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| Plaintiff: | Joseph Giguere |
|---|---|
| Defendant: | Max Veggeberg, Martijn Fleuren and Homeworks Energy, Inc. |
| Case Number: | 3:2021cv30015 |
| Filed: | February 5, 2021 |
| Court: | US District Court for the District of Massachusetts |
| Presiding Judge: | Mark G Mastroianni |
| Nature of Suit: | Labor: Fair Standards |
| Cause of Action: | 15 U.S.C. § 1938 Fair Labor Standards Act |
| Jury Demanded By: | Plaintiff |
This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER .
| Date Filed | Document Text |
|---|---|
| June 30, 2023 | Filing 83 MEMORANDUM in Support re #82 MOTION to Certify Class filed by Joseph Giguere. (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)(Dinsmore, Raymond) |
| June 30, 2023 | Filing 82 MOTION to Certify Class by Joseph Giguere.(Dinsmore, Raymond) |
| June 21, 2023 | Filing 81 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #80 Motion for Extension of Time to July 5, 2023 to Extend Class Certification Deadlines. (Rivera, Christina) |
| June 16, 2023 | Filing 80 MOTION for Extension of Time to July 5, 2023 to Extend Class Certification Deadlines by Joseph Giguere.(Dinsmore, Raymond) |
| February 8, 2023 | Filing 79 ELECTRONIC NOTICE Canceling Hearing for June 6, 2023 rescheduled for September 6, 2023. (Zamorski, Michael) |
| February 8, 2023 | Filing 78 Set/Reset Deadlines as to Motion on class certification Hearing set for 9/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| February 8, 2023 | Filing 77 Judge Mark G. Mastroianni: Electronic order entered granting #76 Joint Motion to Extend Discovery and Scheduling Order Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by May 22, 2023. Plaintiff shall file a motion for class certification by June 21, 2023. Defendant shall file any opposition to the motion for class certification by July 21, 2023. Plaintiff may file a reply brief in support of the motion for class certification by August 15, 2023. A hearing on the motion for class certification will be held on September 6, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. (Zamorski, Michael) |
| February 7, 2023 | Filing 76 Joint MOTION for Extension of Time to May 22, 2023 to Extend Discovery and Scheduling Order Deadlines by Homeworks Energy, Inc..(Sugumaran, Keerthi) |
| January 10, 2023 | Filing 75 STIPULATION and Agreement of Confidentiality by Homeworks Energy, Inc.. (Sugumaran, Keerthi) |
| December 1, 2022 | Filing 74 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| November 23, 2022 | Filing 73 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| November 21, 2022 | Filing 72 NOTICE by Joseph Giguere of Filing of 3rd Set Opt-ins this date (Attachments: #1 Exhibit A (3rd set filed today))(Dinsmore, Raymond) |
| November 21, 2022 | Filing 71 NOTICE by Joseph Giguere of Filing of 2nd Set Opt-ins this date (Attachments: #1 Exhibit A (2nd set filed today))(Dinsmore, Raymond) |
| November 21, 2022 | Filing 70 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| November 14, 2022 | Filing 69 Set/Reset Deadlines as to Motion Hearing set for 6/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| November 14, 2022 | Filing 68 Judge Mark G. Mastroianni: Electronic order entered granting #66 Joint Motion to Extend Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by February 21, 2023. Plaintiff shall file a motion for class certification by March 21, 2023. Defendant shall file any opposition to the motion for class certification by April 20, 2023. Plaintiff may file a reply brief in support of the motion for class certification by May 15, 2023. A hearing on the motion for class certification will be held on June 6, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference.(Zamorski, Michael) |
| November 11, 2022 | Filing 67 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| November 11, 2022 | Filing 66 Joint MOTION for Extension of Time [to Extend Deadlines] by Joseph Giguere.(Dinsmore, Raymond) |
| October 27, 2022 | Filing 65 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| October 14, 2022 | Filing 64 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| October 11, 2022 | Filing 63 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Dinsmore, Raymond) |
| October 6, 2022 | Filing 62 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Dinsmore, Raymond) |
| September 30, 2022 | Filing 61 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| September 12, 2022 | Filing 60 Judge Mark G. Mastroianni: Electronic order entered re: #59 Notice of Filing of Proposed Reminder Postcard for Court Approval. The court has reviewed Plaintiffs proposed reminder postcard and hereby approves the language therein.(Zamorski, Michael) |
| September 9, 2022 | Filing 59 NOTICE by Joseph Giguere of Filing of Proposed Reminder Postcard for Court Approval (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| August 29, 2022 | Filing 58 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| August 8, 2022 | Filing 57 Set/Reset Deadlines as to ( Motion Hearing set for 3/1/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni.), Set/Reset Hearings:( Status Conference set for 3/1/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni.) (Zamorski, Michael) |
| August 8, 2022 | Filing 56 Judge Mark G. Mastroianni: Electronic order entered granting #55 Joint Motion to Extend Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by November 21, 2022. Plaintiff shall file a motion for class certification by December 21, 2022. Defendant shall file any opposition to the motion for class certification by January 20, 2023. Plaintiff may file a reply brief in support of the motion for class certification by February 14, 2023. A hearing on the motion for class certification will be held on March 1, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. (Zamorski, Michael) |
| August 5, 2022 | Filing 55 Joint MOTION for Extension of Time to Extend Deadlines by Joseph Giguere.(Dinsmore, Raymond) |
| August 5, 2022 | Filing 54 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| July 25, 2022 | Filing 53 Judge Mark G. Mastroianni: Electronic order entered denying #50 Joint Motion to Request a Status Conference. The parties may file a motion seeking an extension of scheduling deadlines. (Figueroa, Tamara) |
| July 25, 2022 | Filing 52 Judge Mark G. Mastroianni: Electronic order entered denying #31 Motion to Compel, without prejudice. The parties argue about the appropriateness of the disputed discovery at the pre-certification stage. However, the court's ruling granting conditional certification should obviate much of the parties' dispute. Accordingly, the parties shall confer, after which Plaintiff may file a renewed motion to compel addressing any remaining disputes and containing updated arguments in light of the current procedural posture of this case. (Figueroa, Tamara). |
| July 25, 2022 | Filing 51 Judge Mark G. Mastroianni: Electronic order entered granting #46 Motion for Conditional Certification Pursuant to 29 U.S.C. 216(b). Plaintiff's motion for conditional certification has not been opposed by Defendant. In addition, the court finds Plaintiff has made a sufficient showing that "the putative class members were together the victims of a single decision, policy, or plan that violated the law." Trezvant v. Fidelity Employer Servs. Corp., 434 F. Supp. 2d 40, 43 (D. Mass. 2006); see also Gonpo v. Sonam's Stonewalls & Art LLC, 2018 WL 1725695, at *6 (D. Mass. Apr. 9, 2018) ("A plaintiff's burden is satisfied, as many courts have recognized, through a modest factual showing sufficient to demonstrate that they and potential plaintiffs together were victims of a common policy or plan that violated the law." (internal quotation marks omitted)). The court therefore conditionally certifies a collective defined as follows: All current and former Technician I, Technician II, and Crew Leads employed by HomeWorks Energy, Inc. from three years prior to the filing of the original complaint (2/5/2021) through the date of final judgment in this matter. Accordingly, the court finds that potential members of this collective should receive notice of this action along with the opportunity to opt-in. The court also approves of the language in Plaintiff's proposed summary notice, full notice, and opt-in forms, as well as Plaintiffs proposed manner of service. (Dkt. Nos. 47-5, 47-6, and 47-7.) Defendant shall post the full notice at its offices where Tech I, Tech II, and Crew Leads work by August 8, 2022. Defendant shall also produce the names, addresses, phone numbers, and email addresses of all individuals who fit within the collective, as defined above, by August 8, 2022, so that Plaintiff may send the notices and opt-in forms no later than August 22, 2022. Plaintiff shall file a proposed reminder postcard, to be mailed within 30 days of the first notice mailing, for court approval. Lastly, the court sets the notice period at 90 days from the date notice is mailed to the class, or no later than November 21, 2022; members of the collective must opt-in before this date to join the action. (Figueroa, Tamara) |
| July 21, 2022 | Filing 50 Joint MOTION for Hearing Requesting a Status Conference by Joseph Giguere.(Dinsmore, Raymond) |
| June 24, 2022 | Filing 49 NOTICE by Joseph Giguere of Filing Opt-ins (Attachments: #1 Exhibit A to Notice of Filing Opt-in)(Dinsmore, Raymond) (Attachment 1 replaced on 6/29/2022 with correct Exhibit A - the original Exhibit A being blank) (Finn, Mary). Modified on 6/29/2022 (Finn, Mary). |
| June 17, 2022 | Filing 48 NOTICE by Joseph Giguere of Filing of Opt-Ins (Attachments: #1 Exhibit A)(Dinsmore, Raymond) |
| June 15, 2022 | Filing 47 MEMORANDUM in Support re #46 MOTION to Certify Class filed by Joseph Giguere. (Attachments: #1 Exhibit A - Incentive/Disincentive, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - paystubs, #5 Exhibit E - Proposed Summary Notice, #6 Exhibit F - Opt-in Form, #7 Exhibit G - Detailed Notice)(Dinsmore, Raymond) |
| June 15, 2022 | Filing 46 MOTION to Certify Class by Joseph Giguere. (Attachments: #1 Exhibit 1 - Proposed Order)(Dinsmore, Raymond) |
| June 6, 2022 | Filing 45 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Opt-ins)(Dinsmore, Raymond) |
| May 23, 2022 | Filing 44 Set/Reset Hearings: Status Conference set for 1/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| May 23, 2022 | Filing 43 Set/Reset Deadlines as to Motion for Class Certification Hearing set for 1/6/2023 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| May 23, 2022 | Filing 42 Judge Mark G. Mastroianni: Electronic order entered granting #41 Joint Motion to Extend Discovery Deadlines. Non-expert discovery, as to the named Plaintiff, shall be completed by September 20, 2022. Plaintiff shall file a motion for class certification by October 21, 2022. Defendant shall file any opposition to the motion for class certification by November 22, 2022. Plaintiff may file a reply brief in support of the motion for class certification by December 12, 2022. A hearing on the motion for class certification will be held on January 6, 2023, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. (Zamorski, Michael) |
| May 20, 2022 | Filing 41 Joint MOTION for Extension of Time to 9/20/22 to Extend Discovery And Scheduling Order Deadlines by Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| May 17, 2022 | Filing 40 NOTICE by Joseph Giguere of Filing of Opt-ins (Attachments: #1 Exhibit A - Opt-ins)(Dinsmore, Raymond) |
| May 5, 2022 | Filing 39 NOTICE by Joseph Giguere of Filing of Opt-In Consent Forms (Attachments: #1 Exhibit A)(Dinsmore, Raymond) (Attachment 1 replaced on 10/27/2022) (Zamorski, Michael). |
| April 20, 2022 | Filing 38 ELECTRONIC NOTICE Canceling Hearing. Case Management Conference and Motion Hearing has been canceled due to extension of deadlines #29 . (Rivera, Christina) |
| April 8, 2022 | Filing 37 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #34 Motion for Extension of Time. New Deadlines are as follows Nonexpert Discovery June 20, 2022. Class Certification July 22,2022. Opposition to Class Certification Motion August 22, 2022. Reply to Opposition September 12, 2022. (Zamorski, Michael) |
| April 5, 2022 | Filing 36 AFFIDAVIT in Opposition re #31 MOTION to Compel filed by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Sugumaran, Keerthi) |
| April 5, 2022 | Filing 35 Opposition re #31 MOTION to Compel filed by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg. (Sugumaran, Keerthi) |
| April 5, 2022 | Filing 34 Joint MOTION for Extension of Time to Complete Discovery & Extend Scheduling Order Deadlines by Joseph Giguere.(Dinsmore, Raymond) |
| March 25, 2022 | Filing 33 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #32 Motion for Extension of Time to File Response/Reply re #32 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Compel Responses due by 4/5/2022. (Figueroa, Tamara) |
| March 24, 2022 | Filing 32 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Compel by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| March 15, 2022 | Filing 31 MOTION to Compel by Joseph Giguere. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dinsmore, Raymond) |
| January 14, 2022 | Filing 30 Set/Reset Hearings: Motion on class Certification or Status Conference set for 7/27/2022 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| January 14, 2022 | Filing 29 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #28 Joint Motion to Extend Discovery and Scheduling Order Deadlines. See attached Revised Scheduling ORDER for complete details.(Zamorski, Michael) |
| January 11, 2022 | Filing 28 Joint MOTION for Extension of Time to April 21, 2022 to Complete Discovery by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| October 28, 2021 | Filing 27 ANSWER to #24 Amended Complaint by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| October 15, 2021 | Filing 26 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #25 Motion for Extension of Time to Answer re #25 Assented to MOTION for Extension of Time to 10/29/2021 to File Answer Martijn Fleuren answer due 10/29/2021; Homeworks Energy, Inc. answer due 10/29/2021; Max Veggeberg answer due 10/29/2021. (Figueroa, Tamara) |
| October 14, 2021 | Filing 25 Assented to MOTION for Extension of Time to 10/29/2021 to File Answer by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Sugumaran, Keerthi) |
| September 30, 2021 | Filing 24 AMENDED COMPLAINT against All Defendants, filed by Joseph Giguere.(Dinsmore, Raymond) |
| September 30, 2021 | Filing 23 Judge Mark G. Mastroianni: Electronic order entered granting #22 Motion to Amend Complaint, as unopposed. 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. (Zamorski, Michael) |
| August 30, 2021 | Filing 22 MOTION to Amend Complaint by Joseph Giguere. (Attachments: #1 Exhibit Proposed Amended Complaint)(Dinsmore, Raymond) |
| August 25, 2021 | Filing 21 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying #20 Motion to Amend Complaint, without prejudice to refiling in compliance with Local Rule 7.1(a)(2), which states: No motion shall be filed unless counsel certify that they have conferred and have attempted in good faith to resolve or narrow the issue. Any refiled motion to amend shall indicate whether the opposing parties assent or oppose the requested relief. (Lindsay, Maurice) |
| August 23, 2021 | Filing 20 MOTION to Amend Complaint by Joseph Giguere. (Attachments: #1 Exhibit Proposed Amended Complaint)(Dinsmore, Raymond) |
| July 21, 2021 | Filing 19 Motion Hearing on class certification set for 4/26/2022 at 11:00 AM in Hampden Courtroom before Judge Mark G. Mastroianni. (Rivera, Christina) |
| July 21, 2021 | Filing 18 Judge Mark G. Mastroianni: ORDER entered: SCHEDULING ORDER: The parties shall exchange initial disclosures as required by Fed. R. Civ. P. 26(a)(1) on or before July 22, 2021. A hearing on the motion for class certification will held on April 26, 2022, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. See attached Scheduling Order for further details. (Rivera, Christina) |
| July 21, 2021 | Filing 17 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Scheduling Conference held on 7/21/2021. (Attorneys present: Atty Dinsmore for Plaintiff, Atty Hoffman and Sugumaran for Deft.) Colloquy re: Proposed dates. Court will adopt proposed dates and issue an Order. (Court Reporter: Alice Moran [email protected].) (Rivera, Christina) |
| July 21, 2021 | Filing 16 Judge Mark G. Mastroianni: SCHEDULING ORDER entered as follows: The parties shall exchange initial disclosures due on or before 7/22/21, Plaintiff may file a reply brief in support of the motion for class certification by 4/13/22, and A hearing on the motion for class certification will held on April 26, 2022, at 11:00 a.m. If no motion for class certification is filed, this hearing shall be converted to a status conference. See the attached scheduling order for complete details. (Lindsay, Maurice) |
| July 20, 2021 | Filing 15 Remark: Clerk provided Telephone Conference call-in information to all parties via email. (Rivera, Christina) |
| July 6, 2021 | Filing 14 ELECTRONIC NOTICE OF RESCHEDULING: Scheduling Conference previously set for 7/14/2021 is canceled and rescheduled due to Court Trial. Scheduling Conference set for 7/21/2021 at 11:30 AM in Remote Proceeding via Telephone: before Judge Mark G. Mastroianni. **Telephone Conference call-in information: Telephone Conf No. 888-278-0296, Access Code 8907163** (Rivera, Christina) |
| July 2, 2021 | Filing 13 CERTIFICATION pursuant to Local Rule 16.1 . (Hoffman, Douglas) |
| June 25, 2021 | Filing 12 Disclosure pursuant to Rule 26 by Joseph Giguere.(Dinsmore, Raymond) |
| June 23, 2021 | Filing 11 CERTIFICATION pursuant to Local Rule 16.1 . (Dinsmore, Raymond) |
| June 23, 2021 | Filing 10 JOINT SUBMISSION pursuant to Local Rule 16.1 by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Hoffman, Douglas) |
| May 4, 2021 | Filing 9 NOTICE of Scheduling Conference Scheduling Conference set for 7/14/2021 02:00 PM in Hampden Courtroom before Judge Mark G. Mastroianni. (Zamorski, Michael) |
| April 26, 2021 | Filing 8 ANSWER to #1 Complaint, by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Hoffman, Douglas) |
| April 23, 2021 | Filing 7 NOTICE of Appearance by Keerthi Sugumaran on behalf of Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg (Sugumaran, Keerthi) |
| April 21, 2021 | Filing 6 WAIVER OF SERVICE Returned Executed by Joseph Giguere. All Defendants. (Dinsmore, Raymond) |
| April 21, 2021 | Filing 5 NOTICE of Appearance by Douglas J. Hoffman on behalf of Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg (Hoffman, Douglas) |
| March 24, 2021 | Filing 4 NOTICE of Appearance by Raymond E. Dinsmore, III on behalf of Joseph Giguere (Dinsmore, Raymond) |
| February 8, 2021 | Filing 3 Summons Issued as to Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg. 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. (Lindsay, Maurice) |
| February 8, 2021 | Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Lindsay, Maurice) |
| February 5, 2021 | Filing 1 COMPLAINT - Collective and Class Action against All Defendants Filing fee: $ 402, receipt number 0101-8625244 (Fee Status: Filing Fee paid), filed by Joseph Giguere. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Sheet)(Dinsmore, Raymond) |
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The Law and Lawyers Blog
LawDim is a legal media and services platform that provides enlightenment and access to legal services to members of the public (individuals and businesses) while also availing lawyers of needed information on new trends and resources in various areas of practice.
HomeWorks Energy Lawsuit: What You Need to Know
HomeWorks Energy, Inc. is a Massachusetts-based home energy assessment and upgrade company. In February 2021, a class-action lawsuit was filed against HomeWorks Energy alleging wage violations, including illegal overtime pay and deductions from employee paychecks for minor infractions.
The lawsuit alleges that HomeWorks Energy violated the Fair Labor Standards Act (FLSA) by deducting money from employee paychecks for minor infractions, such as receiving customer complaints or leaving a tool at the job site. The lawsuit also alleges that HomeWorks Energy failed to include all of an employee’s income when calculating overtime pay, which resulted in unpaid overtime wages.
The lawsuit is still ongoing, and HomeWorks Energy has denied the allegations. However, if the lawsuit is successful, it could result in significant back pay and liquidated damages for HomeWorks Energy employees.
Table of Contents
Q: Who is eligible to participate in the HomeWorks Energy lawsuit?
A: All HomeWorks Energy employees who were paid on an hourly basis and who were subject to wage deductions or unpaid overtime wages are eligible to participate in the lawsuit.
Q: What damages are available in the HomeWorks Energy lawsuit?
A: If the lawsuit is successful, HomeWorks Energy employees may be eligible to recover back pay, liquidated damages, and attorneys’ fees.
Q: How do I join the HomeWorks Energy lawsuit?
A: If you are a HomeWorks Energy employee and you believe that you have been the victim of wage violations, you should contact the law firm representing the plaintiffs in the lawsuit.
Q: What is the status of the HomeWorks Energy lawsuit?
A: The lawsuit is still ongoing.
Q: What is the likelihood that the HomeWorks Energy lawsuit will be successful?
A: It is impossible to say with certainty whether the lawsuit will be successful. However, the law firm representing the plaintiffs has a strong track record of success in wage and hour cases.
Q: What should I do if I am a HomeWorks Energy employee and I believe that I have been the victim of wage violations?
Conclusion:.
The HomeWorks Energy lawsuit is a significant case for HomeWorks Energy employees and for the wage and hour law community as a whole. If the lawsuit is successful, it could result in significant back pay and liquidated damages for HomeWorks Energy employees. It could also send a strong message to other employers that wage violations will not be tolerated.
References:
- HomeWorks Energy Inc. Class Action – Hayber, McKenna & Dinsmore: https://www.hayberlawfirm.com/employee-rights/pending-class-actions/homeworks-energy-inc-class-action/
- HomeWorks Energy | Complaints | Better Business Bureau® Profile: https://www.bbb.org/us/ma/medford/profile/home-performance-contractor/homeworks-energy-0021-132630/complaints
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February 05, 2021
Giguere v. Homeworks Energy, Inc. et al
Track this case
Case Number:
3:21-cv-30015
Massachusetts
Nature of Suit:
Labor: Fair Standards
Multi Party Litigation:
Mark G. Mastroianni
- Hayber McKenna
- Jackson Lewis PC
View recent docket activity
Reflects complaints, answers, motions, orders and trial notes entered from Jan. 1, 2011. Additional or older documents may be available in Pacer.
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Lawyers in Norfolk Southern Crash Want $162 Million for Work
By Eric Heisig
Attorneys representing those affected by a fiery and toxic train derailment last year in East Palestine, Ohio, are requesting $162 million of the $600 million settlement that Norfolk Southern Corp. agreed to pay in a series of lawsuits.
The litigation that led to the settlement involved more than 35 law firms contributing nearly 60,000 hours, taking 70 depositions, poring over more than one million documents, drafting court filings, and having experts create an environmental sampling and testing program, a memorandum filed late Sept. 6 says. The 27% attorneys’ fees request is within the range of awards that judges on and ...
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New Freeport residents file class-action lawsuit against Pittsburgh-based gas drilling company EQT
WESA's local, independent journalism is only possible because of financial support from readers like you. Please support WESA by making a donation during our fall fundraising campaign.
Pittsburgh-based oil and gas company EQT Corporation is facing accusations from Greene County residents in a class-action lawsuit filed this summer. The complaint, filed June 20, alleges the company’s natural gas drilling operations in New Freeport contaminated the community’s groundwater aquifers in June 2022.
Residents are being represented by Washington D.C.-based Russell Law Firm and Waynesburg Pa.-based Hook & Hook. While their legal teams have not responded to requests for comment, the lawsuit details eight counts against EQT including negligence and breaches in duty of care. The suit also seeks compensatory and punitive damages as well as injunctive relief, including future medical monitoring for affected residents.
Residents report their water wells in New Freeport became unusable right around the same time that fluid started erupting from an abandoned gas well along the town’s Main Street, June 19, 2022. A Department of Environmental Protection inspection report from June 23, 2022 indicates it was the result of a “communication incident” between EQT’s Lumber well pad and the abandoned Fox Hill well.
“EQT was notified by the landowner on 6/19/2022 of the communication incident. EQT investigated and determined hydraulic fracturing operations at the Lumber well site communicated to an offset well,” the DEP report reads , then continues: “EQT personnel observed fluid and gas expressing from the offset well. EQT stopped stimulation activities on the Lumber 13H and the fluid and gas observations at the offset well subsided.”
EQT maintains that there is insufficient evidence to support that the company’s Lumber Pad wells had any impact on the abandoned well in New Freeport. In a statement to WESA, an EQT spokesperson wrote “EQT is confident that our operations in Greene County have not impacted area residents or their properties and will vigorously defend against the claims in court.”
“EQT sampled nearby water supplies, performed technical investigations and implemented a robust monitoring plan,” the statement reads. “These efforts enabled EQT to determine that there was no communication between the two wells as EQT safely resumed its operations in the area.”
The U.S. Census Bureau indicates 80 people live in New Freeport as of 2022, but the suit’s proposed class could have at least 100 members. Impacted residents are defined as anyone who lived or owned property within a 10,500 foot radius of any portion of a well bore that originates from EQT’s Lumber well pad or Spleen Splitter well pad between June 19, 2022 and the date of class certification.
A geyser in New Freeport
“Communication” between wells is sometimes called a “frac-out” when pressurized drilling fluid finds a seepage pathway, like an abandoned well, and finds its way to the surface. The Pennsylvania Department of Environmental Protection has reported 410 cases of water supplies impacted by oil and gas activities since 2007 . According to the state, there are over 350,000 abandoned and unplugged gas wells in Pennsylvania . Since the incident in June, 2022, the abandoned well in New Freeport was adopted by EQT; the company indicated plans to plug it.
Some residents there say they’ve found compounds associated with fracking in their water, including ethane, butane, propane, and surfactants. EQT has reportedly denied responsibility for the town’s water quality on the premise that New Freeport is outside the company’s zone of presumption –– a 2,500 foot range in which they could be implicated in water issues.
In fall 2022, the DEP investigated resident complaints of contaminated water, but the agency did not come to a conclusive finding. The lawsuit quotes letters the DEP mailed to residents that stated, “based on information obtained to date, the Department has determined that further investigation is necessary to determine whether the Water Supply has been affected as a result of oil and gas activities.”
The DEP reached a settlement with EQT in November 2023, allowing the company to continue fracking so long as it monitors its operations and provides a list of chemicals used in its fracking fluid to the DEP. The settlement did not address New Freeport’s water quality or the financial hardship for those coping without clean well water. EQT continues drilling operations there.
According to a statement to WESA from DEP spokesperson Lauren Camarda, EQT must grant access to “unprecedented, real-time microseismic data,” which the DEP will use “to protect all wells and water supplies in the area.” EQT also had to submit a causation report for the initial June 2022 communication incident, which the DEP is currently reviewing.
Camarda wrote that EQT has observed all requirements following the settlement. As for New Freeport’s water, Camarda said the DEP so far “has not found links to gas drilling” in 13 of the 24 complaints submitted to the agency.
As EQT keeps drilling, the DEP will “continue to monitor on-site conditions, submitted data and reports, and respond to any complaints made by the public,” Camarda wrote. “DEP has scrutinized, and continues to scrutinize, EQT’s operations related to the Lumber and Spleen Splitter well pads based on an apparent communication incident in June 2022.”
Water Drives
Lisa DePaoli, with the Center for Coalfield Justice, said her organization wants to see legislation that would hold large companies like EQT accountable.
EQT operates thousands of oil and gas wells in Pennsylvania. Between EQT’s Lumber and Spleen Splitter well pads, the company operates 13 active wells near New Freeport. On July 22, EQT announced the acquisition of Equitrans Midstream, creating, “America's only large-scale, vertically integrated natural gas business.” EQT reported an annual revenue of approximately $7.5 billion in 2022.
“Places like [New Freeport] get left out and forgotten, especially when they're poor and rural,” DePaoli said. “We've been to D.C. talking about it, we've asked the governor, we've done a lot of things to try to get some attention on this issue, but it’s not solved yet.”
DePaoli said some households were provided with a water buffalo tank on their property in September of 2023 after her organization supported residents in a “public pressure campaign.”
In an email to WESA, DePaoli wrote that EQT informed residents in July that they could continue receiving refills for those tanks for another year only if they signed a non-disclosure agreement that would release all claims against EQT. As an alternative to water buffalo refills, the company also offered to install Culligan filtration systems for residents who sign the agreement, she said.
“We also learned from the filtration system provider identified by EQT that the systems cannot filter specific contaminants related to fracking,” DePaoli wrote. “We do not know of any residents who felt safe enough to sign the NDA.”
New Freeport is a very isolated community in Greene County; the nearest grocery store is a 30-minute car ride. DePaoli said today her organization is holding another water drive for residents there. It’s the latest of three water drives the Pennsylvania nonprofit has held for the community. DePaoli reports her organization has raised almost $1,000 since July 25.
“The big picture isn't changing –– that is that the water's contaminated and has been for some time,” DePaoli said. “No one's holding the company accountable, and there's a lot that needs to happen to right the situation and prevent something like this from happening again.”
The water drive is hosted through the Center’s website and will run indefinitely.
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SHAREHOLDER ALERT: Pomerantz Law Firm Announces the Filing of a Class Action Against NANO Nuclear Energy, Inc. -NNE
News provided by
Sep 09, 2024, 16:06 ET
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NEW YORK , Sept. 9, 2024 /PRNewswire/ -- Pomerantz LLP announces that a class action lawsuit has been filed against NANO Nuclear Energy, Inc. ("NNE" or the "Company") (NASDAQ: NNE ). Such investors are advised to contact Danielle Peyton at [email protected] or 646-581-9980, (or 888.4-POMLAW), toll-free, Ext. 7980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and the number of shares purchased.
The class action concerns whether NNE and certain of its officers and/or directors have engaged in securities fraud or other unlawful business practices.
You have until October 8, 2024 , to ask the Court to appoint you as Lead Plaintiff for the class if you are a shareholder who purchased or otherwise acquired NNE securities during the Class Period. A copy of the Complaint can be obtained a t www.pomerantzlaw.com .
[Click here for information about joining the class action]
On July 19, 2024 , Hunterbrook Media published a report entitled "Fission Impossible: Nano Nuclear has no revenue, no Products, "Laughable" Timelines, Part-Time Executives, and a $600 Million Market Cap" (the "Hunterbrook Report").
The Hunterbrook Report quoted an industry expert who called NNE's timeline "frankly laughable" and a former chair of the U.S. Nuclear Regulatory Commission who said flatly that it "won't happen," citing competitors with more expertise and resources that have taken 15 to 20 years to complete similar projects. The Hunterbrook Report also revealed that NNE's executive chairman and president, Chief Executive Officer, and Chief Financial Officer work as independent contractors at the Company and continue to hold senior management positions at other penny-stock companies. Significantly, the Hunterbrok Report revealed that "[a]s of July 2024 , the U.S. Nuclear Regulatory Commission does not list NNE among the companies that have begun preapplication activities for the kind of reactor NNE is pitching." The Hunterbrook Report quoted an NRC public affairs officer as saying the Advanced Reactor department is "not aware of this company" and "we have not had any pre-application dealings with them." Despite the Company's claim that approvals for a uranium fuel fabrication facility were "pretty much complete," NNE appears to have "filed no permitting or regulatory application documents with the NRC" based on a review of the agency's publicly available online records.
On this news, NNE's stock price fell $6.71 per share, or 29.59%, over the following three trading sessions, closing at $15.97 per share on July 22, 2024 .
Pomerantz LLP, with offices in New York , Chicago , Los Angeles , London , Paris , and Tel Aviv , is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz , known as the dean of the class action bar, Pomerantz pioneered the field of securities class actions. Today, more than 85 years later, Pomerantz continues in the tradition he established, fighting for the rights of the victims of securities fraud , breaches of fiduciary duty, and corporate misconduct. The Firm has recovered billions of dollars in damages awards on behalf of class members. See www.pomlaw.com .
Attorney advertising. Prior results do not guarantee similar outcomes.
CONTACT: Danielle Peyton Pomerantz LLP [email protected] 646-581-9980 ext. 7980
SOURCE Pomerantz LLP
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Nne shareholder alert: bronstein, gewirtz and grossman, llc announces that nano nuclear energy inc. investors have opportunity to lead class action lawsuit.
NEW YORK, NY / ACCESSWIRE / September 10, 2024 / Bronstein, Gewirtz & Grossman, LLC, a nationally recognized law firm, notifies investors that a class action lawsuit has been filed against NANO Nuclear Energy Inc. ("NNE" or "the Company") (NASDAQ:NNE) and certain of its officers.
Class Definition
This lawsuit seeks to recover damages against Defendants for alleged violations of the federal securities laws on behalf of all persons and entities that purchased or otherwise acquired NNE securities between May 8, 2024, and July 18, 2024, inclusive (the "Class Period"). Such investors are encouraged to join this case by visiting the firm's site: bgandg.com/NNE .
Case Details
The complaint alleges throughout the Class Period, Defendants made false and/or misleading statements, and failed to disclose material facts, including that: a) NNE's purported progress toward regulatory approval for the design of its planned micro reactors and fuel fabrication plant was nonexistent; b) NNE's timelines for commercialization were wildly optimistic, at best, and most likely impossible; c) the foregoing issues were likely to have a material negative impact on the Company's projected revenues and growth; d) as a result, the Company's financial position and/or prospects were overstated; and e) as a result, Defendants' public statements were materially false and misleading at all relevant times.
What's Next?
A class action lawsuit has already been filed. If you wish to review a copy of the Complaint, you can visit the firm's site: bgandg.com/NNE or you may contact Peretz Bronstein, Esq. or his Client Relations Manager, Nathan Miller, of Bronstein, Gewirtz & Grossman, LLC at 332-239-2660 . If you suffered a loss in NNE you have until October 8, 2024, to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as lead plaintiff.
There is No Cost to You
We represent investors in class actions on a contingency fee basis. That means we will ask the court to reimburse us for out-of-pocket expenses and attorneys' fees, usually a percentage of the total recovery, only if we are successful.
Why Bronstein, Gewirtz & Grossman
Bronstein, Gewirtz & Grossman, LLC is a nationally recognized firm that represents investors in securities fraud class actions and shareholder derivative suits. Our firm has recovered hundreds of millions of dollars for investors nationwide.
Attorney advertising. Prior results do not guarantee similar outcomes.
Bronstein, Gewirtz & Grossman, LLC Peretz Bronstein or Nathan Miller 332-239-2660 | [email protected]
SOURCE: Bronstein, Gewirtz & Grossman, LLC
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Filing 8 ANSWER to #1 Complaint, by Martijn Fleuren, Homeworks Energy, Inc., Max Veggeberg.(Hoffman, Douglas) April 23, 2021: Filing 7 ... Collective and Class Action against All Defendants Filing fee: $ 402, receipt number 0101-8625244 (Fee Status: Filing Fee paid), filed by Joseph Giguere. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 ...
The Court ordered that you be sent this Notice because you opted into this case and have a right to know about the collective action settlement. The Court overseeing this settlement is the United States District Court in Massachusetts and the litigation is Joseph Giguere, v. HomeWorks Energy, Inc., et al., Case No. 3:21-cv-30015.
It is illegal to retaliate against an employee who joins a lawsuit like this. If you experience retaliation, we will help you. V. Where can I go to get answers to my questions? Call Us. 860-522-8888. VI. Who are the lawyers representing? Hayber, McKenna & Dinsmore, LLC. VII.
HomeWorks Energy, Inc. is a Massachusetts-based home energy assessment and upgrade company. In February 2021, a class-action lawsuit was filed against HomeWorks Energy alleging wage violations, including illegal overtime pay and deductions from employee paychecks for minor infractions.
HomeWorks Energy, Inc. Class Action
Homeworks Energy, Inc. et al, case number 3:21-cv-30015, from Massachusetts Court. ... Banking Bankruptcy Benefits California Cannabis Capital Markets Class Action Colorado Commercial Contracts ...
Pursuant to California Rule of Court 3.1113 (d), an opening or responding memorandum on any motion other than a motion for summary judgment or adjudication may not exceed 15 substantive pages. (Cal Rule of Court 3.1113 (d).) A party may seek leave to file an overlength memorandum. (Rule of Court 3.1113 (e).)
Active class action lawsuit involving hundreds of employees - Auditor Manager HomeWorks Energy Employee Review See All Reviews . 1.0. Jan 22, 2024. Auditor Manager. Former Employee, more than 3 years. Medford, MA. Recommend. CEO Approval. Business Outlook. Pros.
NEW YORK, Sept. 05, 2024 (GLOBE NEWSWIRE) -- Levi & Korsinsky, LLP notifies investors in NANO Nuclear Energy Inc. ("NNE" or the "Company") (NASDAQ: NNE) of a class action securities lawsuit ...
Jeetander T. Dulani is partner at Stinson and focuses on merger control, antitrust litigation (including class actions), and civil and criminal government investigations. J. Nicci Warr is partner at Stinson, where she focuses on antitrust and competition-related litigation and counseling. Write for Us: Author Guidelines
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Pittsburgh-based oil and gas company EQT faces a class-action lawsuit filed in June that alleges the company's operations near New Freeport contaminated residents' water wells in June 20-22.
HomeWorks Energy | Better Business Bureau® Profile
NEW YORK, Sept. 3, 2024 /PRNewswire/ -- Levi & Korsinsky, LLP notifies investors in NANO Nuclear Energy Inc. ("NNE" or the "Company") (NASDAQ: NNE) of a class action securities lawsuit. CLASS ...
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NEW YORK, Sept. 10, 2024 /PRNewswire/ -- Levi & Korsinsky, LLP notifies investors in NANO Nuclear Energy Inc. ("NNE" or the "Company") (NASDAQ: NNE) of a class action securities lawsuit. CLASS ...
Class Action Lawsuit Against Opioid Manufacturers; Energy Initiatives. Community Choice Power Supply Program; HomeWorks Energy Assesment; Norther Tier Rail Project; School; Library; Senior Center; History. An early and Founding History of Clarksburg 1636 to 1925; Old Photos; Resources. Town Bylaws;
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NEW YORK, Sept. 9, 2024 /PRNewswire/ -- Pomerantz LLP announces that a class action lawsuit has been filed against NANO Nuclear Energy, Inc. ("NNE" or the "Company") (NASDAQ: NNE).Such investors ...
NEW YORK, NY / ACCESSWIRE / September 10, 2024 / Bronstein, Gewirtz & Grossman, LLC, a nationally recognized law firm, notifies investors that a class action lawsuit has been filed against NANO Nuclear Energy Inc. ("NNE" or "the Company") (NASDAQ:NNE) and certain of its officers.
Class Action Lawsuit Against Opioid Manufacturers; Energy Initiatives. Community Choice Power Supply Program; HomeWorks Energy Assesment; Norther Tier Rail Project; School; Library; Senior Center; History. An early and Founding History of Clarksburg 1636 to 1925; Old Photos; Resources. Town Bylaws;