STEWART v. A.P.I., INC. et al
| Pennsylvania Western District Court | |
| Judge: | Cathy Bissoon |
| Case #: | 2:21-cv-01788 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Dec 08, 2021 |
| Re-opened: | Aug 15, 2023 |
| Terminated: | Mar 14, 2024 |
| Case in other court: | Allegheny County, GD-21-013598 |
| Last checked: Monday Jun 06, 2022 5:00 AM EDT |
|
Defendant
A.P.I., INC.
|
Represented By
|
|
Defendant
API CONSTRUCTION COMPANY
|
Represented By
|
|
Defendant
API GROUP, INC.
|
Represented By
|
|
Plaintiff
BRETT STEWART
|
Represented By
|
| TERMINATED PARTIES | |
|
Defendant
RONALD PRUETT
Terminated: 02/11/2022
|
Represented By
|
| Docket last updated: 11 hours ago |
| Wednesday, March 19, 2025 | ||
| 44 | 44
4
pgs
order
Order on Motion for Settlement
Wed 03/19 11:49 AM
ORDER granting41 Unopposed MOTION for Settlement Approval. The Court APPROVES the Settlement Agreement as fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e)(2). Under the terms of the Settlement Agreement, Defendants must pay a gross amount of $1,050,000.00, plus an additional payment covering those payroll taxes and withholdings ordinarily borne by employers on payments to Participating Class Members. Of the gross settlement amount, a Net Settlement Fund of $634,912.37 will be available to paid to Class Members who filed a claim as more fully set forth by said order. This action is DISMISSED WITH PREJUDICE, but the Court will continue to maintain jurisdiction over enforcement of the Settlement Agreement.. Signed by Judge Cathy Bissoon on 3/19/2025. (jmm) |
|
| 43 | 43
minutes
Motion Hearing
Wed 03/19 11:42 AM
Minute Entry for proceedings held before Judge Cathy Bissoon: Final Hearing re Approval of the Class Action Settlement held on 3/19/2025. Order to follow. (Court Reporter: Jane Proud) (jmm) |
|
| Wednesday, March 12, 2025 | ||
| 42 | 42
respm
Brief / Memorandum of Law in Support of Motion
Wed 03/12 4:12 PM
BRIEF in Support re41 Motion for Settlement Approval filed by BRETT STEWART. (Winslow, Steven) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2,
|
||
|
Att: 3
Exhibit 3,
|
||
|
Att: 4
Exhibit 4
|
||
| 41 | 41
motion
Settlement
Wed 03/12 4:04 PM
Unopposed MOTION for Settlement Approval by BRETT STEWART. (Winslow, Steven) |
|
|
Att: 1
Proposed Order
|
||
| Monday, November 18, 2024 | ||
| 40 | 40
order
Order ~Util - Terminate Motions ~Util - Set Hearings
Mon 11/18 3:46 PM
ORDER granting38 Renewed Unopposed Motion for Preliminary Approval of the Class Action Settlement and Other Related Relief. The Final Approval Hearing is scheduled for 3/19/2025 at 11:00 AM, in Courtroom 3A. No later than 5 business-days before the Hearing, counsel shall file a joint-motion for final approval of the class-action settlement, along with a signature-ready proposed order, including any and all ancillary relief requested. Signed by Judge Cathy Bissoon on 11/18/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| Friday, November 08, 2024 | ||
| 39 | 39
respm
Brief / Memorandum of Law in Support of Motion
Fri 11/08 3:47 PM
BRIEF in Support re38 Motion for Miscellaneous Relief filed by BRETT STEWART. (Winslow, Steven) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2,
|
||
|
Att: 3
Exhibit 3
|
||
| 38 | 38
motion
Miscellaneous Relief (Use ONLY if no other relief applies)
Fri 11/08 3:41 PM
Renewed MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by BRETT STEWART. (Winslow, Steven) |
|
|
Att: 1
Proposed Order
|
||
| Thursday, November 07, 2024 | ||
| 37 | 37
order
Order on Motion for Miscellaneous Relief
Thu 11/07 12:26 PM
ORDER denying the35 Unopposed Motion for Preliminary Approval of Class Action Settlement, without prejudice, for failure to address the notice provision under the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. § 1715(b). Parties may renew their motion after ensuring that their proposed procedures account for CAFA's notice-requirements and timeframes. Signed by Judge Cathy Bissoon on 11/7/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| Thursday, September 05, 2024 | ||
| 36 | 36
respm
Brief / Memorandum of Law in Support of Motion
Thu 09/05 5:16 PM
BRIEF in Support re35 Motion for Miscellaneous Relief filed by BRETT STEWART. (Winslow, Steven) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2
|
||
| 35 | 35
motion
Miscellaneous Relief (Use ONLY if no other relief applies)
Thu 09/05 5:14 PM
Unopposed MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by BRETT STEWART. (Winslow, Steven) |
|
|
Att: 1
Proposed Order
|
||
| Thursday, March 14, 2024 | ||
| 34 | 34
order
Order for Administrative Case Closing
Thu 03/14 9:25 AM
ORDER FOR ADMINISTRATIVE CLOSING. The Court has been advised that the above captioned action has been settled, and the only matters remaining are the execution of the settlement document(s) and compliance with the terms of the settlement agreement. It appears that there is no further action required by the Court at this time. It is, accordingly, hereby ORDERED that the above-captioned case has been marked closed; that nothing contained in this Order shall be considered a dismissal or disposition of this action; and that, should further proceedings therein become necessary or desirable, any party may initiate the same in the identical manner as if this Order had not been entered. FURTHER, the Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement. Signed by Judge Cathy Bissoon on 3/14/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| Wednesday, March 13, 2024 | ||
| 33 | 33
adr
Report of Mediation
Wed 03/13 4:47 PM
REPORT of Mediation: Mediation held on 3/13/2024. Case has been resolved. KENNETH J. BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (Benson, Kenneth) |
|
| Tuesday, January 16, 2024 | ||
| 32 | 32
order
Order on Motion for Extension of Time to Complete Discovery
Tue 01/16 12:13 PM
ORDER granting31 the parties' Joint Motion For Extension of Time to Complete ADR and Discovery, as follows. Mediation before Judge Benson will take place on or before 3/13/24. All class certification discovery will be completed by 5/17/24. Plaintiff's motion for class certification, including all materials in support thereof, is due by 6/21/24. Defendant's opposition papers are due by 7/26/24. Plaintiff's reply is due by 8/16/24. All other provisions of the CMO (Doc.29 ) remain in effect. Signed by Judge Cathy Bissoon on 1/16/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tgl) |
|
| 31 | 31
motion
Extension of Time to Complete Discovery
Tue 01/16 10:46 AM
Joint MOTION for Extension of Time to Complete Discovery and ADR by BRETT STEWART. (Winslow, Steven) |
|
|
Att: 1
Proposed Order
|
||
| Friday, October 20, 2023 | ||
| 30 | 30
order
Order Referring Case to Mediation
Fri 10/20 1:32 PM
ORDER REFERRING CASE to Mediation. Kenneth J. Benson is appointed as mediator. See CMO entered today. Signed by Judge Cathy Bissoon on 10/20/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| 29 | 29
3
pgs
order
Case Management Order
Fri 10/20 1:29 PM
CASE MANAGEMENT ORDER: Plaintiff's motion for class certification is due by 4/26/2024. Defendants' opposition papers are due by 6/3/2024. Plaintiff's reply is due by 6/17/2024. See contents of this filing for detailed instructions and deadlines. Signed by Judge Cathy Bissoon on 10/20/2023. (jmm) |
|
| 28 | 28
minutes
Initial Case Management Conference
Fri 10/20 1:20 PM
Minute Entry for proceedings held before Judge Cathy Bissoon: Initial Case Management Conference held on 10/20/2023. (Court Reporter: None) (jmm) |
|
| Friday, October 13, 2023 | ||
| 27 | 27
misc
Errata
Fri 10/13 3:24 PM
Errata re25 Stipulation Selecting ADR process by BRETT STEWART. Reason for Correction: missing /s/. (Winslow, Steven) |
|
| 26 | 26
misc
Report of Rule 26(f) Planning Meeting
Fri 10/13 2:00 PM
REPORT of Rule 26(f) Planning Meeting. (Winslow, Steven) |
|
| 25 | 25
adr
Stipulation Selecting ADR process
Fri 10/13 1:58 PM
STIPULATION selecting ADR process by BRETT STEWART. (Winslow, Steven) Error: s/ signatures are missing; documents removed from public view; Modified text on 10/13/2023. (cel) |
|
|
misc
QC - No signature s/
Fri 10/13 3:16 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re25 Stipulation Selecting ADR process. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (cel) |
||
| Tuesday, September 12, 2023 | ||
| 24 | 24
order
Order on Motion to Continue
Tue 09/12 3:53 PM
ORDER granting23 Stipulated Motion to Continue Rule 16 Conference. The Video Initial Case Management Conference currently set for 9/19/2023 is now RESCHEDULED for 10/20/2023 at 10:30 AM before Judge Cathy Bissoon. All other deadlines and provisions set forth in the18 Order shall remain in full force and effect. Signed by Judge Cathy Bissoon on 9/12/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| 23 | 23
motion
Continue
Tue 09/12 12:16 PM
MOTION to Continue Rule 16 Conference by A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC.. (Presley, Marla) |
|
|
Att: 1
Exhibit A
|
||
| Thursday, August 17, 2023 | ||
| 22 | 22
order
Order on Motion to Appear Pro Hac Vice
Thu 08/17 4:29 PM
ORDER granting21 Motion for Daniel F. Thornton to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 8/17/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| 21 | 21
motion
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Thu 08/17 4:20 PM
MOTION for attorney Daniel F. Thornton to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7840806) by A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC.. (Thornton, Daniel) |
|
|
Att: 1
Affidavit of Daniel F. Thornton in Support of Motion for Admission Pro Hac Vice,
|
||
|
Att: 2
Proposed Order
|
||
| Wednesday, August 16, 2023 | ||
| 20 | 20
notice
Notice of Subst of Atty (Use to subst attys w/in the same firm)
Wed 08/16 4:28 PM
NOTICE of Substitution of Attorney Appearance by Marla N. Presley on behalf of A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC.. Attorney Terri Imbarlina Patak and Emily E. Town terminated. (Presley, Marla) |
|
| Tuesday, August 15, 2023 | ||
| 19 | 19
1
pgs
order
Order
Tue 08/15 4:23 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 8/15/2023. (jmm) |
|
|
Att: 1
Appendix Mediation Article
|
||
| 18 | 18
order
Initial Local Rule 16.1 Scheduling Order
Tue 08/15 4:17 PM
ORDER: A Video Initial Case Management Conference set for 9/19/2023 at 10:00 AM before Judge Cathy Bissoon, as more fully stated in said Order. Signed by Judge Cathy Bissoon on 8/15/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| 17 | 17
order
Order Lifting Stay ~Util - Case Reopened
Tue 08/15 4:09 PM
ORDER At the parties' request, the STAY in this case hereby is LIFTED and this case is RE-OPENED. An order scheduling the initial case management conference will follow. Signed by Judge Cathy Bissoon on 8/15/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
|
| Friday, August 26, 2022 | ||
| 16 | 16
notice
Notice of Appearance
Fri 08/26 3:39 PM
NOTICE of Appearance by Justin T. Romano on behalf of BRETT STEWART. (Romano, Justin) |
|
| Tuesday, March 15, 2022 | ||
| 15 | 15
order
Order for Statistical Case Closing
Tue 03/15 11:44 AM
ORDER, entered in Civil Action Nos. 21-1788 & 22-85. It is the Court's intention to hold initial scheduling conferences in these related cases, on the same day; and to have the case-management deadlines in both cases track together. To this end, counsel shall confer and, once it is clear that no additional lawsuits presently are anticipated, they shall communicate this determination to Chambers via telephone (412.208.7460). In the interim, both cases (and later-filed related cases, if any) will be ADMINISTRATIVELY CLOSED. Administrative closure is a docket control device used by the Court for statistical purposes, and it does not prejudice the substantive rights of the parties in any manner. Nor does it affect any party's ability to make court-filings; and, in fact, any necessary and appropriate filings in the cases shall continue to be made. Signed by Judge Cathy Bissoon on 3/15/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ahm) |
|
| Tuesday, March 01, 2022 | ||
| 14 | 14
order
Order ~Util - Set Hearings
Tue 03/01 12:28 PM
ORDER, the Video Initial Case Management Conference set for 3/22/2022 at 02:45pm is now RESCHEDULED to 02:00pm on the same date before Judge Cathy Bissoon. All other conditions/deadlines previously ordered remain in effect. Signed by Judge Cathy Bissoon on 3/1/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) |
|
| Tuesday, February 15, 2022 | ||
| 13 | 13
4
pgs
order
Order
Tue 02/15 1:59 PM
AMENDED ORDER setting Initial Video Case Management Conference before Judge Cathy Bissoon, more fully stated in said order. Signed by Judge Cathy Bissoon on 2/15/22. (jhi) |
|
| 12 | 12
1
pgs
order
Order
Tue 02/15 8:20 AM
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 2/15/22. |
|
|
Att: 1
(Exhibit, Article re Mediation) (jhi
|
||
| 11 | 11
4
pgs
order
Order ~Util - Set Hearings
Tue 02/15 8:08 AM
ORDER, Video Initial Case Management Conference set before Judge Cathy Bissoon, more fully stated in said order. Signed by Judge Cathy Bissoon on 2/15/22. (jhi) |
|
| Monday, February 14, 2022 | ||
| 10 | 10
misc
Disclosure Statement (LR 7.1.1)
Mon 02/14 4:43 PM
Disclosure Statement identifying APi Group Corporation, trading as APG:NYSE as corporate parent or other affiliate, by A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC.. (Patak, Terri) |
|
| 9 | 9
answer
Answer to Complaint
Mon 02/14 4:42 PM
ANSWER to Complaint and Defenses by API GROUP, INC.. (Patak, Terri) |
|
| 8 | 8
answer
Answer to Complaint
Mon 02/14 4:41 PM
ANSWER to Complaint by A.P.I., INC., API CONSTRUCTION COMPANY. (Patak, Terri) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B
|
||
| Friday, February 11, 2022 | ||
| 7 | 7
misc
Stipulation
Fri 02/11 12:43 PM
STIPULATION TO DISMISS DEFENDANT RONALD PRUETT by A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC., RONALD PRUETT. (Patak, Terri) |
|
| Thursday, January 27, 2022 | ||
| 6 | 6
order
Order on Motion for Extension of Time to File
Thu 01/27 10:56 AM
ORDER granting the Consent Motion for Extension of Time. (Doc.5 ). Defendants shall answer or otherwise respond to the Complaint by 2/14/2022. Signed by Judge Cathy Bissoon on 1/27/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ahm) |
|
|
utility
Update Answer Deadline
Thu 01/27 10:59 AM
Update Answer Deadline: Answer due from Defendants by 2/14/2022. (ahm) |
||
| Wednesday, January 26, 2022 | ||
| 5 | 5
motion
Extension of Time to File Document
Wed 01/26 6:36 PM
Consent MOTION for Extension of Time to File Response to Plaintiff's Complaint by A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC., RONALD PRUETT. (Patak, Terri) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, December 21, 2021 | ||
|
utility
Update Answer Deadline
Tue 12/21 2:44 PM
Update Answer Deadline: Answer due from All Defendants by 1/31/2022 (ahm) |
||
| Wednesday, December 15, 2021 | ||
| 4 | 4
notice
Notice of Appearance
Wed 12/15 2:24 PM
NOTICE of Appearance by Emily E. Town on behalf of A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC., RONALD PRUETT. (Town, Emily) |
|
| 3 | 3
misc
Stipulation
Wed 12/15 2:20 PM
STIPULATION EXTENDING TIME TO FILE RESPONSE TO PLAINTIFF'S COMPLAINT by A.P.I., INC., API CONSTRUCTION COMPANY, API GROUP, INC., RONALD PRUETT. (Patak, Terri) |
|
| Wednesday, December 08, 2021 | ||
| 2 | 2
2
pgs
order
Order
Wed 12/08 2:19 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 12/8/21. (jhi) |
|
| 1 | 1
7
pgs
cmp
Notice of Removal (for Clerk of Court personnel only)
Wed 12/08 1:52 PM
NOTICE OF REMOVAL from Allegheny County, case number GD-21-013598 with Jury Trial Demanded Copies attached: Complaint, Service Documents, Exhibits to Complaint, Notice of Removal in State Court (Filing fee, including Administrative fee, $402, receipt number APAWDC-6842802), filed by RONALD PRUETT, API CONSTRUCTION COMPANY, API GROUP, INC., A.P.I., INC. (cww) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
14 pgs
Exhibit A,
|
||
|
Att: 3
Exhibit B,
|
||
|
Att: 4
Exhibit C,
|
||
|
Att: 5
Exhibit D,
|
||
|
Att: 6
Exhibit E
|
||