance
Mon 06/07 4:44 PM
NOTICE of Appearance by Don P. Foster on behalf of PLATINUM ADVERTISING, LLC, WILLIAM SIVETER. (Foster, Don) |
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| Tuesday, May 18, 2021 | ||
| 4 | 4
notice
Notice of Appearance
Tue 05/18 9:53 AM
NOTICE of Appearance by Joseph A. Hudock, Jr on behalf of JOHN DOE CORPORATION and JOHN NELSON. (Hudock, Joseph) Modified on 5/18/2021 (ma) |
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| Friday, May 07, 2021 | ||
| 3 | 3
2
pgs
order
Order
Fri 05/07 4:07 PM
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 5/7/21. (jhi) |
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| 2 | 2
service
Summons Issued
Fri 05/07 3:52 PM
Summons Issued as to JOHN NELSON, PLATINUM ADVERTISING, LLC, WILLIAM SIVETER (ma) |
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Att: 1
Summons,
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Att: 2
Summons
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| 1 | 1
29
pgs
cmp
Complaint (for Clerk of Court personnel only)
Fri 05/07 3:49 PM
COMPLAINT against JOHN DOE CORPORATION, JOHN NELSON, PLATINUM ADVERTISING, LLC, WILLIAM SIVETER (Filing fee, including Administrative fee, $402, receipt number APAWDC-6502015), filed by JEREMY MCWILLIAMS. (ma) |
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet
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