Pennsylvania Western District Court
Judge:Marilyn J Horan
Case #: 2:21-cv-00540
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Denial of Overtime Compensation
Case Filed:Apr 22, 2021
Terminated:Apr 13, 2022
Last checked: Tuesday Oct 19, 2021 4:48 AM EDT
Defendant
PASSAVANT MEMORIAL HOMES
Represented By
Jay D. Marinstein
Fox Rothschild
contact info
Thomas W. King, III
Dillon, Mccandless, King, Coulter & Graham L.L.P.
contact info
Jordan P. Shuber
Dillon Mccandless King Coulter & Graham LLP
contact info
Michael English
Passavant Memorial Homes
contact info
Mediator
KENNETH BENSON
P.O. Box 101824
Pittsburgh, PA 15237
Represented By
Kenneth J. Benson
Justus Adr Services
contact info
Plaintiff
RICHARD JORDAN
Represented By
Peter Winebrake
Winebrake & Santillo, LLC
contact info
Mark J. Gottesfeld
Winebrake & Santillo, LLC
contact info


Docket last updated: 05/06/2025 11:59 PM EDT
Wednesday, April 13, 2022
30 30 4 pgs order Order Dismissing Case Wed 04/13 1:30 PM
ORDER DISMISSING CASE, by stipulation and agreement of the parties, the Court grants27 Unopposed Motion for Certification of the Settlement Class, Final Approval of the Settlement, and Other Associated Relief. The case is dismissed, and the Clerk is to mark the case CLOSED. Signed by Judge Marilyn J. Horan on 4/13/2022. (dmm)
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minutes 1 - Terminate Deadlines 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings Motion Hearing Wed 04/13 1:25 PM
Text Minute Entry for proceedings held before Judge Marilyn J. Horan: A Hearing was held on 4/13/2022 regarding27 Unopposed MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS, FINAL APPROVAL OF THE SETTLEMENT, AND OTHER ASSOCIATED RELIEF. An Order Approving the Settlement and Dismissing the Case to follow. (Court Reporter: Deborah Betzler) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (dmm)
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Friday, April 08, 2022
29 29 misc Amended Document (NOT Motion) Do NOT use for amended complaint Fri 04/08 6:25 PM
AMENDED DOCUMENT -- AMENDED DECLARATION OF AISHA LANGE (Correcting an Error in the Original Declaration Docketed at ECF No. 27-2) by RICHARD JORDAN. Amendment to27 Unopposed MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS, FINAL APPROVAL OF THE SETTLEMENT, AND OTHER ASSOCIATED RELIEF . (Winebrake, Peter)
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28 28 respm Brief / Memorandum of Law in Support of Motion Fri 04/08 6:16 PM
BRIEF in Support re27 Motion for Miscellaneous Relief, filed by RICHARD JORDAN. (Winebrake, Peter)
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Wednesday, April 06, 2022
27 27 motion Miscellaneous Relief (Use ONLY if no other relief applies) Wed 04/06 8:09 PM
Unopposed MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS, FINAL APPROVAL OF THE SETTLEMENT, AND OTHER ASSOCIATED RELIEF by RICHARD JORDAN. (Winebrake, Peter)
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Att: 1 Settlement Agreement,
Att: 2 Declaration of Aisha Lange,
Att: 3 Declaration of Peter Winebrake,
Att: 4 Proposed Order
Thursday, January 20, 2022
26 26 2 pgs order Order ~Util - Set Deadlines/Hearings ~Util - Terminate Motions Thu 01/20 11:34 AM
ORDER granting24 Unopposed MOTION for Preliminary Approval of Class Action Settlement and Other Related Relief. A hearing addressing the final approval of the settlement is set for 4/13/2022 at 01:00 PM in Courtroom 8A before Judge Marilyn J. Horan. Signed by Judge Marilyn J. Horan on 1/20/2022. (dmm)
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Monday, January 10, 2022
25 25 respm Brief / Memorandum of Law in Support of Motion Mon 01/10 5:23 PM
BRIEF in Support re24 Motion for Miscellaneous Relief filed by RICHARD JORDAN. (Winebrake, Peter)
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24 24 motion Miscellaneous Relief (Use ONLY if no other relief applies) Mon 01/10 5:22 PM
Unopposed MOTION for Preliminary Approval of Class Action Settlement and Other Related Relief by RICHARD JORDAN. (Winebrake, Peter)
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Att: 1 Settlement Agreement,
Att: 2 Declaration of Peter Winebrake,
Att: 3 Proposed Order
Tuesday, January 04, 2022
23 23 order 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings Order Tue 01/04 12:40 PM
TEXT ORDER, as the Court has received notification that the case has settled in Mediation, and at the request of the parties, the Post-Discovery Status Conference set for 1/10/2022 is canceled. Plaintiffs' Counsel is to file a Motion Seeking Preliminary Approval of the Class Action Settlement on the docket as soon as possible. Signed by Judge Marilyn J. Horan on 1/4/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dmm)
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Tuesday, October 26, 2021
22 22 adr Report of Mediation Tue 10/26 2:29 PM
REPORT of Mediation: Case has been resolved. KENNETH BENSON terminated. Attorney Kenneth J. Benson terminated. 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 10/22/2021. (Benson, Kenneth)
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Monday, September 27, 2021
21 21 order Protective Order Mon 09/27 8:21 AM
PROTECTIVE ORDER, as stipulated and agreed by the parties, this Protective Order is hereby entered. Signed by Judge Marilyn J. Horan on 9/27/2021. (dmm)
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Friday, September 24, 2021
20 20 misc Stipulation Fri 09/24 1:45 PM
STIPULATION / Stipulated Agreement and Order on Confidentiality by PASSAVANT MEMORIAL HOMES. (Marinstein, Jay)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Monday, July 26, 2021
19 19 3 pgs order Order Implementing Fed Rule of Evidence 502(d) Mon 07/26 4:32 PM
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Marilyn J. Horan on 7/26/2021. (dmm)
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18 18 2 pgs order Order Referring Case to Mediation Mon 07/26 4:21 PM
ORDER REFERRING CASE to Mediation. The Honorable Kenneth Benson is appointed as mediator. Signed by Judge Marilyn J. Horan on 7/26/2021. (dmm)
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17 17 3 pgs order Order ~Util - Set Deadlines/Hearings Mon 07/26 4:17 PM
INITIAL CASE MANAGEMENT ORDER, an Initial Case Management Conference having been held, the following deadlines are set: Rule 26(f) Disclosures due by 8/9/2021; Joinder of Parties due by 10/24/2021; Amended Pleadings due by 10/24/2021; Fact Discovery due by 12/23/2021; Plaintiff's Expert Reports due by 10/8/2021; Depositions of Plaintiff's Experts due by 12/23/2021; Defendant's Expert Reports due by 1/22/2021; Depositions of Defendant's Experts to be completed by 2/5/2021. A Telephonic Post-Discovery Status Conference is set for 1/10/2022 at 09:30 AM in Telephone Conference before Judge Marilyn J. Horan. Signed by Judge Marilyn J. Horan on 7/26/2021. (dmm)
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minutes 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings Telephonic Initial Case Management Conference Mon 07/26 4:10 PM
Text Minute Entry for proceedings held before Judge Marilyn J. Horan, a Telephonic Initial Case Management Conference was held on 7/26/2021. An Initial Case Management Order, Order Referring Case to ADR, and Order Implementing Federal Rule of Evidence 502(d) to follow. (Court Reporter: Sharon Siatkowski) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (dmm)
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Monday, July 19, 2021
16 16 misc Report of Rule 26(f) Planning Meeting Mon 07/19 3:44 PM
REPORT of Rule 26(f) Planning Meeting. (King, Thomas)
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Wednesday, July 14, 2021
15 15 adr Stipulation Selecting ADR process Wed 07/14 9:08 PM
STIPULATION selecting ADR process by PASSAVANT MEMORIAL HOMES. (King, Thomas)
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Wednesday, July 07, 2021
14 14 misc Disclosure Statement (LR 7.1.1) Wed 07/07 6:50 PM
Disclosure Statement identifying None as corporate parent or other affiliate, by PASSAVANT MEMORIAL HOMES. (King, Thomas)
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Friday, July 02, 2021
13 13 2 pgs order Order ~Util - Set Deadlines/Hearings Fri 07/02 9:44 AM
SCHEDULING ORDER, a Telephonic Initial Case Management Conference is set for 7/26/2021 at 10:00 AM in Telephone Conference before Judge Marilyn J. Horan. Signed by Judge Marilyn J. Horan on 7/2/2021. (dmm)
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Att: 1 Exhibit A Rule 26(f) Report of Parties,
Att: 2 Exhibit B Stipulation Selecting ADR Process
misc QC - Party did not file Disclosure Statement Fri 07/02 2:26 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re12 Answer to Complaint. 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 7/9/2021. (cel)
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Thursday, July 01, 2021
12 12 answer Answer to Complaint Thu 07/01 1:35 PM
ANSWER to1 Complaint and Affirmative Defenses by PASSAVANT MEMORIAL HOMES. (King, Thomas)
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Monday, May 03, 2021
11 11 service Waiver of Service Executed Mon 05/03 4:01 PM
WAIVER OF SERVICE Returned Executed by PASSAVANT MEMORIAL HOMES. PASSAVANT MEMORIAL HOMES waiver sent on 5/3/2021, answer due 7/2/2021. (King, Thomas)
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10 10 notice Notice (Other) - Do Not Use for ADR Documents Mon 05/03 2:31 PM
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jgb)
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9 9 5 pgs order Order Mon 05/03 2:30 PM
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Judge Marilyn J. Horan on 5/3/2021. (jgb)
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8 8 service Request for Waiver of Service Mon 05/03 11:31 AM
REQUEST FOR WAIVER of Service sent to Colin Dougherty, Esq. - c/o Passavant Memorial Homes on 05/03/2021 by RICHARD JORDAN. Waiver of Service due by 6/2/2021 (Gottesfeld, Mark)
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7 7 notice Notice of Appearance Mon 05/03 11:25 AM
NOTICE of Appearance by Mark J. Gottesfeld on behalf of RICHARD JORDAN. (Gottesfeld, Mark)
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Thursday, April 29, 2021
6 6 notice Notice of Appearance Thu 04/29 12:23 PM
NOTICE of Appearance by Michael English on behalf of PASSAVANT MEMORIAL HOMES. (English, Michael)
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Wednesday, April 28, 2021
5 5 notice Notice of Appearance Wed 04/28 11:40 AM
NOTICE of Appearance by Jay D. Marinstein on behalf of PASSAVANT MEMORIAL HOMES. (Marinstein, Jay)
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Tuesday, April 27, 2021
4 4 notice Notice of Appearance Tue 04/27 4:56 PM
NOTICE of Appearance by Jordan P. Shuber on behalf of PASSAVANT MEMORIAL HOMES. (Shuber, Jordan)
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3 3 notice Notice of Appearance Tue 04/27 4:55 PM
NOTICE of Appearance by Thomas W. King, III on behalf of PASSAVANT MEMORIAL HOMES. (King, Thomas)
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Friday, April 23, 2021
2 2 service Summons Issued Fri 04/23 9:54 AM
Summons Issued as to PASSAVANT MEMORIAL HOMES (cel)
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Thursday, April 22, 2021
1 1 7 pgs cmp Complaint (for Clerk of Court personnel only) Fri 04/23 9:44 AM
COMPLAINT against PASSAVANT MEMORIAL HOMES (Filing fee, including Administrative fee, $402, receipt number APAWDC-6475440), filed by RICHARD JORDAN. (cel)
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Att: 1 Civil Cover Sheet