Case: Oliveira v. New Prime, Inc.

1:15-cv-10603 | U.S. District Court for the District of Massachusetts

Filed Date: March 4, 2015

Closed Date: May 19, 2021

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) This case concerns efforts to force independent contractors who work in transportation to be forced into mandatory arbitration. Individual plaintiff, a truck driver, filed a class action suit in the U.S. District Court for the District of Massachusetts, alleging that New Prime misclassified him as a contractor to underpay him, a violation of labor law.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5141054/parties/oliveira-v-new-prime-inc/


Judge(s)
Attorney for Plaintiff

Bennett, Jennifer

Casavant, Brant

Crimmins, Virginia Stevens (Massachusetts)

Attorney for Defendant

Borgonzi, Jill M.

Boutrous, Theodore J.

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:15-cv-10603

Class and Collective Action Complaint

March 4, 2015

March 4, 2015

Complaint
60

1:15-cv-10603

Memorandum and Order

Oct. 27, 2015

Oct. 27, 2015

Order/Opinion

141 F.Supp.3d 125

217

1:15-cv-10603

Memorandum and Order

Dec. 9, 2019

Dec. 9, 2019

Order/Opinion

141 F.Supp.3d 125

279-1

1:15-cv-10603

Proposed Final Settlement Approval Order

Jan. 6, 2021

Jan. 6, 2021

Settlement Agreement
288

1:15-cv-10603

Plaintiffs' Assented-To Filing– Proposed Orders

Jan. 22, 2021

Jan. 22, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5141054/oliveira-v-new-prime-inc/

Last updated Aug. 21, 2025, 12:55 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against New Prime, Inc., filed by Dominic Oliveira. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1)(Maynard, Timothy) (Entered: 03/04/2015)

1 Civil Cover Sheet

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2 Exhibit 1

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March 4, 2015

March 4, 2015

Clearinghouse
2

ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Abaid, Kimberly) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
3

Filing fee/payment: $ 400.00, receipt number 1BST048337 for 1 Complaint (Caruso, Stephanie) (Entered: 03/05/2015)

March 4, 2015

March 4, 2015

PACER
4

MOTION for Admission as to Hillary S. Cheng by Dominic Oliveira.(Geraldino-Karasek, Clarilde) (Entered: 03/09/2015)

March 4, 2015

March 4, 2015

PACER
5

NOTICE of Appearance by Adam B. Zimmerman on behalf of Dominic Oliveira (Zimmerman, Adam) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
6

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Schmidt Filing fee: $ 100, receipt number 0101-5488836 by Dominic Oliveira. (Attachments: # 1 Affidavit Affidavit of Pro Hac Vice applicant Andrew Schmidt)(Zimmerman, Adam) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

PACER
8

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 7 Motion for Leave to Appear Pro Hac Vice Added Andrew Schmidt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Geraldino-Karasek, Clarilde) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

PACER
9

MOTION to Withdraw of Hillary S. Cheng as Attorney by Dominic Oliveira.(Schmidt, Andrew) Modified docket text in accordance with motion filed on 4/28/2015 (Geraldino-Karasek, Clarilde). (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
10

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 9 Motion to Withdraw as Attorney Hillary S. Cheng. (Geraldino-Karasek, Clarilde) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
11

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered finding as moot 4 Motion for Limited Admission (Geraldino-Karasek, Clarilde) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER

Order on Motion for Limited Admission

April 28, 2015

April 28, 2015

PACER

Order on Motion to Withdraw as Attorney

April 28, 2015

April 28, 2015

PACER
12

Joint MOTION for Extension of Time to 06/08/2015 to Defendant to File its Answer or Otherwise Plead to Plaintiff's Complaint by New Prime, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order on Joint Motion for Extension of Time for Defenant to File Its Answer or Otherwise Plead to Plaintiff's Complaint)(Leggett, Judith) (Entered: 05/08/2015)

1 Text of Proposed Order Proposed Order on Joint Motion for Extension of Time for

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May 8, 2015

May 8, 2015

PACER
13

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 12 Joint MOTION for Extension of Time to 06/08/2015 to Defendant to File its Answer or Otherwise Plead to Plaintiff's Complaint by Judith A. Leggett on behalf of New Prime, Inc.. (Leggett, Judith) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
14

CORPORATE DISCLOSURE STATEMENT by New Prime, Inc.. (Leggett, Judith) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
15

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 12 Joint MOTION Motion for Extension of Time. Answer due by 06/08/2015 (Geraldino-Karasek, Clarilde) (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER

Order on Motion for Extension of Time

May 11, 2015

May 11, 2015

PACER
16

Joint MOTION for Extension of Time to 06/15/2015 to Defendant to Respond to Complaint by New Prime, Inc.. (Attachments: # 1 Exhibit Exhibit A. L.R. 7.1 Cert, # 2 Text of Proposed Order Proposed Order on Joint Motion To Extend Time for Defendant to Respond to Complaint)(Leggett, Judith) (Entered: 06/04/2015)

1 Exhibit Exhibit A. L.R. 7.1 Cert

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2 Text of Proposed Order Proposed Order on Joint Motion To Extend Time for Defenda

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June 4, 2015

June 4, 2015

PACER
17

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 16 Joint MOTION for Extension of Time to 06/15/2015 to Defendant to Respond to Complaint by Judith A. Leggett on behalf of New Prime, Inc.. (Leggett, Judith) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
18

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 16 Motion for Extension of Time (Geraldino-Karasek, Clarilde) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER

Order on Motion for Extension of Time

June 5, 2015

June 5, 2015

PACER
19

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Robert J. Hingula Filing fee: $ 100, receipt number 0101-5605919 by New Prime, Inc.. (Attachments: # 1 Affidavit Certificate (Affidavit) of Robert Hingula of Good Standing, # 2 Exhibit State of Missouri Certificate of Good Standing for Robert Hingula)(Leggett, Judith) (Entered: 06/11/2015)

1 Affidavit Certificate (Affidavit) of Robert Hingula of Good Standing

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2 Exhibit State of Missouri Certificate of Good Standing for Robert Hingula

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June 11, 2015

June 11, 2015

PACER
20

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 for Motion for Pro Hac Vice Admission of Robert Hingula by Judith A. Leggett on behalf of New Prime, Inc.. (Leggett, Judith) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
21

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James Sullivan Filing fee: $ 100, receipt number 0101-5605921 by New Prime, Inc.. (Attachments: # 1 Affidavit Certificate (Affidavit) of Good Standing of James Sullivan, # 2 Exhibit State of Missouri Certificate of Good Standing for James Sullivan)(Leggett, Judith) (Entered: 06/11/2015)

1 Affidavit Certificate (Affidavit) of Good Standing of James Sullivan

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2 Exhibit State of Missouri Certificate of Good Standing for James Sullivan

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June 11, 2015

June 11, 2015

PACER
22

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 for Motion for Pro Hac Vice Admission of James Sullivan for Defendant by Judith A. Leggett on behalf of New Prime, Inc.. (Leggett, Judith) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
23

Certificate of Good Standing of Robert Hingula for Pro Hac Vice Admission for Defendant by New Prime, Inc.. (Leggett, Judith) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
24

MOTION Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim by New Prime, Inc..(Leggett, Judith) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
25

MEMORANDUM in Support re 24 MOTION Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim filed by New Prime, Inc.. (Attachments: # 1 Exhibit Exhibit A, 5/31/13 Independant Operating Agreement, # 2 Exhibit Exhibit B, 3/12/14 Independant Operating Agreement, # 3 Exhibit Exhibit C, Missouri Secretary of State Filing)(Leggett, Judith) (Entered: 06/15/2015)

1 Exhibit Exhibit A, 5/31/13 Independant Operating Agreement

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2 Exhibit Exhibit B, 3/12/14 Independant Operating Agreement

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3 Exhibit Exhibit C, Missouri Secretary of State Filing

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June 15, 2015

June 15, 2015

PACER
26

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 regarding Defendants Motion to Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim by Judith A. Leggett on behalf of New Prime, Inc.. (Leggett, Judith) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
27

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 19 Motion for Leave to Appear Pro Hac Vice Added Robert J. Hingula. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Geraldino-Karasek, Clarilde) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
28

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 21 Motion for Leave to Appear Pro Hac Vice Added James C. Sullivan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Geraldino-Karasek, Clarilde) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
29

EXHIBIT A, 5-31-13 Independant Operating Agreement (refiled to include signature page omitted from prior exhibit filed) by New Prime, Inc.. (Leggett, Judith) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER

Order on Motion for Leave to Appear

June 16, 2015

June 16, 2015

PACER

Order on Motion for Leave to Appear

June 16, 2015

June 16, 2015

PACER
30

NOTICE of Appearance by Robert J. Hingula on behalf of New Prime, Inc. (Hingula, Robert) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

PACER
31

Assented-to MOTION for Extension of Time to 7/20/2015 to File Response/Reply as to 24 MOTION Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim by Dominic Oliveira. (Attachments: # 1 Exhibit A)(Schmidt, Andrew) Modified docket text on 6/30/2015 to add " Assented-to "(Geraldino-Karasek, Clarilde). (Entered: 06/29/2015)

1 Exhibit A

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June 29, 2015

June 29, 2015

PACER
32

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 31 Motion for Extension of Time to File Response/Reply re 24 MOTION Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim Responses due by 7/20/2015 (Geraldino-Karasek, Clarilde) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER

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

July 2, 2015

July 2, 2015

PACER
33

AMENDED COMPLAINT First against Dominic Oliveira, filed by Dominic Oliveira. (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 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Schmidt, Andrew) (Entered: 07/06/2015)

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 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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July 6, 2015

July 6, 2015

PACER
34

Joint MOTION to Withdraw 24 MOTION Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim by Dominic Oliveira. (Attachments: # 1 Exhibit A)(Schmidt, Andrew) (Entered: 07/09/2015)

1 Exhibit A

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July 9, 2015

July 9, 2015

PACER
38

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 34 Joint MOTION to Withdraw 24 MOTION Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim (Geraldino-Karasek, Clarilde) (Entered: 07/20/2015)

July 16, 2015

July 16, 2015

PACER
39

WITHDRAWAL of motion: 24 MOTION Compel Arbitration and Stay Proceedings and/or Dismiss Case for Improper Venue or, in the Alternative, to Dismiss for Failure to State A Claim filed by New Prime, Inc.. (Geraldino-Karasek, Clarilde) (Entered: 07/20/2015)

July 16, 2015

July 16, 2015

PACER
35

MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim by New Prime, Inc..(Hingula, Robert) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
36

MEMORANDUM in Support re 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim filed by New Prime, Inc.. (Attachments: # 1 Exhibit A - May 2013 Independent Contractor Operating Agreement, # 2 Exhibit B - March 2014 Independent Contractor Operating Agreement, # 3 Exhibit C - Missouri Secretary of State Filing)(Hingula, Robert) (Entered: 07/20/2015)

1 Exhibit A - May 2013 Independent Contractor Operating Agreement

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2 Exhibit B - March 2014 Independent Contractor Operating Agreement

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3 Exhibit C - Missouri Secretary of State Filing

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July 20, 2015

July 20, 2015

PACER
37

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim by Robert J. Hingula on behalf of New Prime, Inc. filed by on behalf of New Prime, Inc.. (Hingula, Robert) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER

Order on Motion to Withdraw

July 20, 2015

July 20, 2015

PACER
40

MEMORANDUM in Opposition re 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim filed by Dominic Oliveira. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Schmidt, Andrew) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
41

NOTICE of Appearance by Hillary A. Schwab on behalf of Dominic Oliveira (Schwab, Hillary) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
42

NOTICE of Appearance by Brant Casavant on behalf of Dominic Oliveira (Casavant, Brant) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
43

ELECTRONIC NOTICE Setting Hearing on Motion 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim : Motion Hearing set for 9/15/2015 03:00 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
44

MOTION to Withdraw as Attorney by Dominic Oliveira. (Attachments: # 1 Exhibit)(Schmidt, Andrew) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
45

MOTION to Withdraw as Attorney by Dominic Oliveira. (Attachments: # 1 Exhibit)(Schmidt, Andrew) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
46

NOTICE: If parties request a continuance of a Motion hearing scheduled for 9/15/15 a Joint Motion to continue must be filed. Counsel may propose a few dates that both sides are available. (Molloy, Maryellen) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
47

Joint MOTION to Continue Hearing on Motion to Compel Arbitration to September 21, 22 or 28, 2015 by New Prime, Inc..(Hingula, Robert) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
48

MOTION for Leave to File (Unopposed) Reply in Support of Motion to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim by New Prime, Inc.. (Attachments: # 1 Exhibit A - proposed Reply in Support of Motion to Compel Arbitration)(Hingula, Robert) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
49

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 48 MOTION for Leave to File (Unopposed) Reply in Support of Motion to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim by Robert J. Hingula on behalf of New Prime, Inc. filed by on behalf of New Prime, Inc.. (Hingula, Robert) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
50

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 48 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Molloy, Maryellen) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
51

REPLY to Response to 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim filed by New Prime, Inc.. (Attachments: # 1 Exhibit 1 - Hallmark Trucking LLC Articles of Organization)(Hingula, Robert) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER

Order on Motion for Leave to File Document

Aug. 17, 2015

Aug. 17, 2015

PACER
52

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 47 Motion to Continue Hearing on Motion to Compel Arbitration (Geraldino-Karasek, Clarilde) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
53

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 44 Motion to Withdraw as Attorney. Attorney Adam B. Zimmerman terminated; granting 45 Motion to Withdraw as Attorney. Attorney Adam B. Zimmerman terminated (Geraldino-Karasek, Clarilde) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

Aug. 28, 2015

Aug. 28, 2015

PACER

Order on Motion to Continue

Aug. 28, 2015

Aug. 28, 2015

PACER
54

ELECTRONIC NOTICE Resetting Hearing on Motion 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim : Motion Hearing set for 9/22/2015 09:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
55

ELECTRONIC NOTICE Resetting **** TIME ONLY **** Hearing on Motion 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim : Motion Hearing RESET from 9:00AM to 11:00AM on 9/22/2015 in Courtroom 19 before Chief Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
56

ELECTRONIC Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Motion Hearing held on 9/22/2015 re 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim filed by New Prime, Inc...any supplemental briefs to be file by 10/7/15 no more than 5 pages, all matter's taken under advisement. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) Modified on 9/23/2015 (Molloy, Maryellen). (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
57

Supplemental SUR-REPLY to Motion re 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim filed by Dominic Oliveira. (Schmidt, Andrew) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
58

Supplemental SUR-REPLY to Motion re 35 MOTION to Compel Arbitration and Stay Proceedings and/or Dismiss Amended Complaint for Improper Venue or, in the Alternative, to Dismiss Count III for Failure to State a Claim filed by New Prime, Inc.. (Hingula, Robert) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
59

NOTICE by Dominic Oliveira of Tolling Agreement (Schwab, Hillary) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
60

Chief Judge Patti B. Saris: MEMORANDUM and ORDER entered. The defendant's motion to compel arbitration and stay proceedings, and/or dismiss the case for improper venue, or, in the alternative, to dismiss Count III for failure to state a claim (Docket No. 35 ) is DENIED without prejudice. The parties may conduct factual discovery on the threshold question of the plaintiff's status as an employee or independent contractor until January 8, 2016. Any motions for summary judgment shall be filed by January 22, 2016. (Geraldino-Karasek, Clarilde)

Oct. 27, 2015

Oct. 27, 2015

Clearinghouse
61

SET DEADLINES : Factual discovery on the threshold question of the plaintiff's status as an employee or independent contractor due by 1/8/2016. Motions for Summary Judgment due by 1/22/2016. (Geraldino-Karasek, Clarilde) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
62

NOTICE OF APPEAL as to 60 Order on Motion to Compel,, by New Prime, Inc. Filing fee: $ 505, receipt number 0101-5840708 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 12/2/2015. (Hingula, Robert) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
63

MOTION to Stay Litigation Pending Appeal by New Prime, Inc..(Hingula, Robert) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
64

MEMORANDUM in Support re 63 MOTION to Stay Litigation Pending Appeal filed by New Prime, Inc.. (Hingula, Robert) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
65

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 64 Memorandum in Support of Motion, 63 MOTION to Stay Litigation Pending Appeal by Robert J. Hingula on behalf of New Prime, Inc. filed by on behalf of New Prime, Inc.. (Hingula, Robert) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
66

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 62 Notice of Appeal. (Paine, Matthew) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
67

USCA Case Number 15-2364 for 62 Notice of Appeal filed by New Prime, Inc.. (Paine, Matthew) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
68

Joint MOTION to Stay of Discovery Pending Motion to Stay and Continuance of Deadlines by New Prime, Inc..(Hingula, Robert) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
69

Opposition re 63 MOTION to Stay Litigation Pending Appeal filed by Dominic Oliveira. (Schwab, Hillary) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
70

Chief Judge Patti B. Saris: ENDORSED ORDER entered " ALLOWED pending a determination by the First Circuit as to whether the District Court should determine the therehold issue of arbitrability " re 63 Motion to Stay (Geraldino-Karasek, Clarilde) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
71

Supplemental Record on Appeal transmitted to US Court of Appeals re 62 Notice of Appeal Documents included: ECF nos. 63,64,65,69,70 (Paine, Matthew) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
72

Chief Judge Patti B. Saris: ELECTRONIC ORDER entered finding as moot 68 oint MOTION to Stay of Discovery Pending Motion to Stay and Continuance of Deadlines. Pursuant to Order 70 entered. (Geraldino-Karasek, Clarilde) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

PACER

Order on Motion to Stay

Dec. 31, 2015

Dec. 31, 2015

PACER
73

OPINION of USCA as to 62 Notice of Appeal filed by New Prime, Inc.. (Paine, Matthew) (Entered: 05/16/2017)

May 12, 2017

May 12, 2017

PACER
74

USCA Judgment as to 62 Notice of Appeal filed by New Prime, Inc. AFFIRMED (Paine, Matthew) (Entered: 05/16/2017)

May 12, 2017

May 12, 2017

PACER
75

NOTICE of Appearance by Joshua S. Lipshutz on behalf of New Prime, Inc. (Lipshutz, Joshua) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
76

MANDATE of USCA as to 62 Notice of Appeal filed by New Prime, Inc.. Appeal 62 Terminated (Paine, Matthew) (Entered: 07/07/2017)

July 6, 2017

July 6, 2017

PACER
77

NOTICE of Withdrawal of Appearance by James C. Sullivan (Sullivan, James) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
78

NOTICE of Withdrawal of Appearance by Judith A. Leggett (Leggett, Judith) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
79

MOTION for Initial Scheduling Conference by Dominic Oliveira.(Schwab, Hillary) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
80

NOTICE of Withdrawal of Appearance by Robert J. Hingula (Hingula, Robert) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
81

Opposition re 79 MOTION for Initial Scheduling Conference filed by New Prime, Inc.. (Lipshutz, Joshua) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
82

MOTION to Stay (to Extend Stay) by New Prime, Inc..(Lipshutz, Joshua) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
83

MEMORANDUM in Support re 82 MOTION to Stay (to Extend Stay) filed by New Prime, Inc.. (Lipshutz, Joshua) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
84

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 82 MOTION to Stay (to Extend Stay) by Joshua S. Lipshutz on behalf of New Prime, Inc.. (Lipshutz, Joshua) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
85

ELECTRONIC NOTICE Setting Hearing on Motion : 82 MOTION to Extend Stay : Motion Hearing set for 8/16/2017 10:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
86

NOTICE of Scheduling Conference: SCHEDULING CONFERENCE SET FOR 8/16/2017 10:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
87

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Amanda C. Machin Filing fee: $ 100, receipt number 0101-6747729 by New Prime, Inc.. (Attachments: # 1 Affidavit of Amanda C. Machin)(Lipshutz, Joshua) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
88

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 87 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Amanda C. Machin Filing fee: $ 100, receipt number 0101-6747729 by Joshua S. Lipshutz on behalf of New Prime, Inc.. (Lipshutz, Joshua) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Labor Rights

Key Dates

Filing Date: March 4, 2015

Closing Date: May 19, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New Prime, Inc. (Springfield, Missouri), Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree