Case: Morgan v. Sundance, Inc.

Legal Defense Fund

COMPLAINT and Jury Demand against Sundance, Inc.,Filing fee paid in the amount of $400, receipt number 0863-3605766 filed by Robyn Morgan. Notice of Dismissal for lack of Service deadline set for 12/24/2018. Rule 16 Notice of Dismissal set for 12/24/2018.(Fiedler, Paige) Modified on 9/25/2018, added payment information (kjw). (Entered: 09/25/2018)

SUMMONS Returned Executed by Robyn Morgan. Sundance, Inc. served on 9/27/2018, answer due 10/18/2018. (Fiedler, Paige) (Entered: 09/28/2018)

TEXT ORDER: ORDER granting 3 defendant Sundance, Inc.'s unopposed motion for an extension of time to answer or otherwise plead to plaintiff's complaint. Defendant shall have until 11/8/2018 to move or plead in response to the complaint. Signed by Chief Magistrate Judge Helen C. Adams on 10/18/2018.(kln) (Entered: 10/18/2018)

Unresisted MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead to Plaintiff's Complaint by Sundance, Inc..Motions referred to Helen C. Adams. (Driscoll, Kevin) (Entered: 10/18/2018)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3635759 Fee paid in the amount of $100. by Sundance, Inc.. (Fanning, Scott) (Entered: 10/29/2018)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3635753 Fee paid in the amount of $100. by Sundance, Inc.. (Rice, Joel) (Entered: 10/29/2018)

TEXT ORDER granting 5 Motion for Leave to Appear Pro Hac Vice Joel W. Rice; granting 6 Motion for Leave to Appear Pro Hac Vice Scott C. Fanning. Signed by Chief Magistrate Judge Helen C. Adams on 10/30/2018. (kjw) (Entered: 10/30/2018)

MOTION to Dismiss or, Alternatively Stay by Sundance, Inc.. Responses due by 11/23/2018. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Complaint, # 3 Exhibit B - Flanagan Amended Complaint, # 4 Exhibit C - Stipulated Order, # 5 Appendix Unpublished Case Law)(Rice, Joel) (Entered: 11/08/2018)

Corporate Disclosure/Statement of Interest by Sundance, Inc.. (Rice, Joel) (Entered: 11/08/2018)

RESPONSE to Motion re 9 MOTION to Dismiss or, Alternatively Stay filed by Robyn Morgan. Replies due by 11/28/2018. (Attachments: # 1 Exhibit)(Fiedler, Paige) (Entered: 11/21/2018)

REPLY re 9 MOTION to Dismiss or, Alternatively Stay filed by Sundance, Inc.. (Attachments: # 1 Exhibit A - Declaration of Joel W. Rice, # 2 Exhibit B - Email of 08.03.18, # 3 Exhibit C - Plaintiff's Brief in Wood et al v. Sundance case, # 4 Appendix Unpublished Case Law)(Rice, Joel) (Entered: 11/28/2018)

NOTICE of Appearance by Madison Elizabeth Fiedler-Carlson on behalf of Robyn Morgan (Fiedler-Carlson, Madison) (Entered: 11/30/2018)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3668170 Fee paid in the amount of $100. by Robyn Morgan. (Ash, Charles) (Entered: 12/05/2018)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3668163 Fee paid in the amount of $100. by Robyn Morgan. (Thompson, Jason) (Entered: 12/05/2018)

TEXT ORDER granting 13 Motion for Leave to Appear Pro Hac Vice Jason J. Thompson; granting 14 Motion for Leave to Appear Pro Hac Vice Charles R. Ash, IV. Signed by Chief Magistrate Judge Helen C. Adams on 12/6/2018. (kjw) (Entered: 12/06/2018)

ORDER denying 9 Motion to Dismiss or Stay. Signed by Chief Judge John A. Jarvey on 3/5/2019. (ggp) (Entered: 03/05/2019)

ANSWER to Complaint and Notice of Affirmative Defenses by Sundance, Inc..(Rice, Joel) (Entered: 03/19/2019)

TEXT ORDER SETTING SCHEDULING CONFERENCE. A Scheduling Conference shall be held on 4/12/2019 at 10:30 AM before Chief Magistrate Judge Helen C. Adams in Room 420 at the Des Moines Courthouse. Counsel outside of Des Moines may attend telephonically. If they choose to do so, counsel should call 1-877-336-1829 and enter access code 1176783 at the prompt to be joined with the call. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 4/8/2019. Signed by Chief Magistrate Judge Helen C. Adams on 3/20/2019. (imk) (Entered: 03/20/2019)

~Util - Set Deadlines/Hearings

Order

TEXT ORDER CONTINUING SCHEDULING CONFERENCE. Due to an impending settlement conference, the scheduling conference set for 4/12/2019 at 10:30 AM is continued to 5/1/2019 at 10:00 AM. All previous conditions regarding appearance remain unchanged.The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 4/26/2019. Signed by Chief Magistrate Judge Helen C. Adams on 3/25/2019. (imk) (Entered: 03/25/2019)

Order

TEXT ORDER CONTINUING SCHEDULING CONFERENCE. As discussed with counsel via email, the Scheduling Conference originally set for 5/1/2019 at 10:00 AM is continued to 5/8/2019 at 10:00 AM. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 5/3/2019. All previous conditions regarding personal or telephonic appearance remain unchanged. Signed by Chief Magistrate Judge Helen C. Adams on 4/26/2019. (imk) (Entered: 04/26/2019)

Order

TEXT ORDER CONTINUING SCHEDULING CONFERENCE. Due to the recently filed Motion at Docket No. 21, the Scheduling Conference originally set for 5/8/2019 is continued to 7/8/2019 at 10:00 AM. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 7/4/2019. All previous conditions regarding personal or telephonic appearance remain unchanged. Signed by Chief Magistrate Judge Helen C. Adams on 5/3/2019. (imk) (Entered: 05/03/2019)

~Util - Set Hearings

Order

MOTION to Compel Individual Arbitration and Dismiss Plaintiff's Complaint by Sundance, Inc..Motions referred to Helen C. Adams. Responses due by 5/17/2019. (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion to Compel Arbitration and Dismiss, # 2 Exhibit A - Application, # 3 Exhibit B - Declaration of Kenneth Petty, # 4 Exhibit C - Complaint)(Rice, Joel) (Entered: 05/03/2019)

RESPONSE to Motion re 21 MOTION to Compel Individual Arbitration and Dismiss Plaintiff's Complaint filed by Robyn Morgan. Replies due by 5/24/2019. (Attachments: # 1 Exhibit A - Expert Retainer Agreement, # 2 Exhibit B - April 22, 2019 Email)(Ash, Charles) (Entered: 05/17/2019)

NOTICE of Consent(s) by Robyn Morgan (Attachments: # 1 Exhibit Consents)(Ash, Charles) (Entered: 05/17/2019)

MOTION to file overlength brief for Defendant's Reply In Further Support of its Motion to Compel Arbitration by Sundance, Inc..Motions referred to Helen C. Adams. Responses due by 6/7/2019. (Attachments: # 1 Brief in Support Defendant's Reply Brief In Further Support of Motion to Compel Arbitration)(Rice, Joel) (Entered: 05/24/2019)

REPLY re 21 MOTION to Compel Individual Arbitration and Dismiss Plaintiff's Complaint filed by Sundance, Inc..(Rice, Joel) (Entered: 05/28/2019)

File Overlength Brief

TEXT ORDER granting 25 Motion to file overlength brief. Defendant may file its overlength reply brief. Signed by Chief Magistrate Judge Helen C. Adams on 5/28/2019. (imk) (Entered: 05/28/2019)

ORDER denying 21 Motion to Compel Individual Arbitration And Dismiss Plaintiff's Complaint. Signed by Chief Judge John A. Jarvey on 6/28/2019. (mem) (Entered: 06/28/2019)

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Ash, Charles) (Entered: 07/04/2019)

TEXT ORDER finding as moot 29 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN. Due to Defendant's Notice of Appeal 30, the proposed scheduling order and discovery plan is moot. The Court will revisit deadlines after Defendant's appeal has been resolved. Signed by Chief Magistrate Judge Helen C. Adams on 7/8/2019. (imk) (Entered: 07/08/2019)

Proposed Scheduling Order and Discovery Plan

Scheduling Conference

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Scheduling Conference held on 7/8/2019. Attorneys Madison Fiedler-Carlson and Charles Ash appeared for plaintiff. Attorney Joel W. Rice appeared for defendant. Status of case discussed. Separate order to follow. Total Court Time: 6 minutes. (imk) (Entered: 07/08/2019)

NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re 30 Notice of Appeal filed on 7/8/2019. (vr) (Entered: 07/08/2019)

NOTICE OF APPEAL as to 28 Order on Motion to Compel by Sundance, Inc.. Fee paid in the amount of $505 receipt number 0863-3860746. (Rice, Joel) (Entered: 07/08/2019)

USCA Scheduling Order as to 30 Notice of Appeal filed by Sundance, Inc. (vr) (Entered: 07/09/2019)

USCA Case Number 19-2435 for 30 Notice of Appeal filed by Sundance, Inc. (vr) (Entered: 07/09/2019)

NOTICE by Robyn Morgan - Second Notice of Filing Consent to Join Collective Action (Attachments: # 1 Exhibit Consent to Join)(Ash, Charles) (Entered: 09/10/2019)

*VACATED and REMANDED per entry 42* OPINION/JUDGMENT of USCA advising the judgment of the district court is reversed and remanded as to 30 Notice of Appeal filed by Sundance, Inc. Mandate to issue in 14 days. (Attachments: # 1 Opinion, # 2 Judgment) (vr) Modified on 6/28/2022 (vr). (Entered: 04/05/2021)

ORDER. Defendant's 21 Motion To Compel Individual Arbitration And Dismiss Plaintiff's Complaint is granted to the extent that the parties are ordered to arbitrate the plaintiff's individual claims, and this action is stayed pending completion of arbitration. Signed by Chief Judge John A. Jarvey on 4/26/2021. (mem) (Entered: 04/26/2021)

*RECALLED per entry 43* MANDATE of USCA as to 30 Notice of Appeal filed by Sundance. (vr) Modified on 6/28/2022 (vr). (Entered: 04/26/2021)

Notice of Supreme Court Filing advising certiorari has been filed. (Attachments: # 1 Cover Letter)(vr) (Entered: 09/07/2021)

Notice of Supreme Court Filing advising an order has been filed granting certiorari. (vr) (Entered: 11/30/2021)

Judge Rebecca Goodgame Ebinger added. Judge John A. Jarvey no longer assigned to case. (kjw)

Add and Terminate Judges

ORDER of USCA advising pursuant to the order of the U.S. Supreme Court, dated May 23, 2022, and the U.S. Supreme Court's mandate of June 24, 2022, this court's judgement, dated March 30, 2021, is vacated, the mandate is hereby recalled, and the case is reopened as to 30 Notice of Appeal filed by Sundance, Inc. (vr) (Entered: 06/28/2022)

SUPREME COURT JUDGMENT with Cover Letter/MANDATE FILED 05/23/2022 in Supreme Court Case 21-328 Supreme Court Ruling: Vacated and Remanded of USCA as to 30 Notice of Appeal filed by Sundance, Inc. Mandate recalled and case to reopen. (vr) (Entered: 06/28/2022)

Judge Stephen H. Locher added. Judge Rebecca Goodgame Ebinger no longer assigned to case. (kjw)

Add and Terminate Judges

ORDER of USCA as to 30 Notice of Appeal filed by Sundance, Inc. (vr) (Entered: 08/15/2022)

Motion for Settlement/Settlement Conference

Order

SUPPLEMENT/ADDENDUM

Order on Motion for Settlement/Settlement Conference

Sealed Document

USCA Order

USCA Order

USCA Opinion/Judgment

USCA Mandate

Terminate Civil Case

Terminated Case

Stipulation