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SMG Group, LLC

In overtime rights lawsuit is brought on behalf of salaried store managers at convenience stores operating under brands such as Joe’s Kwik Marts, UniMart, HyMiller, Zoomers, Rocky Top Market, and Express Lane. The lawsuit is brought against an Allentown, PA company called SMG Group, LLC, which employed the store managers. According to the lawsuit, the store managers are entitled to overtime pay because, among other reasons, they spend most of their time performing the same type of non-managerial work as the stores' hourly employees. The company denies violating any laws.

This lawsuit is going forward at the United States District Court in Scranton, PA. The deadline for current/former store managers to join this lawsuit has passed. We are very pleased that 95 individuals have joined the lawsuit.

Please call us at (215) 884-2491 if you have any questions about this lawsuit. Also, additional information is available below:

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Case Updates

Jun 20, 2016

Today, our firm filed a class and collective action lawsuit against SMG Group, LLC in the United States District Court in Scranton, PA. The lawsuit has been assigned to District Judge Robert M. Mariani. The lawsuit seeks to recover overtime overtime wages for store managers at convenience stores operating under the brand names: Joe’s Kwik Marts, UniMart, HyMiller, Zoomers, Rocky Top Market, and Express Lane. A copy of the Complaint is available below.

Jul 24, 2016

Today, the company filed an Answer to the Complaint. In the Answer, Defendant denies violating the law. A copy of the Answer is available below.

Aug 10, 2016

Today, the company filed an Amended Answer. A copy of the Amended Answer is available below.

Sep 15, 2016

Today, our firm filed a motion asking the Judge to provide information about the lawsuit to all store managers who may be eligible to join this lawsuit.

Oct 12, 2016

Today, the Judge entered an order "staying" all proceedings until after he rules on the September 15, 2016 motion described above. A copy of the Court's order is available below.

Jan 31, 2018

We are pleased to report that, earlier today, Federal Magistrate Judge Martin Carlson issued a 10-page opinion recommending that the September 15, 2016 "notice" motion (described above) be granted. A copy of judge Carlson's opinion is available below.

Mar 5, 2018

Today, Judge Mariani issued and order adopting Magistrate Judge Carlson's recommendation and granted the "notice" motion. This is good news for the workers. A copy of this order is available below.

Mar 15, 2018

Today, the Judge issued an order approving the notice form that will be sent out to over individuals who are eligible to join this lawsuit. A copy of the order is available below.

Jul 18, 2018

The deadline for individuals to join this lawsuit has now passed. We are very happy that 95 current/former managers have joined the lawsuit.

Aug 9, 2018

Today, the Judge issued an order establishing a schedule for the case going forward. A copy of the order is available below. The most notable deadline is the January 18, 2019 to complete discovery in this case.

Aug 21, 2018

The federal court system has many different "judicial districts." This lawsuit has been assigned to a Judge who serves in the Middle District of Pennsylvania and sits in Scranton, PA. The company recently filed a motion asking that the lawsuit be transferred to the Eastern District of Pennsylvania, which has courthouses in Reading, Allentown, Easton, and Philadelphia, PA. We are opposing the transfer. Our legal papers opposing the motion are available below.

Sep 26, 2018

We are pleased to report that, earlier today, Magistrate Judge Carlson issued a Report and Recommendation advising that the company's motion to transfer be denied. A copy of the Report and Recommendation is available below.

Sep 28, 2018

Today, the Judge issued an order extending the discovery deadline to March 19, 2019. A copy of the order is available below.

Oct 11, 2018

Today, Judge Mariani issued an order adopting Judge Carlson's September 26, 2018 Report and Recommendation. As a result, the company's attempt to transfer this lawsuit from Scranton, PA to Allentown, PA has failed. The lawsuit will go forward in Scranton. A copy of the order is available below.

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