Martin et al v. HMSHost Corporation et al
| Martin, Gregory Herndon, Terry Peoples, April Clayton, Bridgette Martin and Adrian Ottey |
| HMSHost Corporation and Host International, Inc. |
| 1:2015cv00835 |
| March 23, 2015 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Clayton |
| Mark H Cohen |
| Labor: Fair Standards |
| 29 U.S.C. § 216 |
| Plaintiff |
Docket Report
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| Civil Case Terminated. (jpa) |
| Clerk's Entry of Dismissal APPROVING #36 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(ii). (jpa) |
| Filing 36 STIPULATION of Dismissal by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples. (Lesser, Seth) |
| Filing 35 ANSWER to #11 Amended Complaint by Host International, Inc.. Discovery ends on 4/4/2016.(Muldowney, Patrick) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
MINUTE ORDER denying as moot #8 Motion to Dismiss for Failure to State a Claim by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 10/27/15. (jgs)
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| Filing 34 STIPULATION re #20 MOTION to Dismiss Plaintiffs' First Amended Complaint and Jury Demand and to Strike Plaintiffs' Allegations Pertaining to the Deposition Testimony of Coleman Lauterbach MOTION to Strike by Host International, Inc.. (Muldowney, Patrick) |
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Filing 33
It is hereby ORDERED that the discovery period in this case shall commence 30 days after Defendant files its answer to the First Amended Complaint, in the event its motion to dismiss is denied by this Court. The #23 Order is hereby VACATED. Should either party desire to engage in discovery prior to this time period, that party may file a motion to permit any such discovery to proceed. Signed by Judge Mark H. Cohen on 10/1/2015. (adg)
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| Filing 32 NOTICE by April Clayton, Bridgette Martin, Adrian Ottey, Terry Peoples re #26 Response in Opposition to Motion, of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B)(Reed, Michael) |
| Refund in the amount of $150.00 has been processed, effective 8/6/2015, in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| APPROVAL by Clerks Office re: #29 APPLICATION for Admission of Fran L. Rudich Pro Hac Vice (Application fee $ 150, receipt number 113E-5956290). Attorney Fran Rudich added appearing on behalf of Bridgette Martin (pb) |
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MINUTE ORDER granting #29 Application for Admission Pro Hac Vice for Fran L. Rudich by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 8/5/15. (jgs)
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| Clerks Approval re #31 Application for Refund of Fees paid online. (mmc) |
| Filing 31 Application for Refund of Fees paid online through Pay.gov for receipt number 113E-5956154. (Attachments: #1 Certificate of Service)(Gardner, Jerilyn) |
| Filing 30 NOTICE by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples re #26 Response in Opposition to Motion, of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lesser, Seth) |
| Filing 29 APPLICATION for Admission of Fran L. Rudich Pro Hac Vice (Application fee $ 150, receipt number 113E-5956290)by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples. (Head, C.) |
| Filing 28 NOTICE by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples of Withdrawal of Jeffrey A. Klafter as Counsel for Plaintiffs (Lesser, Seth) |
| Submission of #20 MOTION to Dismiss Plaintiffs' First Amended Complaint and Jury Demand and to Strike Plaintiffs' Allegations Pertaining to the Deposition Testimony of Coleman Lauterbach MOTION to Strike, submitted to District Judge Mark H. Cohen. (jpa) |
| Filing 27 REPLY BRIEF re #20 MOTION to Dismiss Plaintiffs' First Amended Complaint and Jury Demand and to Strike Plaintiffs' Allegations Pertaining to the Deposition Testimony of Coleman Lauterbach MOTION to Strike filed by HMSHost Corporation, Host International, Inc.. (Muldowney, Patrick) |
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MINUTE ORDER granting #25 Application for Admission Pro Hac Vice for Bradley L. Berger by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 7/2/15. (jgs)
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| APPROVAL by Clerks Office re: #25 APPLICATION for Admission of Bradley I. Berger Pro Hac Vice (Application fee $ 150, receipt number 113E-5893655). Attorney Bradley I. Berger added appearing on behalf of Gregory Herndon, Bridgette Martin (pb) |
| Filing 26 RESPONSE in Opposition re #20 MOTION to Dismiss Plaintiffs' First Amended Complaint and Jury Demand and to Strike Plaintiffs' Allegations Pertaining to the Deposition Testimony of Coleman Lauterbach MOTION to Strike filed by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples. (Attachments: #1 Exhibit A)(Lesser, Seth) |
| Filing 25 APPLICATION for Admission of Bradley I. Berger Pro Hac Vice (Application fee $ 150, receipt number 113E-5893655)by Gregory Herndon and Bridgette Martin. (Head, C.) Modified on 6/24/2015 to edit filers (jpa). |
| Clerk's Entry of Dismissal APPROVING #24 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(ii) of HMSHost Corporation only. (jpa) |
| Filing 24 STIPULATION of Dismissal by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples. (Lesser, Seth) |
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Filing 23
(VACATED per #33 Order) ORDER denying #22 Joint Stipulation and Motion. Signed by Judge Mark H. Cohen on 6/19/15. (jpa) Modified on 10/1/2015 (adg).
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| Clerks Certificate of Mailing to Fran Rudich, Jeffrey A. Klafter, and Bradley I. Berger re #23 Order (jpa) |
| Filing 22 Joint MOTION Regarding Tolling of Discovery Period Pending Resolution of Defendant's Motion to Dismiss #20 MOTION to Dismiss Plaintiffs' First Amended Complaint and Jury Demand and to Strike Plaintiffs' Allegations Pertaining to the Deposition Testimony of Coleman Lauterbach MOTION to Strike by Host International, Inc.. (Muldowney, Patrick) |
| Filing 21 Initial Disclosures by HMSHost Corporation, Host International, Inc..(Muldowney, Patrick) |
| Notification of Docket Correction re #20 MOTION to Dismiss Plaintiffs' First Amended Complaint and Jury Demand and to Strike Plaintiffs' Allegations Pertaining to the Deposition Testimony of Coleman Lauterbach MOTION to Strike. Two part motion docketed as one part. Added Motion to Strike. (jpa) |
| Filing 20 MOTION to Dismiss Plaintiffs' First Amended Complaint and Jury Demand and MOTION to Strike Plaintiffs' Allegations Pertaining to the Deposition Testimony of Coleman Lauterbach by HMSHost Corporation, Host International, Inc. (Attachments: #1 Exhibit A - Online Job Maintenance, #2 Exhibit B - Notice of Filing Consent Form, #3 Exhibit C - Online Job Maintenance, #4 Exhibit D - Notice of Filing Consent Form, #5 Exhibit E - Separation Notice, #6 Exhibit F - Notice of Filing Consent Form, #7 Exhibit G - Separation Notice, #8 Exhibit H - Notice of Filing Consent Form, #9 Exhibit I - Notice of Filing Consent Form, #10 Exhibit J - Memorandum and Order, #11 Exhibit K - Deposition Transcript of Lauterbach, #12 Exhibit L - Order)(Muldowney, Patrick) . Added MOTION to Strike on 6/10/2015 (jpa). |
| Filing 19 CERTIFICATE OF SERVICE filed by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples Regarding Initial Disclosures (Reed, Michael) |
| Clerks Certificate of Mailing to Bradley I. Berger, Fran Rudich, and Jeffrey Klafter re #18 Order on Motion for Extension of Time to Answer (jpa) |
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Filing 18
ORDER granting #16 Motion for Extension of Time to Answer, HMSHost Corporation and Host International, Inc.'s Answer due 6/9/2015. Signed by Judge Mark H. Cohen on 5/29/15. (jpa)
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Filing 17
SCHEDULING ORDER: re: #15 Joint Preliminary Report and Discovery Plan. Parties shall have 30 days not 60 days from the date of this order to amend pleadings. Signed by Judge Mark H. Cohen on 5/29/15. (jpa)
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| Filing 16 Unopposed MOTION for Extension of Time to File Answer re #11 Amended Complaint, by HMSHost Corporation, Host International, Inc.. (Attachments: #1 Text of Proposed Order)(Muldowney, Patrick) |
| Filing 15 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by April Clayton, Gregory Herndon, Bridgette Martin, Adrian Ottey, Terry Peoples. (Gardner, Jerilyn) |
| Clerks Certificate of Mailing to Bradley I. Berger, Fran Rudich, and Jeffrey Klafter re #17 Scheduling Order (jpa) |
| Filing 14 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Bradley I. Berger. Clerk to follow-up by 6/22/2015. (pb) |
| Filing 13 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Fran Rudich. Clerk to follow-up by 6/22/2015. (pb) |
| Filing 12 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jeffrey A. Klafter. Clerk to follow-up by 6/22/2015. (pb) |
| Submission of #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Mark H. Cohen. (jpa) |
| APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Michael H. Reed Pro Hac Vice (Application fee $ 150, receipt number 113E-5816365). Attorney Michael H. Reed added appearing on behalf of Gregory Herndon, Bridgette Martin (pb) |
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MINUTE ORDER granting [9 & 10] Applications for Admission Pro Hac Vice for Seth R. Lesser and Michael H. Reed by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 5/20/15. (jgs)
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| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Seth R. Lesser Pro Hac Vice (Application fee $ 150, receipt number 113E-5816242). Attorney Seth R. Lesser added appearing on behalf of Gregory Herndon, Bridgette Martin (pb) |
| Filing 11 First AMENDED COMPLAINT against HMSHost Corporation, Host International, Inc.with Jury Demand, filed by Gregory Herndon, Bridgette Martin.(Gardner, Jerilyn) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 10 APPLICATION for Admission of Michael H. Reed Pro Hac Vice (Application fee $ 150, receipt number 113E-5816365)by Gregory Herndon, Bridgette Martin. (Head, Andrew) Modified on 5/13/2015 to correct filing attorney (jpa). |
| Filing 9 APPLICATION for Admission of Seth R. Lesser Pro Hac Vice (Application fee $ 150, receipt number 113E-5816242)by Gregory Herndon, Bridgette Martin. (Head, Andrew) Modified on 5/13/2015 to correct filing attorney (jpa). |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by HMSHost Corporation, Host International, Inc.. (Attachments: #1 Exhibit A - Martin's Termination Form, #2 Exhibit B - Martin's Opt-In Notice, #3 Exhibit C - Stevens Courts Decertification Order, #4 Exhibit D - Herndon's Termination Form, #5 Exhibit E - Herndon's Opt-In Notice, #6 Exhibit F - Order in Dorvil v. Host)(Muldowney, Patrick) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Gregory R. Schmitz Pro Hac Vice (Application fee $ 150, receipt number 113E-5766688). Attorney Gregory Ronald Schmitz added appearing on behalf of HMSHost Corporation, Host International, Inc. (pb) |
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MINUTE ORDER granting [5 & 6] Applications for Admission Pro Hac Vice for Patrick M. Muldowney and Gregory R. Schmitz by CRD by direction of the Court. Approved by Judge Mark H. Cohen on 4/21/15. (jgs)
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| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Patrick M. Muldowney Pro Hac Vice (Application fee $ 150, receipt number 113E-5766653). Attorney Patrick M. Muldowney added appearing on behalf of HMSHost Corporation, Host International, Inc. (pb) |
| Clerks Notation re #4 Certificate of Interested Persons reviewed by MHC. (jgs) |
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Filing 7
ORDER granting #3 Motion for Extension of Time to Answer; HMSHost Corporation and Host International, Inc.'s Answer due 4/29/2015. Signed by Judge Mark H. Cohen on 4/14/15. (jpa)
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| Clerks Certificate of Mailing to the Law Office of Klafter, Olsen & Lesser LLP re #7 Order on Motion for Extension of Time to Answer (jpa) |
| Filing 6 APPLICATION for Admission of Gregory R. Schmitz Pro Hac Vice (Application fee $ 150, receipt number 113E-5766688)by HMSHost Corporation, Host International, Inc.. (Collins, Lisa) |
| Filing 5 APPLICATION for Admission of Patrick M. Muldowney Pro Hac Vice (Application fee $ 150, receipt number 113E-5766653)by HMSHost Corporation, Host International, Inc.. (Collins, Lisa) |
| Filing 4 Certificate of Interested Persons by HMSHost Corporation, Host International, Inc.. (Collins, Lisa) |
| Filing 3 MOTION for Extension of Time to File Answer to Plaintiff's Complaint and Jury Demand by HMSHost Corporation, Host International, Inc.. (Attachments: #1 Text of Proposed Order)(Collins, Lisa) |
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Filing 2
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Mark H. Cohen on 3/25/15. (jpa)
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| Clerks Certificate of Mailing to Jeffrey A. Klafter re #2 Order (jpa) |
| Filing 1 COMPLAINT with Jury Demand filed by Gregory Herndon and Bridgette Martin. ( Filing fee $ 400.00 receipt number 113E-5728835.) (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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