Case: T.S. v. The Burke Foundation

COMPLAINT ( Filing fee $ 400 receipt number 0542-12482853), filed by T. S., G. A.. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix)(Eisenbrey, Rebecca) (Entered: 08/15/2019)

1 Civil Cover Sheet

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2 Appendix

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REQUEST FOR ISSUANCE OF SUMMONS by G. A., T. S.. (Eisenbrey, Rebecca) (Entered: 08/15/2019)

MOTION for Leave to Proceed Anonymously by G. A., T. S.. (Attachments: # 1 Proposed Order)(Eisenbrey, Rebecca) (Entered: 08/15/2019)

MOTION to Appear Pro Hac Vice by Rebecca Clare Eisenbrey on behalf of Ted Evans ( Filing fee $ 100 receipt number 0542-12483482) by on behalf of G. A., T. S.. (Eisenbrey, Rebecca) (Entered: 08/15/2019)

Summons Issued as to The Burke Foundation. (dl) (Entered: 08/15/2019)

To be Referred to AU Mag Judge

Case Assigned/Reassigned

Jury Demand

Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (dl)

DEMAND for Trial by Jury by G. A., T. S.. (dl)

ORDER GRANTING 4 Motion for Ted Evans to Appear Pro Hac Vice on behalf of T.S. and G.A. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (lt) (Entered: 08/23/2019)

Defendant's ANSWER to 1 Complaint with Jury Demand . Attorney Robert A. Bragalone added to party The Burke Foundation(pty:dft) by The Burke Foundation.(Bragalone, Robert) (Entered: 09/13/2019)

ORDER GRANTING 3 Motion to proceed under pseudonym. ORDER that Plaintiffs may proceed under the pseudonyms T.S. (by and through his next friend P.O.) and G.A, respectively. ORDER PERMITTING Plaintiffs to redact all personally identifying information from the public record when making submissions to this Court. ORDER BARRING Defendant from publicly disclosing Plaintiffs' names or any information from which their names could be deduced. ORDER that Defendant redact all personally identifying information from the public record regarding Plaintiffs when making submissions to this Court. Signed by Judge Robert Pitman. (lt) (Entered: 10/03/2019)

Rule 26(f) Discovery Report/Case Management Plan Joint 26(f) Report/Case Management Plan by G. A., T. S.. (Attachments: # 1 Proposed Order)(Eisenbrey, Rebecca) (Entered: 11/12/2019)

1 Proposed Order

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Joint Proposed Scheduling Order by G. A., T. S., The Burke Foundation. (lt) (Entered: 11/13/2019)

Notice of Correction

Notice of Correction: re 9 Rule 26(f) Discovery Report/Case Management Plan. Your filing includes a Joint Rule 26-f Report with a Proposed Scheduling Order as an attachment. Please take note for future filing purposes that these documents need to be filed on the docket separately. (lt)

ORDER SETTING Initial Pretrial Conference by phone for 11/19/2019 at 10:40 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (lt) (Entered: 11/14/2019)

Minute Entry for proceedings held before Judge Robert Pitman: Initial Pretrial Conference held on 11/19/2019. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Pamela Andasola.)(lt) (Entered: 11/20/2019)

NON-CONSENT to Trial by US Magistrate Judge by G. A., T. S.. (Eisenbrey, Rebecca) (Entered: 11/22/2019)

SCHEDULING ORDER: ADR Report Deadline due by 7/1/2020, Motions to Amend Pleadings/Join Parties due by 7/1/2020, Discovery due by 9/30/2020, Dispositive Motions due by 10/30/2020. Signed by Judge Robert Pitman. (lt) (Entered: 11/26/2019)

NOTICE Concerning Reference to United States Magistrate Judge by The Burke Foundation (Mathews, Roy) (Entered: 11/26/2019)

Unopposed MOTION to Amend Complaint by G. A., T. S.. (Attachments: # 1 Proposed Order, # 2 Proposed Amended Complaint)(Eisenbrey, Rebecca) (Entered: 12/18/2019)

ATTACHMENT T.S. FLSA Consent to Sue to 16 Unopposed MOTION to Amend Complaint by G. A., T. S.. (Attachments: # 1 T.S. Next Friend Verification)(Eisenbrey, Rebecca) (Entered: 12/19/2019)

ORDER GRANTING 16 Motion to Amend Complaint. Signed by Judge Robert Pitman. (dm) (Entered: 12/20/2019)

FIRST AMENDED COMPLAINT against The Burke Foundation amending 1 Complaint, filed by T. S., G. A..(dm) (Entered: 12/20/2019)

Emergency Order in Light of the COVID-19 Pandemic (tada) (Entered: 03/25/2020)

Amended Emergency Order in Light of the COVID-19 Pandemic (Entered: 04/17/2020)

MOTION for Notice to Class Members and for Conditional Certification as an FLSA Collective Action by G. A., T. S.. (Attachments: # 1 Declarations of T.S. and A.G., # 2 Proposed Notice, # 3 Proposed Notice, # 4 Proposed Order)(Eisenbrey, Rebecca) (Attachment 1 replaced on 5/13/2020 to flatten form) (lt). Modified on 5/13/2020 (lt). (Entered: 05/13/2020)

1 Declarations of T.S. and A.G.

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2 Proposed Notice

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3 Proposed Notice

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4 Proposed Order

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Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Notice to Class Members and for Conditional Certification as an FLSA Collective Action by The Burke Foundation. (Attachments: # 1 Proposed Order)(Bragalone, Robert) (Entered: 05/19/2020)

Text Order GRANTING 23 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. Defendant shall respond to Plaintiffs' Motion for Notice to Class Members and for Conditional Class Certification, (Dkt. 22), by May 26, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)

Order on Motion for Extension of Time to File Response/Reply

Response in Opposition to Motion, filed by The Burke Foundation, re 22 MOTION for Notice to Class Members and for Conditional Certification as an FLSA Collective Action filed by Plaintiff T. S., Plaintiff G. A. (Attachments: # 1 Affidavit Declaration of Steve Fournier, # 2 Proposed Order Proposed Order Denying Plaintiffs' Motion for Notice and Conditional Certification as an FLSA Collective Action)(Mathews, Roy) (Entered: 05/26/2020)

REPLY to Response to Motion, filed by G. A., T. S., re 22 MOTION for Notice to Class Members and for Conditional Certification as an FLSA Collective Action filed by Plaintiff T. S., Plaintiff G. A. (Bocchini, Anna) (Entered: 06/02/2020)

Opposed MOTION for Leave to File Defendants Sur-Reply to Plaintiffs Motion for Notice to Class Members and for Conditional Certification as an FLSA Collective Action by The Burke Foundation. (Attachments: # 1 Exhibit A Sur Reply to Plaintiffs Reply, # 2 Proposed Order Order Granting Leave to File Sur Reply)(Mathews, Roy) (Entered: 06/16/2020)

Second Amended Emergency Order in Light of the COVID-19 Pandemic (Entered: 06/23/2020)

Sur-reply, filed by The Burke Foundation, re 22 MOTION for Notice to Class Members and for Conditional Certification as an FLSA Collective Action filed by Plaintiff T. S., Plaintiff G. A. (lt) (Entered: 06/29/2020)

Text Order GRANTING 26 Motion for Leave to File entered by Judge Robert Pitman. Because Plaintiffs did not timely file a response, the Court considers the motion to be unopposed and grants the motion as such. W.D. Tex. Loc. R. CV-7(e)(2). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld)

Order on Motion for Leave to File

Joint MOTION to Extend Scheduling Order Deadlines by G. A., T. S.. (Attachments: # 1 Proposed Order)(Eisenbrey, Rebecca) (Entered: 06/30/2020)

AMNENDED SCHEDULING ORDER: ADR Report Deadline due by 10/29/2020, Motions to Amend Pleadings/Join Parties due by 8/31/2020, Discovery due by 1/28/2021, Dispositive Motions due by 3/1/2021. Signed by Judge Robert Pitman. (lt) (Entered: 07/02/2020)

Text Order GRANTING 29 Motion to Extend Scheduling Order Deadlines entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) Written order to follow.(jg)

Order on Motion to Extend Scheduling Order Deadlines

ADVISORY TO THE COURT by G. A., T. S.. (Evans, Ted) (Entered: 10/29/2020)

Joint MOTION to Extend Scheduling Order Deadlines by G. A., T. S.. (Attachments: # 1 Proposed Order)(Bocchini, Anna) (Entered: 11/06/2020)

1 Proposed Order

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SECOND AMENDED SCHEDULING ORDER: ADR Report Deadline due by 2/26/2021, Motions to Amend Pleadings/Join Parties due by 12/30/2020, Discovery due by 5/28/2021, Dispositive Motions due by 6/29/2021. Signed by Judge Robert Pitman. (lt) (Entered: 11/09/2020)

NOTICE of Withdrawal of Roy E. Mathews by The Burke Foundation (Bragalone, Robert) (Entered: 11/12/2020)

DEFICIENCY NOTICE: re 34 Notice (Other) (lt) (Entered: 11/12/2020)

CORRECTED MOTION to Withdraw as Attorney as to Roy E. Mathews Only by The Burke Foundation. (Attachments: # 1 Proposed Order Granting Withdrawal of Counsel Roy E. Mathews)(Bragalone, Robert) (Entered: 11/13/2020)

ORDER GRANTING Defendant's 36 Motion to Withdraw Roy E. Matthews as counsel of record. Signed by Judge Robert Pitman. (lt) (Entered: 11/24/2020)

ORDER that the parties submit simultaneous supplemental briefing on Plaintiffs' 22 MOTION for Notice to Class Members and for Conditional Certification as an FLSA Collective Action on or before January 29, 2021. Signed by Judge Robert Pitman. (lt) (Entered: 01/14/2021)

Opposed MOTION to Compel Written Discovery by G. A., T. S.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Proposed Order)(Bocchini, Anna) (Entered: 01/21/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Proposed Order

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RESPONSE to Motion, filed by The Burke Foundation, re 39 Opposed MOTION to Compel Written Discovery filed by Plaintiff T. S., Plaintiff G. A. (Attachments: # 1 Exhibit A - Plaintiffs' First Set of Requests for Admission, Interrogatories, and Request for Production to Defendant, # 2 Exhibit B - Defendant's First Supplemental Responses to Plaintiff's First Discovery Requests)(Bragalone, Robert) (Entered: 01/28/2021)

1 Exhibit A - Plaintiffs' First Set of Requests for Admission, Interrogatorie

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2 Exhibit B - Defendant's First Supplemental Responses to Plaintiff's Fi

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BRIEF regarding 22 MOTION for Notice to Class Members and for Conditional Certification as an FLSA Collective Action by T. S.. (Bocchini, Anna) (Entered: 01/29/2021)

MOTION for Leave to File Defendant The Burke Foundation d/b/a Burke Center for Youth's Brief Regarding Supplemental Authority by The Burke Foundation. (Attachments: # 1 Exhibit A- Defendant The Burke Foundation d/b/a Burke Center for Youth's Brief Regarding Supplemental Authority)(Bragalone, Robert) (Entered: 02/03/2021)

1 Exhibit A- Defendant The Burke Foundation d/b/a Burke Center for Youth's Br

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REPLY to Response to Motion, filed by G. A., T. S., re 39 Opposed MOTION to Compel Written Discovery filed by Plaintiff T. S., Plaintiff G. A. (Eisenbrey, Rebecca) (Entered: 02/03/2021)

Response in Opposition to Motion, filed by G. A., T. S., re 42 MOTION for Leave to File Defendant The Burke Foundation d/b/a Burke Center for Youth's Brief Regarding Supplemental Authority filed by Defendant The Burke Foundation (Attachments: # 1 Proposed Order)(Eisenbrey, Rebecca) (Entered: 02/10/2021)

Defendant's Brief Regarding Supplemental Authority. (cc3) (Entered: 02/22/2021)

ORDER GRANTING 22 Motion for Notice to proposed FLSA Class Members Signed by Judge Robert Pitman. (cc3) Modified on 2/23/2021 to correct text.(cc3). (Entered: 02/22/2021)

Text Order GRANTING 42 Motion for Leave to File entered by Judge Robert Pitman. Defendant is granted leave to file the supplemental brief attached as an exhibit to its motion, (Dkt. 42-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Order on Motion for Leave to File

ADVISORY TO THE COURT by G. A., T. S. (Joint Advisory Regarding ADR Report). (Bocchini, Anna) (Entered: 02/26/2021)

Agreed MOTION for Protective Order and Confidentiality Agreement by The Burke Foundation. (Attachments: # 1 Proposed Order)(Bragalone, Robert) (Entered: 03/15/2021)

Joint MOTION to Extend Scheduling Order Deadlines (Joint Proposed FLSA Notice Plan and Motion to Amend Scheduling Order) by G. A., T. S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order Joint Proposed Amended Scheduling Order)(Bocchini, Anna) (Entered: 03/15/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Proposed Order Joint Proposed Amended Scheduling Order

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ORDER GRANTING 49 Motion to Extend Scheduling Order Deadlines ADR Report Deadline due by 6/7/2021. Signed by Judge Robert Pitman. (cc3) (Entered: 06/02/2021)

ORDER GRANTING 48 Motion for Protective Order and Confidentiality Agreement by The Burke Foundation. Signed by Judge Robert Pitman. (cc3) (Entered: 06/02/2021)

ADR Report Filed - Joint ADR Report Pursuant to LR CV-88 by G. A., T. S.(Bocchini, Anna) (Entered: 06/07/2021)

NOTICE of Commencement of FLSA Notice Period by G. A., T. S. (Bocchini, Anna) (Entered: 06/23/2021)

ORDER GRANTING 39 Motion to Compel. Signed by Judge Robert Pitman. (cc3) (Entered: 06/29/2021)

NOTICE of Filing FLSA Opt-in Consent Form by G. A., T. S. (Attachments: # 1 Exhibit A)(Bocchini, Anna) (Entered: 07/12/2021)

NOTICE of Filing FLSA Opt-in Consent Form by G. A., T. S. (Attachments: # 1 Exhibit A)(Bocchini, Anna) (Entered: 07/15/2021)

NOTICE of Attorney Appearance by Colleen Anne Mulholland on behalf of G. A., T. S.. Attorney Colleen Anne Mulholland added to party G. A.(pty:pla), Attorney Colleen Anne Mulholland added to party T. S.(pty:pla) (Mulholland, Colleen) (Entered: 07/16/2021)

MOTION to Withdraw as Attorney by G. A., T. S.. (Eisenbrey, Rebecca) (Entered: 07/23/2021)

NOTICE of Filing FLSA Opt-in Consent Form of B.D. through his next friend K.S.M. by G. A., T. S. (Attachments: # 1 Exhibit A)(Bocchini, Anna) (Entered: 07/30/2021)

NOTICE of Attorney Appearance by Caitlin Boehne on behalf of T. S.. Attorney Caitlin Boehne added to party T. S.(pty:pla) (Boehne, Caitlin) (Entered: 08/03/2021)

Text Order GRANTING 58 Motion to Withdraw as Attorney entered by Judge Robert Pitman. Because Defendant did not timely file a response, the Court considers the motion to be unopposed and grants the motion as such. W.D. Tex. Loc. R. CV-7(e). Accordingly, Rebecca Eisenbrey is WITHDRAWN as counsel of record for Plaintiffs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fw)

Order on Motion to Withdraw as Attorney

NOTICE of Filing FLSA Opt-in Consent Forms (N.W. through S.D.; K.H.; and R.F.) by G. A., T. S. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bocchini, Anna) (Entered: 09/08/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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NOTICE of Filing of Consents for FLSA Opt-in Plaintiffs by G. A., T. S. (Attachments: # 1 Exhibit A (E.M. Consent), # 2 Exhibit B (A.J. through C.C. Consent), # 3 Exhibit C (S.L. through R.L. Consent), # 4 Exhibit D (C.W. through C.B. Consent))(Bocchini, Anna) (Entered: 09/17/2021)

NOTICE of Filing FLSA Opt-in Consent Form by G. A., T. S. (Attachments: # 1 Exhibit A (C.C. Consent))(Bocchini, Anna) (Entered: 09/20/2021)

NOTICE of Filing of Consents for FLSA Opt-in Plaintiffs by G. A., T. S. (Attachments: # 1 Exhibit A (C.S. through M.J. Consent), # 2 Exhibit B (M.O. through J.A. Consent), # 3 Exhibit C (J.P. Consent), # 4 Exhibit D (M.D. through G.A. Consent), # 5 Exhibit E (C.L. through J.R. Consent))(Boehne, Caitlin) (Additional attachment(s) added on 4/13/2022: # 6 Exhibit A (Attachement to dkt 68 granted 04/12/22), # 7 Exhibit A (Attachement to dkt 73 granted 04/12/22), # 8 Exhibit B (Attachement to dkt 73 granted 04/12/22)) (klw). (Entered: 09/21/2021)

Opposed MOTION to supplement re 46 Order on Motion for Miscellaneous Relief Supplemental FLSA Notice by G. A., T. S.. (Attachments: # 1 Proposed Order)(Bocchini, Anna) (Entered: 09/21/2021)

Response in Opposition to Motion, filed by The Burke Foundation, re 65 Opposed MOTION to supplement re 46 Order on Motion for Miscellaneous Relief Supplemental FLSA Notice filed by Plaintiff T. S., Plaintiff G. A. [Defendant The Burke Foundation d/b/a Burke Center for Youth's Response to Plaintiffs' Motion for Supplemental FLSA Notice (Bragalone, Robert) (Entered: 10/05/2021)

REPLY to Response to Motion, filed by G. A., T. S., re 65 Opposed MOTION to supplement re 46 Order on Motion for Miscellaneous Relief Supplemental FLSA Notice filed by Plaintiff T. S., Plaintiff G. A. (Bocchini, Anna) (Additional attachment(s) added on 4/13/2022: # 1 SEALED Exhibit A) (klw). (Entered: 10/12/2021)

Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Bocchini, Anna) (Entered: 10/12/2021)

Opposed MOTION for Leave to File FLSA Opt-in Consent Form by G. A., T. S.. (Attachments: # 1 Exhibit A (M.M. Consent), # 2 Exhibit B (Declaration of Colleen Mulholland), # 3 Proposed Order)(Bocchini, Anna) (Entered: 10/26/2021)

Joint MOTION to Extend Scheduling Order Deadlines Pending Ruling on Plaintiffs' Motion for Supplemental FLSA Notice (Doc 65) by G. A., T. S.. (Attachments: # 1 Proposed Order)(Bocchini, Anna) (Entered: 11/02/2021)

ORDER GRANTING 70 Motion to Extend Scheduling Order Deadlines Signed by Judge Robert Pitman. (cc3) (Entered: 11/04/2021)

SUPPLEMENT to 69 Opposed MOTION for Leave to File FLSA Opt-in Consent Form (Refiled Ex. A (Doc. 69-1), CORRECTED to fully redact sensitive information) by G. A., T. S.. (Bocchini, Anna) (Entered: 11/23/2021)

Unopposed MOTION for Leave to File Late FLSA Opt-in Consent Forms of K.S. and J.B. by G. A., T. S.. (Attachments: # 1 Exhibit A (K.S. Consent Form), # 2 Exhibit B (J.B. Consent Form), # 3 Proposed Order)(Bocchini, Anna) (Entered: 11/23/2021)

Text Order GRANTING 68 Unopposed Motion for Leave to File Sealed Document entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file File Exhibit A to Plaintiffs' Reply in Support of Their Motion for Supplemental FLSA Notice, (Dkt. 68-1), under seal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Text Order GRANTING 73 Unopposed Motion for Leave to File Late FLSA Opt-in Consent Forms of K.S. and J.B. entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file K.S. and J.B.'s consent forms. (Dkts. 73-1, 73-2). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Text Order GRANTING 69 Unopposed Motion for Leave to File Late FLSA Opt-in Consent Form of M.M. entered by Judge Robert Pitman. In light of Plaintiffs' counsel's subsequent representation that this motion is unopposed, (see Dkt. 73, at 6), IT IS ORDERED that the Clerk of Court shall file M.M.'s consent form. (Dkt. 69-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Order on Motion for Leave to File Sealed Document

Order on Motion for Leave to File

ORDER SETTING HEARING FOR TELEPHONE CONFERENCE by phone for 5/11/2022 at 10:10 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (cc3) (Entered: 05/03/2022)

ORDER CANCELLING TELEPHONE CONFERENCE for 5/11/22 at 10am. Signed by Judge Robert Pitman. (cc3) (Entered: 05/09/2022)

ORDER, (Telephone Conference set for 6/7/2022 10:00 AM before Judge Robert Pitman). Signed by Judge Robert Pitman. (bot2) (Entered: 05/25/2022)

NOTICE of Attorney Appearance by Erin Elizabeth Drumm on behalf of The Burke Foundation. Attorney Erin Elizabeth Drumm added to party The Burke Foundation(pty:dft) (Drumm, Erin) (Entered: 05/26/2022)