Garcia v. E.J. Amusements of NH, Inc., et al
| ZACHARY DUCLOS, on behalf of themselves and all others similarly situated, GEORGE KENT, on behalf of themselves and all others similarly situated, JENNIFER MERRILL, on behalf of themselves and all others similarly situated and MICHELLE SHERWIN |
| E.J. AMUSEMENTS OF NEW HAMPSHIRE, INC., d/b/a Fiesta Shows, FIESTA SHOWS, INC., d/b/a Fiesta Shows, ATSEIF FESTIVAL MOBILE, INC., d/b/a Fiesta Shows, EUGENE DEAN, III, EUGENE DEAN, LINDA CHAGROS, NORMA DEAN, MARY DEAN, MGR AMUSEMENTS, INC., WACKY WORM NH, INC., FIESTA RIDES, INC., DEAN & FLYNN, INC., d/b/a Fiesta Shows and CENTRO DE LOS DERECHOS DEL MIGRANTE, INC. |
| JORGE GARCIA, on behalf of himself and all others similarly situated |
| JKJ WORKFORCE AGENCY, INC. |
| 15-8011 |
| April 28, 2015 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 10, 2015. A more recent docket listing may be available from PACER.
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| JUDGMENT entered: Upon consideration of petitioners' unopposed motion, it is hereby ordered that this case be voluntarily dismissed pursuant to Fed. R. App. P. 42(b) with each party to bear its own costs. Mandate to issue forthwith. [15-8011] (DK) [Entered: 11/10/2015 03:43 PM] |
| MANDATE issued. [15-8011] (DK) [Entered: 11/10/2015 03:44 PM] |
| ASSENTED TO MOTION to dismiss case filed by Petitioners Atseif Festival Mobile, Inc., Linda Chagros, Eugene Dean, Eugene Dean, III, Mary Dean, Norma Dean, Dean & Flynn, Inc., E.J. Amusements of New Hampshire, Inc., Fiesta Rides, Inc., Fiesta Shows, Inc., MGR Amusements, Inc. and Wacky Worm NH, Inc.. Certificate of service dated 11/06/2015. [15-8011] (BJM) [Entered: 11/06/2015 02:56 PM] |
ORDER entered: In light of the district court's recent approval of a settlement and dismissal of the underlying action, petitioners are directed to file within 14 days of entry of this order either a motion for voluntary dismissal or a response showing cause why the proceeding should not be dismissed as moot. Failure to respond within the time allotted will result in immediate dismissal. [15-8011] (DK) [Entered: 11/03/2015 03:40 PM]
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| STATUS report filed by Respondent Jorge Garcia. [15-8011] (SEL) [Entered: 10/21/2015 06:02 PM] |
| STATUS report filed by Respondent Jorge Garcia. Certificate of service dated 09/28/2015. [15-8011] (SEL) [Entered: 09/28/2015 11:41 AM] |
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ORDER entered by Juan R. Torruella, Appellate Judge: This matter is before the court on the plaintiff-respondents' motion to stay. The motion is GRANTED , and this appeal is stayed pending further order from this court. The plaintiff-respondents should file status updates with the court at 60-day intervals, the first being due 60 days from entry of this order. [15-8011] (DK) [Entered: 07/29/2015 08:48 AM]
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| NOTICE of proposed settlement and request for stay filed by Respondent Jorge Garcia. Certificate of service dated 7/1/2015. [15-8011] CLERK'S NOTE: Docket entry was edited to modify the docket text. Document should not have been filed in additional cases 15-8008 and 15-8009. Correction made by clerk's office. No further action required. (SEL) [Entered: 07/01/2015 05:00 PM] |
| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Nicole C. Phillips for JKJ Workforce Agency, Inc. [15-8011] (DK) [Entered: 06/09/2015 11:18 AM] |
| NOTICE issued. After 06/05/2015, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: John W. Davis for Jennifer Merrill, Nicole C. Phillips for JKJ Workforce Agency, Inc. and Lauren S. Wachsman for E.J. Amusements of New Hampshire, Inc., Fiesta Shows, Inc., Atseif Festival Mobile, Inc., Eugene Dean, III, Eugene Dean, Linda Chagros, Norma Dean and Mary Dean. [15-8011] (DK) [Entered: 05/22/2015 05:30 PM] |
| JUDGMENT entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and William J. Kayatta , Jr., Appellate Judge: By order entered April 30, 2015, the court directed the petitioners to show cause why the petition giving rise to appeal 15-8009 should not be dismissed given the initiation of a superseding and timely appeal (15-8011). In light of petitioners' response to that order, through which petitioners conditionally consented to dismissal of appeal 15-8009, appeal 15-8009 is DISMISSED . The petition filed in appeal 15-8011 will be adjudicated in due course. [15-8011] (DK) [Entered: 05/15/2015 05:08 PM] |
| SIX (6) paper copies of response submitted by Respondent Jorge Garcia to petition for permission to appeal. [15-8011] (DK) [Entered: 05/14/2015 12:15 PM] |
| RESPONSE filed by Respondent Jorge Garcia to petition for permission to appeal [ # 5903173-2 ]. [15-8011] CLERK'S NOTE: Document should not have been filed in additional case 15-8009. Correction made by clerk's office. No further action required. (SEL) [Entered: 05/07/2015 11:38 PM] |
| NOTICE of appearance on behalf of Petitioners Atseif Festival Mobile, Inc., Linda Chagros, Eugene Dean, Eugene Dean, III, Mary Dean, Norma Dean, Dean & Flynn, Inc., E.J. Amusements of New Hampshire, Inc., Fiesta Rides, Inc., Fiesta Shows, Inc., MGR Amusements, Inc. and Wacky Worm NH, Inc. filed by Attorney Anthony S. Califano. Certificate of service dated 05/04/2015. [15-8011] (ASC) [Entered: 05/04/2015 01:56 PM] |
| RESPONSE filed by Petitioners Atseif Festival Mobile, Inc., Linda Chagros, Eugene Dean, Eugene Dean, III, Mary Dean, Norma Dean, Dean & Flynn, Inc., E.J. Amusements of New Hampshire, Inc., Fiesta Rides, Inc., Fiesta Shows, Inc., MGR Amusements, Inc. and Wacky Worm NH, Inc. in 15-8011, 15-8009 to order regarding duplicative appeals [ # 5904150-2 ], order [ # 5904150-3 ]. Certificate of service dated 05/04/2015. [15-8011, 15-8009] (BJM) [Entered: 05/04/2015 02:08 PM] |
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ORDER entered by Sandra L. Lynch, Chief Appellate Judge: It appearing that appeal 15-8009 is duplicative of appeal 15-8011 and that appeal 15-8011 supersedes appeal 15-8009, the petitioners are directed either to withdraw their petition for permission to appeal in appeal 15-8009 or to explain why appeal 15-8009 should remain pending. Failure to respond within seven (7) days of entry of this order will result in dismissal of appeal 15-8009. [15-8009, 15-8011] (DK) [Entered: 04/30/2015 04:29 PM]
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| CORPORATE disclosure statement filed by Petitioners Atseif Festival Mobile, Inc., Dean & Flynn, Inc., E.J. Amusements of New Hampshire, Inc., Fiesta Rides, Inc., Fiesta Shows, Inc., MGR Amusements, Inc. and Wacky Worm NH, Inc. Certificate of service dated 04/27/2015. [15-8011] (DK) [Entered: 04/28/2015 12:19 PM] |
| NOTICE of appearance filed by Attorney Barry J. Miller for Petitioners Dean & Flynn, Inc., E.J. Amusements of New Hampshire, Inc., Fiesta Shows, Inc., Atseif Festival Mobile, Inc., Eugene Dean, III, Eugene Dean, Linda Chagros, Norma Dean, Mary Dean, MGR Amusements, Inc., Wacky Worm NH, Inc. and Fiesta Rides, Inc. Certificate of service dated 04/27/2015. [15-8011] (DK) [Entered: 04/28/2015 12:22 PM] |
| MISCELLANEOUS CASE docketed. Petition for Permission to Appeal Pursuant to Fed. R. Civ. P. 23(f) filed by Petitioners Atseif Festival Mobile, Inc., Linda Chagros, Eugene Dean, Eugene Dean, III, Mary Dean, Norma Dean, Dean & Flynn, Inc., E.J. Amusements of New Hampshire, Inc., Fiesta Rides, Inc., Fiesta Shows, Inc., MGR Amusements, Inc. and Wacky Worm NH, Inc. [15-8011] (DK) [Entered: 04/28/2015 11:56 AM] |
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