UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

LISA PIAZZA, individually and on behalf of 

all others similarly situated, 

Plaintiff, 

v. 

NEW ALBERTSONS, LP; JEWEL FOOD 

STORES, INC.; and AMERICAN DRUG 

STORES, LLC d/b/a JEWEL-OSCO, 

Defendants. 

No. 1:20-cv-03187 

Judge Mary M. Rowland 

Magistrate Sheila M. Finnegan 

JOINT MOTION FOR COURT APPROVAL AND ENTRY OF STIPULATION ON 

DEFENDANTS’ EMERGENCY MOTION FOR STAY OF LITIGATION AND 

EMERGENCY HEARING REGARDING PLAINTIFF’S COUNSEL JASON 

CONWAY’S POTENTIAL WITNESS TAMPERING AND FRAUDULENT 

REPRESENTATIONS REGARDING INTERROGATORY VERIFICATIONS 

Plaintiff Lisa Piazza (“Plaintiff”) and Defendants, New Albertsons, L.P., incorrectly named 

New Albertsons, Inc., Jewel Food Stores, Inc. d/b/a “Jewel” and American Drug Stores, LLC, 

d/b/a “Osco” (“Defendants”) (collectively, “the Parties”), by and through their undersigned 

counsel, hereby submit the following Joint Motion for Approval and Entry of Stipulation. In 

support of their Motion, the Parties state as follows:

I. Background 

1. This action was commenced on May 29, 2020, and seeks the recovery of unpaid 

overtime under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., and Illinois Minimum Wage 

Law (“IMWL”), 820 ILCS 105/1, et seq. on behalf of an FLSA collective and Rule 23 class 

comprising Jewel-Osco’s current and former Assistant Store Directors (“ASDs”). (See generally,

Dkt. 1 (Class and Collective Action Complaint)). 

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2. On June 2, 2023, Defendants filed an Emergency Motion for Stay of Litigation and 

Emergency Hearing Regarding Plaintiff’s Counsel Jason Conway’s Potential Witness Tampering 

and Fraudulent Representations Regarding Interrogatory Verifications (“Defendants’ Emergency 

Motion”). (Dkt. 176). 

3. On June 5, 2023, the Court entered a briefing schedule providing Plaintiff until June 

9, 2023, to submit a response to Defendants’ Emergency Motion and to schedule a short hearing 

by video on June 7, 2023. (Dkt. 178). 

4. On June 7, 2023, the Court held an emergency hearing by video on Defendants’ 

Emergency Motion. The Court took the matter under advisement, ordered a temporary stay of 

discovery until further order of the Court, affirmed that Plaintiff had until June 9, 2023 to respond 

to Defendants’ Emergency Motion, and ordered Defendants to file their Reply by June 16, 2023. 

(Dkt. 179). 

5. On June 9, 2023, Plaintiff requested and was granted an extension until June 12, 

2023, to submit her Response to Defendants’ Emergency Motion. Defendants reply date was 

revised to June 19, 2023. (Dkt. 182). 

6. On June 12, 2023, Plaintiff filed her Response in Opposition to Defendants’ 

Emergency Motion and Cross-Motion for Sanctions and Depositions of Eric Stevenson and Luigi 

De Matteo (“Plaintiff’s Cross Motion for Sanctions”). (Dkt. 183). In the Response, Plaintiff’s 

Counsel deny the allegations in Defendants’ Emergency Motion. Plaintiff thereafter supplemented 

the filings with various exhibits between June 14, 2023, and June 15, 2023. (Dkt. Nos. 185, 187, 

188). 

7. On June 22, 2023 (upon order of extension by the Court, Dkt. 189), Defendants 

filed their Reply in Support of their Emergency Motion. (Dkt. 194). 

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8. On June 27, 2023, Plaintiff filed a Reply in Support of Plaintiff’s Cross-Motion for 

Sanctions and Depositions. (Dkt. 197). 

9. On June 28, 2023, Plaintiff filed a Motion for Leave to File Amended Class and 

Collective Action Complaint (“Plaintiff’s Motion to Amend”). (Dkt. 198). 

10. On July 5, 2023, the Court held a motion hearing by video on Plaintiff’s Motion for 

a Continuance of Depositions, Defendants’ Emergency Motion, and Plaintiff’s Cross Motion for 

Sanctions. After hearing argument from both Parties, the Court took Defendants’ Emergency 

Motion and Plaintiff’s Cross Motion for Sanctions under advisement and further ordered Plaintiff 

to file the following additional information by July 17, 2023: 

a. A document identifying each alleged statement of opposing counsel made in 

writing or during a court hearing that Plaintiff's counsel believed to be a threat 

to seek sanctions against Discovery Opt-Ins personally (copies of written 

documents containing the statements should be attached); 

b. A declaration from paralegal Cheryl Hesson of Levin Sedran & Berman to 

supplement the June 12, 2023 declaration of Mr. Levin describing Ms. Hesson's 

written and verbal communications with Discovery Opt-Ins (between 

10/21/2022 and 5/26/2023) regarding discovery responses and whether and 

when she drafted any discovery responses, and to whom she provided the 

responses (e.g., Mr. Conway and Opt-Ins), and when and how this was done; 

c. Copies of all emails sent by Mr. Conway and Ms. Hesson to the Opt-Ins (or 

received from the Opt-Ins) between 10/1/2022 and 5/26/2023 relating to their 

discovery responses; 

d. Copies of all emails exchanged between Mr. Conway and Ms. Hesson between 

10/1/2022 and 5/26/2023 relating to the Opt-In discovery responses. If a 

privilege is asserted as to any particular email, Plaintiff may provide it to the 

Court for in camera review on a provisional basis; 

e. Phone records that identify calls between Ms. Hesson and the Discovery OptIns between 10/1/2022 and 5/26/2023; and 

f. Screenshots of the original pdf verifications saved in a folder on Mr. Conway's 

work computer (as described by him during the hearing) reflecting the date each 

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was created and modified. 

(Dkt. 203). 

11. On July 12, 2023, Plaintiffs filed a Motion for Extension of Time to Submit 

Additional Materials Pursuant to Court Order dated July 5, 2023. (Dkt. 204). The Court granted 

the extension for Plaintiff to file the supplemental materials until July 24, 2023. (Dkt. 205). 

12. A video hearing on Defendants’ Emergency Motion and Plaintiff’s Cross Motion 

is currently scheduled for August 8, 2023. (Dkt. Nos. 203, 205). 

II. Relief Sought in Defendants’ Emergency Motion 

13. Defendants’ Emergency Motion seeks that in the event the Court determines 

(whether through the Court’s own investigation or appointment of a Special Master at Mr. 

Conway’s expense) that Mr. Conway engaged in witness coercion or knowingly misrepresented 

that his clients verified their interrogatory responses, that the Court impose the following 

sanctions: (1) Mr. Conway be disqualified from this case; (2) Mr. Conway’s pro hac vice 

admission be revoked; and (3) monetary sanctions be imposed against Mr. Conway. (Dkt. Nos. 

176 and 194). 

14. In their Reply, Defendants also requested that Plaintiff’s Cross Motion for 

Sanctions be denied as without merit and brought in bad faith. (Dkt. 194). 

III. Plaintiff’s Motion to Amend Complaint 

15. Plaintiff’s Motion to Amend seeks to expand the scope of the collective and 

class(es) to include assistant store directors employed by other entities and banner divisions 

beyond the currently certified collective of ASDs employed by Jewel-Osco entity. 

16. Pursuant to a joint request, the Parties’ briefing on Plaintiff’s Motion to Amend is 

stayed pending Judge Finnegan’s ruling on Defendants’ Emergency Motion and Plaintiff’s Cross 

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Motion for Sanctions. (Dkt. 211). 

III. Plaintiff’s Counsel Requests to Meet and Confer 

17. On July 12, 2023, Plaintiff’s Counsel Daniel Levin (“Mr. Levin”) emailed 

Defendants’ counsel to schedule a call to discuss Defendants’ Emergency Motion. Defendants’ 

attorneys, Jennifer Schilling and Lisa Schreter, agreed to schedule a call with Mr. Levin for the 

afternoon of July 12, 2023. 

18. During this call, Mr. Levin asked if the parties could confer and resolve Defendants’ 

pending Emergency Motion on amicable terms which would include providing Defendants’ 

requested relief to have Mr. Conway completely recused from the case including abstaining from 

any further contact with any Opt-In or putative Class member or further engagement in any 

capacity on this matter. 

19. Between July 12 and July 19, Mr. Levin and Ms. Schilling and Ms. Schreter 

engaged in several meet and confers regarding potential resolution of Defendants’ Emergency 

Motion, Defendants’ objections to Plaintiff’s Motion to Amend the Complaint, Plaintiff’s Cross 

Motion for Sanctions, and other appropriate relief including a Corrective Notice to the Class to 

cure any potential tampering or threats of reprisal, and notice that Mr. Conway is withdrawing 

from the case and will no longer serve as counsel for the Collective or putative Class. 

20. Mr. Levin represented that he has spoken with Mr. Conway and that Mr. Conway 

has agreed to enter into such agreements, and the Parties have reached a proposed stipulation to 

resolve these issues. 

21. A proposed Stipulation for the Court’s review and approval is attached hereto as 

Exhibit A. 

22. Upon the Court’s approval and entry of the Stipulation, the appropriate Parties will 

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file: 

a. A Joint Motion to Withdraw Defendants’ Emergency Motion and Plaintiff’s 

Cross Motion for Sanctions. (Dkt. Nos. 176, 183). (See Proposed Joint Motion 

attached hereto as Exhibit B); 

b. Plaintiff’s Motion to Withdraw the Motion to Amend the Complaint. (Dkt. 

198). (See Proposed Motion to Withdraw Amended Complaint attached hereto 

as Exhibit C); 

c. A proposed Corrective Notice to the remaining Opt-Ins for Court approval. 

(See proposed Corrective Notice attached hereto as Exhibit D); and 

d. Mr. Conway’s Motion to Withdraw as Counsel for the Plaintiff. (See proposed 

Motion to Withdraw attached hereto as Exhibit E). 

WHEREFORE, the Parties respectfully request that the Court enter an order approving and 

entering the Parties’ Stipulation on Defendants’ Emergency Motion for Stay of Litigation and 

Emergency Hearing Regarding Plaintiff’s Counsel Jason Conway’s Potential Witness Tampering 

and Fraudulent Representations Regarding Interrogatory Verifications. 

Dated: July 24, 2023 

LISA PIAZZA, NEW ALBERTSONS, INC., JEWEL 

FOOD STORES, INC., and AMERICAN 

DRUG STORES, LLC d/b/a JEWELOSCO, 

s/ Daniel Levin (w/ permission) 

Daniel Levin, Esq. (admitted pro hac vice) 

Nicholas J. Elia, Esq. (admitted pro hac vice) 

LEVIN SEDRAN BERMAN, LLP 

510 Walnut Street, Suite 500 

Philadelphia, PA 19106-3697 

Telephone: (215) 592-1500 

dlevin@lfsblaw.com 

nelia@lfsblaw.com 

Jason Conway, Esq. (admitted pro hac vice) 

CONWAY LEGAL, LLC

1700 Market Street, Suite 1005 

s/ Jennifer Schilling 

Jennifer Schilling ARDC# 6256634 

Kerri Feczko ARDC #6320598 

LITTLER MENDELSON, P.C. 

321 North Clark Street, Suite 1100 

Chicago, IL 60654 

Telephone (312) 372-5520 

jschilling@littler.com 

kfeczko@littler.com 

Lee Schreter (admitted pro hac vice) 

LITTLER MENDELSON, P.C. 

3424 Peachtree Road, NE, Suite 1200 

Atlanta, GA 30326 

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Philadelphia, PA 19103 

Telephone: (215) 278-4782 

Fax: (215) 278-4807 

jconway@conwaylegalpa.com 

lschreter@littler.com 

 

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CERTIFICATE OF SERVICE

 I certify that, on July 24, 2023, I caused a true and correct copy of the aforementioned 

document to be served on the below counsel of record in this matter via the Court’s ECF/CM filing 

system. 

Daniel Levin, Esq. 

Nicholas J. Elia, Esq. 

LEVIN SEDRAN BERMAN, LLP 

510 Walnut Street, Suite 500 

Philadelphia, PA 19106-3697 

Telephone: (215) 592-1500 

dlevin@lfsblaw.com 

nelia@lfsblaw.com 

Attorneys for Plaintiff and the ASD Class 

and ASD Collective 

Jason Conway, Esq. 

CONWAY LEGAL, LLC

1700 Market Street, Suite 1005 

Philadelphia, PA 19103 

Telephone: (215) 278-4782 

Fax: (215) 278-4807 

jconway@conwaylegalpa.com 

 

 /s/ Jennifer Schilling 

 Jennifer Schilling 

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