Chapaloney, Jr. v. ROSEBUD MINING COMPANY
| Pennsylvania Western District Court | |
| Judge: | Cathy Bissoon |
| Case #: | 2:24-cv-00590 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:1938 Fair Labor Standards Act |
| Case Filed: | Apr 18, 2024 |
| Re-opened: | Jan 17, 2025 |
| Terminated: | Oct 23, 2024 |
| Last checked: Tuesday Oct 15, 2024 4:37 AM EDT |
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Defendant
ROSEBUD MINING COMPANY
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Represented By
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Mediator
LISA P. LENIHAN
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Represented By
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Plaintiff
EDWARD CHAPALONEY, JR.
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Represented By
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| Docket last updated: 5 hours ago |
| Wednesday, February 26, 2025 | ||
| 39 | 39
order
Order 1 - Terminate Hearings ~Util - Set Hearings
Wed 02/26 5:25 PM
ORDER. The Hearing re final approval of class and collective action settlement set for 6/3/2025 at 1:30 p.m. is RESCHEDULED for 7/1/2025 at 10:00 a.m. in Courtroom 3A before Judge Cathy Bissoon. Class notice shall issue within 16 business days of this Order (an extra day has been added because the present Order was entered after COB). The remaining deadlines and provisions in the Court's Order at Doc.38 shall continue in effect. Signed by Judge Cathy Bissoon on 2/26/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| Friday, February 07, 2025 | ||
| 38 | 38
3
pgs
order
Order on Motion for Settlement
Fri 02/07 10:57 PM
ORDER granting33 unopposed Motion for preliminary approval of class and collective action settlement, adopting the parties' proposed order with modest revisions. The final approval Hearing is set for 6/3/2025 at 1:30 p.m., in Courtroom 3A of the U.S. Courthouse in Pittsburgh, Pennsylvania, before Judge Cathy Bissoon. The motion for final approval shall include a signature-ready proposed order. Signed by Judge Cathy Bissoon on 2/7/2025. (dcd) |
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utility
~Util - Set Hearings
Fri 02/07 11:01 PM
Set Hearing: Motion Hearing for final approval of class and collective action settlement has been set for 6/3/2025 at 1:30 p.m. in Courtroom 3A before Judge Cathy Bissoon. See Order entered today. Court reporter services are required. (dcd) |
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| Monday, February 03, 2025 | ||
| 37 | 37
misc
Errata (to be used by filers)
Mon 02/03 8:55 AM
Errata re36 Answer to Amended Complaint by ROSEBUD MINING COMPANY. Reason for Correction: Filer aligned with signing attorney.. (Urban, James) |
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misc
QC - Filer and signature do not match
Mon 02/03 8:48 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re36 Answer to Amended Complaint. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (ert) |
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| Friday, January 31, 2025 | ||
| 36 | 36
answer
Answer to Amended Complaint
Fri 01/31 6:04 PM
ANSWER to32 Amended Complaint by ROSEBUD MINING COMPANY. (McLay, Katherine) |
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| Friday, January 17, 2025 | ||
| 35 | 35
order
Order to Answer Order Lifting Stay ~Util - Case Reopened
Fri 01/17 3:47 PM
ORDER. The stay is LIFTED, and the case has been REOPENED. Counsel's agreement notwithstanding, Defendant is required to answer the Amended Complaint (Doc.32 ). The deadline is 1/31/2025. Once an answer has been filed, the Court will rule on the Motion for Preliminary Approval of Class and Collective Action Settlement (Doc.33 ). Signed by Judge Cathy Bissoon on 1/17/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 34 | 34
respm
Brief / Memorandum of Law in Support of Motion
Fri 01/17 10:43 AM
BRIEF in Support re33 Motion for Settlement, filed by EDWARD CHAPALONEY, JR. (Schalman-Bergen, Sarah) |
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| 33 | 33
motion
Settlement
Fri 01/17 10:40 AM
Unopposed MOTION for Settlement Plaintiff's Unopposed Motion for Preliminary Approval of Class and Collective Action Settlement by EDWARD CHAPALONEY, JR. (Schalman-Bergen, Sarah) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit 1 (Settlement Agreement),
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Att: 3
Declaration of Sarah Schalman-Bergen,
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Att: 4
Declaration of Shannon Draher
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| 32 | 32
cmp
Amended Complaint
Fri 01/17 10:37 AM
First AMENDED COMPLAINT against ROSEBUD MINING COMPANY, filed by EDWARD CHAPALONEY, JR. (Schalman-Bergen, Sarah) |
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| Tuesday, January 07, 2025 | ||
| 31 | 31
order
Order on Motion for Extension of Time to File
Tue 01/07 9:09 PM
ORDER granting30 Consent Motion for Extension of Time to File Joint Status Report and Motion to Extend Time to File Motion for Preliminary Approval. The parties shall file a motion for preliminary approval on or before 1/17/2025. Signed by Judge Cathy Bissoon on 1/7/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
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| Tuesday, December 31, 2024 | ||
| 30 | 30
motion
Extension of Time to File Document
Tue 12/31 11:32 AM
Consent MOTION for Extension of Time to File Joint Status Report and Motion to Extend Time to File Motion for Preliminary Approval by EDWARD CHAPALONEY, JR, ROSEBUD MINING COMPANY. (Schalman-Bergen, Sarah) |
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| Wednesday, October 23, 2024 | ||
| 29 | 29
order
Order Staying Case ~Util - Terminate Civil Case
Wed 10/23 12:15 PM
ORDER re Status Report (Doc.27 ). Counsel report that the parties have reached a "class-wide settlement." The Court will assume that the settlement covers both collective action claims and class action claims. The timeframe proposed, for a motion for preliminary approval, is acceptable (a motion for extension only is required if the submission will be filed after end-December). The case is STAYED and CLOSED, and the stay will be lifted and the case reopened upon the filing of the motion for preliminary approval. As counsel are aware, class action settlements require a hearing under Rule 23 (the Court follows the case law allowing collective actions to be settled without a hearing, but all members would be required to release the class action claims, see Orders in McWilliams v. Platinum 2:21-cv-00607-CB). As it stands, the parties' motion for preliminary approval shall include the member notice-contents, procedures and timeframes/deadlines - including the notice-requirements and timeframes in the Class Action Fairness Act of 2005 ("CAFA") - and a signature-ready proposed order. Finally, once the Court is prepared to schedule a hearing, Chambers will reach out to counsel for both sides to discuss acceptable dates/times. Once the hearing is set, rescheduling creates logistical difficulties, given that the hearing date will be included in the notice to members. Signed by Judge Cathy Bissoon on 10/23/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) |
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| 28 | 28
adr
Report of Mediation
Wed 10/23 10:19 AM
REPORT of Mediation: Mediation held on 10/18/2024. Case has been resolved. LISA P. LENIHAN terminated. Attorney Lisa Pupo Lenihan terminated. The parties are reminded of their obligation to complete the ADR questionnaire within 5 days of the conclusion of the ADR process. The online questionnaire can be accessed on [LINK:the court's website] . (Lenihan, Lisa) |
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| Monday, October 21, 2024 | ||
| 27 | 27
misc
Status Report
Mon 10/21 11:36 AM
STATUS REPORT (Joint) Regarding Mediation by EDWARD CHAPALONEY, JR. (Schalman-Bergen, Sarah) |
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| Monday, August 05, 2024 | ||
| 26 | 26
order
Order on Motion to Extend Time
Mon 08/05 8:32 AM
ORDER:25 Joint Motion to Extend Time to Conduct Mediation is GRANTED. The parties' mediation shall take place on or before 10/14/2024. If the matter resolves on that date, Plaintiff's counsel promptly shall notify Chambers. If the matter does not resolve on that date, by 10/23/2024, the parties shall file an amended Rule 26(f) report, proposing case management deadlines. While the parties' proposals will be considered, it remains within the Court's discretion to establish a case management plan and deadlines as it deems appropriate. Signed by Judge Cathy Bissoon on 8/5/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
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| Friday, August 02, 2024 | ||
| 25 | 25
motion
Extend Time
Fri 08/02 6:04 PM
Joint MOTION to Extend Time to Conduct Mediation by ROSEBUD MINING COMPANY. (McLay, Katherine) |
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Att: 1
Proposed Order
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| Thursday, June 27, 2024 | ||
| 24 | 24
order
Order
Thu 06/27 3:51 PM
ORDER. Consistent with the discussions at today's Conference, ADR (in the form of mediation) will take place on 8/1/24. If the case is resolved, Plaintiff's counsel promptly shall notify Chambers (412.208.7460). If not, by 8/9/24, the parties shall file an amended Rule 26(f) report, proposing case management deadlines. While the parties' proposals will be considered, it remains within the Court's discretion to establish a case management plan and deadlines as it deems appropriate. Signed by Judge Cathy Bissoon on 6/27/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
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| 23 | 23
order
Order Referring Case to Mediation
Thu 06/27 3:49 PM
ORDER REFERRING CASE to Mediation. The Hon. Lisa P. Lenihan is appointed as mediator. Signed by Judge Cathy Bissoon on 6/27/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
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| 22 | 22
minutes
Settlement Conference
Thu 06/27 3:34 PM
Minute Entry for proceedings held before Judge Cathy Bissoon: Settlement Conference held on 6/27/2024. Order to follow. (Court Reporter: None) (jmm) |
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| Thursday, June 20, 2024 | ||
| 21 | 21
adr
Stipulation Selecting ADR process
Thu 06/20 5:07 PM
STIPULATION selecting ADR process by ROSEBUD MINING COMPANY. (Urban, James) |
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| 20 | 20
misc
Report of Rule 26(f) Planning Meeting
Thu 06/20 5:02 PM
REPORT of Rule 26(f) Planning Meeting. (Urban, James) |
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| Saturday, May 25, 2024 | ||
| 19 | 19
notice
Notice of Appearance
Sat 05/25 1:38 PM
NOTICE of Appearance by Katherine J. McLay on behalf of ROSEBUD MINING COMPANY. (McLay, Katherine) |
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| Tuesday, May 21, 2024 | ||
| 18 | 18
utility
Corrective Entry (for Clerk of Court personnel)
Tue 05/21 4:24 PM
CORRECTIVE ENTRY re16 Order. A Video Initial Case Management Conference is set for 6/27/2024 at 2:15 PM before Judge Cathy Bissoon. See contents of this filing for detailed instructions and deadlines. Reason for Correction: Correct document is attached. (jmm) |
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| 17 | 17
1
pgs
order
Order
Tue 05/21 4:13 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 5/21/2024. (jmm) |
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Att: 1
Appendix Mediation Article
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| 16 | 16
order
Initial Local Rule 16.1 Scheduling Order
Tue 05/21 4:11 PM
ORDER. Document hidden from public view. Correct document is docketed at ECF. No.17 . Signed by Judge Cathy Bissoon on 5/21/2024. (jmm) Modified text on 5/21/2024. (jmm) |
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| Monday, May 20, 2024 | ||
| 15 | 15
misc
Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2))
Mon 05/20 7:29 PM
Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by ROSEBUD MINING COMPANY. (Urban, James) |
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| 14 | 14
answer
Answer to Complaint
Mon 05/20 7:27 PM
ANSWER to Complaint and Affirmative and Other Defenses by ROSEBUD MINING COMPANY. (Urban, James) |
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| Friday, May 17, 2024 | ||
| 13 | 13
order
Order on Motion to Appear Pro Hac Vice
Fri 05/17 12:18 PM
ORDER granting9 Motion for Olena Savytska to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 5/17/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
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| 12 | 12
order
Order on Motion to Appear Pro Hac Vice
Fri 05/17 12:15 PM
ORDER granting8 Motion for Krysten Connon to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 5/17/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) |
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| 11 | 11
misc
Proposed Order
Fri 05/17 12:11 PM
Proposed Order re8 Motion to Appear Pro Hac Vice by EDWARD CHAPALONEY, JR. (Connon, Krysten) |
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| 10 | 10
misc
Proposed Order
Fri 05/17 12:09 PM
Proposed Order re9 Motion to Appear Pro Hac Vice by EDWARD CHAPALONEY, JR. (Savytska, Olena) |
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misc
QC - No Proposed Order Attached
Fri 05/17 11:40 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re8 Motion to Appear Pro Hac Vice. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (ert) |
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misc
QC - No Proposed Order Attached
Fri 05/17 11:41 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re9 Motion to Appear Pro Hac Vice. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (ert) |
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| Thursday, May 16, 2024 | ||
| 9 | 9
motion
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Thu 05/16 2:55 PM
MOTION for attorney Olena Savytska to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8269443) by EDWARD CHAPALONEY, JR. (Savytska, Olena) |
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Att: 1
Affidavit
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| 8 | 8
motion
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Thu 05/16 2:49 PM
MOTION for attorney Krysten Connon to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8269407) by EDWARD CHAPALONEY, JR. (Connon, Krysten) |
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Att: 1
Affidavit
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| Friday, May 03, 2024 | ||
| 7 | 7
service
Summons/Return of Service Returned Executed
Fri 05/03 9:58 AM
SUMMONS/Return of Service Returned Executed by EDWARD CHAPALONEY, JR. ROSEBUD MINING COMPANY served on 4/29/2024, answer due 5/20/2024. (Draher, Shannon) |
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| Friday, April 26, 2024 | ||
| 6 | 6
notice
Notice (Other) - Do Not Use for ADR Documents
Fri 04/26 2:49 PM
NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. § 216(b) by EDWARD CHAPALONEY, JR (Draher, Shannon) |
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Att: 1
Summons A - Consent Form
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| Wednesday, April 24, 2024 | ||
| 5 | 5
service
Summons Issued
Wed 04/24 3:22 PM
Summons Issued as to ROSEBUD MINING COMPANY (ert) |
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| 4 | 4
service
Praecipe to Issue Summons
Wed 04/24 12:17 PM
PRAECIPE to Issue Summons by EDWARD CHAPALONEY, JR (Schalman-Bergen, Sarah) |
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Att: 1
Summons
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| Monday, April 22, 2024 | ||
| 3 | 3
2
pgs
order
Order
Mon 04/22 11:54 AM
ORDER governing procedures for motions filed under Fed. R. Civ. P. 12. See contents of this filing for instructions. Signed by Judge Cathy Bissoon on 4/22/2024. (jmm) |
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| Thursday, April 18, 2024 | ||
| 2 | 2
notice
Notice of Appearance
Thu 04/18 3:52 PM
NOTICE of Appearance by Shannon M. Draher on behalf of Edward Chapaloney, Jr.. (Draher, Shannon) |
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| 1 | 1
12
pgs
cmp
ATTORNEY Complaint (Credit Card Required)
Thu 04/18 3:12 PM
COMPLAINT against ROSEBUD MINING COMPANY (Filing fee, including Administrative fee, $405, receipt number APAWDC-8223721), filed by Edward Chapaloney, Jr.. (Schalman-Bergen, Sarah) |
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Att: 1
Exhibit A (CTJ),
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Att: 2
Civil Cover Sheet
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utility
Add and Terminate Judges
Fri 04/19 4:44 PM
Judge Cathy Bissoon added. (elt) |
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