Mygrant et al v. Gulf Coast Restaurant Group, Inc. et al
| Bryan Mygrant and Jonathan Webber |
| Half Shell Oyster House, Inc., Gulf Coast Restaurant Group, Inc., Robert Taylor and Robert Taylor doing business as Half Shell Oyster House |
| 1:2018cv00264 |
| June 6, 2018 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Mobile |
| Bert W Milling |
| P Bradley Murray |
| William H Steele |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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Filing 78
ENDORSED ORDER granting #77 Joint Motion for Extension of Time to File Document. Signed by District Judge William H. Steele on 8/6/2020. (Steele, William)
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| MOTIONS REFERRED: #77 Joint MOTION for Extension of Time to File Stipulated Judgment to Judge Steele (cmj) |
| Filing 77 Joint MOTION for Extension of Time to File Stipulated Judgment filed by All Plaintiffs. (Yezbak, Charles) |
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Filing 76
Order denying as moot #52 Joint MOTION to Approve Settlement Agreement filed by Jonathan Webber, Bryan Mygrant; granting and approving #75 Joint MOTION to Approve Settlement Agreement Final filed by Jonathan Webber, Bryan Mygrant. (Miscellaneous deadline set for 8/20/2020 for parties to file a proposed stipulated judgment.) Signed by District Judge William H. Steele on 4/1/20. (cmj)
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| MOTIONS REFERRED: #75 Joint MOTION to Approve Settlement Agreement to Judge Steele (cmj) |
| Filing 75 Joint MOTION to Approve Settlement Agreement Final filed by All Plaintiffs. (Attachments: #1 Exhibit Yezbak Declaration) (Yezbak, Charles) |
| Filing 74 NOTICE by All Plaintiffs of Filing 2 Consents to Join (Attachments: #1 Exhibit 2 Consent Forms) (Yezbak, Charles) |
| Filing 73 NOTICE by All Plaintiffs of Filing 6 Consents to Join (Attachments: #1 Exhibit 6 Consent Forms) (Yezbak, Charles) |
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Filing 72
Order for parties to file any objections they may have received and a status report regarding the progress of the settlement process and the approximate date the parties anticipate filing a motion for final settlement approval by 3/27/20 as set out. ( Objections and Status Report due by 3/27/2020.) Signed by District Judge William H. Steele on 3/20/20. (cmj)
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| Filing 71 NOTICE by All Plaintiffs of Filing 6 Consent Forms (Attachments: #1 Exhibit 6 Consent Forms) (Yezbak, Charles) |
| Filing 70 NOTICE by All Plaintiffs of Filing 2 Consents to Join (Attachments: #1 Exhibit 2 Consent Forms) (Yezbak, Charles) |
| Filing 69 NOTICE by All Plaintiffs of Filing 57 Consents to Join (Attachments: #1 Exhibit Notice of Consent Forms (Redacted)) (Yezbak, Charles) |
| Filing 68 NOTICE by All Plaintiffs of Filing 53 Consents to Join (Attachments: #1 Exhibit Redacted Consent Forms) (Yezbak, Charles) |
| Filing 67 NOTICE by All Plaintiffs of Filing 83 Consents to Join (Attachments: #1 Exhibit 1-83 Consent Forms) (Yezbak, Charles) |
| Filing 66 NOTICE by All Plaintiffs re #65 Notice (Other) of Correcting Prior Filing (Yezbak, Charles) |
| Filing 65 NOTICE by All Plaintiffs of Filing 120 Consents to Join (Attachments: #1 Exhibit Redacted Consent Forms) (Yezbak, Charles) |
| Filing 64 NOTICE by All Plaintiffs of Filing 46 Consents to Join (Attachments: #1 Exhibit Redacted Consent Forms) (Yezbak, Charles) |
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Filing 63
Order re: #62 Motion to Approve Settlement Agreement filed by Jonathan Webber, Bryan Mygrant. The motion is granted to the extent it seeks preliminary approval and denied to the extent it seeks final approval, as set out. The additional relief sought by the joint motion (doc. 52) is granted. This action is stayed administratively pending final approval as set out. See notice modifications as set out. Signed by District Judge William H. Steele on 11/15/19. (cmj)
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| REFERRAL OF #62 Notice of Filing Revised Settlement Agreement to Judge Steele. (cmj) |
| Filing 62 NOTICE by All Plaintiffs re #52 Joint MOTION to Approve Settlement Agreement , #57 Order,, Set Deadlines, #59 Order on Motion for Extension of Time to File Response to D/J Order, #55 Order,, Set Deadlines, of Filing Revised Settlement Agreement & Notice (Attachments: #1 Exhibit Revised Settlement Agreement, #2 Exhibit Revised Collective Action Settlement Notice) (Yezbak, Charles) |
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Filing 61
ENDORSED ORDER granting #60 Joint Motion for Extension of Time to File Document. Signed by District Judge William H. Steele on 10/22/2019. (Steele, William)
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| MOTIONS REFERRED: #60 Joint MOTION for Extension of Time to File Revised Settlement Agreement, Notice and Consent to Join Form to Judge Steele (cmj) |
| Filing 60 Joint MOTION for Extension of Time to File Revised Settlement Agreement, Notice and Consent to Join Form filed by Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor. (Sokolow, Dena) |
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Filing 59
ORDER granting #58 Motion for Extension of Time to File Response to District Judge Order. Parties are ordered to file by 10/18/19 either a motion to reconsider or a revised settlement agreement, as set out in order. Signed by District Judge William H. Steele on 10/9/19. (cmj)
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| MOTIONS REFERRED: #58 Motion for telephone conference and Joint MOTION for Extension of Time to File Response to District Judges Order as to #57 Order; ref to Judge Steele (cmj) |
| Filing 58 Joint MOTION for Extension of Time to File Response to District Judges Order as to #57 Order,, Set Deadlines, & for Telephone Conference filed by All Plaintiffs. (Yezbak, Charles) |
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Filing 57
Order re: #52 Joint MOTION to Approve Settlement Agreement filed by Jonathan Webber, Bryan Mygrant. The parties are ordered to address the attorney's fee and release issues, and to submit a revised settlement agreement and notice and consent to join form by 10/7/19. (Deadline set for 10/7/2019.) The request to appoint Rust Consulting, Inc. as settlement administrator is granted. Signed by District Judge William H. Steele on 10/23/19. (cmj)
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| Filing 56 Brief filed by Bryan Mygrant, Jonathan Webber re #52 Joint MOTION to Approve Settlement Agreement , #55 Order,, Set Deadlines, Joint Supplemental Memorandum in Support of Joint Motion to Approve Settlement. (Attachments: #1 Text of Proposed Order Revised Proposed Order, #2 Exhibit King v. Cotton Bayou, #3 Exhibit Fenwick v. The Row, #4 Exhibit Williams v. Las Trojas, #5 Exhibit Ott v. Publix) (Yezbak, Charles) |
| REFERRAL OF #56 Brief to Judge Steele. (cmj) |
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Filing 55
Order for parties to file supplemental motion re: #52 Joint MOTION to Approve Settlement Agreement, briefing and/or evidence as they deem sufficient to justify conditional certification and to establish appropriate parameters thereof. Supplement to motion deadline set for 9/6/2019. Signed by District Judge William H. Steele on 8/23/19. (cmj)
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| Filing 54 Proposed Order Approving FLSA Settlement by Bryan Mygrant, Jonathan Webber. (Yezbak, Charles) Modified on 7/29/2019 (tgw). |
| Filing 53 Memorandum in Support re #52 Joint MOTION to Approve Settlement Agreement filed by Bryan Mygrant, Jonathan Webber. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Notice of FLSA Settlement, #3 Exhibit C - Settlement Claim Form) (Yezbak, Charles) |
| Filing 52 Joint MOTION to Approve Settlement Agreement filed by All Plaintiffs. (Yezbak, Charles) |
| MOTIONS REFERRED: #52 Joint MOTION to Approve Settlement Agreement, #53 Memo in Support, #54 Proposed Order to Judge Steele (tgw) |
| REFERRAL OF #51 Notice of Delay in Filing Settlement Papers to Judge Murray. (nah) |
| Filing 51 NOTICE by All Plaintiffs re #49 Notice of Settlement of Delay in Filing Settlement Papers (Yezbak, Charles) |
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Filing 50
Order re: #49 Notice of Settlement. All deadlines set forth in the Phase I Scheduling Order (Doc. 48) are STAYED pending the filing of settlement paperwork. Signed by Magistrate Judge P. Bradley Murray on 6/25/2019. (tgw)
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| REFERRAL OF #49 Notice of Settlement to Judge Murray. (srd) |
| Filing 49 NOTICE of Settlement (Joint) by All Defendants (Busey, Zachary) |
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Filing 48
PHASE I SCHEDULING ORDER: Discovery cutoff 7/15/2019. Position Regarding Settlement due by 7/15/2019. Motion for Class Certification due by 7/29/2019. Signed by Magistrate Judge P. Bradley Murray on 4/9/2019. (tgw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Minute Entry for proceedings held before Magistrate Judge P. Bradley Murray: Scheduling Conference held on 4/8/2019. (Digital Court Recording; Courtroom 5A). (eec) |
| MOTIONS REFERRED: #45 Unopposed MOTION to Reschedule Rule 16(b) Scheduling Conference - Referred to Judge P. Bradley Murray. (tgw) |
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Filing 46
Order granting #45 Unopposed MOTION to Reschedule Rule 16(b) Scheduling Conference. Scheduling Conference reset for 4/8/2019 02:00 PM in US Courthouse, Courtroom 5A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge P. Bradley Murray. Signed by Magistrate Judge P. Bradley Murray on 3/28/2019. (tgw)
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| Filing 45 Unopposed MOTION to Reschedule Rule 16(b) Scheduling Conference by Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor. (Sokolow, Dena) |
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Filing 44
Order setting SCHEDULING CONFERENCE via Telephone for 4/3/2019 at 2:00 PM in US Courthouse, Courtroom 5A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge P. Bradley Murray. Signed by Magistrate Judge P. Bradley Murray on 03/21/2019. (srd)
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| REFERRAL OF #42 Report of Rule 26(f) Planning Meeting to Judge Murray. (tgw) |
| Filing 43 This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr and is now assigned to the docket of Magistrate Judge P. Bradley Murray. To ensure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix WS-MU after the case number on all future pleadings. (clr) |
| Filing 42 REPORT of Rule 26(f) Planning Meeting . (Busey, Zachary) |
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Filing 41
ENDORSED ORDER granting #40 Third Joint Motion to Extend Rule 26(f) Report Deadline. The date is extended for the last time to March 15, 2019. Signed by Magistrate Judge Bert W. Milling, Jr on 2/21/2019. (Milling, Bert)
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| MOTIONS REFERRED: #40 Joint MOTION for Extension of Time to File Rule 26(f) Report - Referred to Judge Bert W. Milling, Jr. (tgw) |
| Filing 40 Joint MOTION for Extension of Time to File Rule 26(f) Report by All Defendants. (Busey, Zachary) |
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Filing 39
ENDORSED ORDER granting #38 the Second Joint Motion To Extend Rule 26(f) Report Deadline so that the parties can attend a second mediation, in Mobile, on 2/13/2019. If the action is not settled, the Report is due by 2/22/2019. Signed by Magistrate Judge Bert W. Milling, Jr on 1/24/2019. (Milling, Bert)
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| MOTIONS REFERRED: #38 Joint MOTION for Extension of Time to File Rule 26(f) Report - Referred to Judge Bert W. Milling, Jr. (tgw) |
| Filing 38 Joint MOTION for Extension of Time to File Rule 26(f) Report by All Defendants. (Busey, Zachary) |
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Filing 37
ENDORSED ORDER granting #36 the Joint Motion for Extension of Time to file the Rule 26(f) Report of Parties. The date for doing so is extended to 1/25/2019. Signed by Magistrate Judge Bert W. Milling, Jr on 12/21/2018. (Milling, Bert)
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| MOTIONS REFERRED: #36 Joint MOTION for Extension of Time Joint Motion to Extend Rule 26(f) Report Deadline. Referred to Judge Bert W. Milling, Jr. (srd) |
| Filing 36 Joint MOTION for Extension of Time Joint Motion to Extend Rule 26(f) Report Deadline by Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor. (Busey, Zachary) |
| Filing 35 Document endorsed NOTED and GRANTED by Magistrate Judge Bert W. Milling, Jr: Notice (Other) #34 filed by Half Shell Oyster House, Inc., Gulf Coast Restaurant Group, Inc., Robert Taylor. If this action is not settled through the mediation set for 12/12/2018, the parties are ORDERED to confer and file their Report of Parties by 12/21/18. (Milling, Bert) |
| REFERRAL OF #34 Joint Supplemental Report Regarding Settlement to Judge Milling. (tgw) |
| Filing 34 NOTICE by All Defendants (Joint) Supplemental Regarding Settlement (Busey, Zachary) |
| Filing 33 Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Status Report #32 filed by Half Shell Oyster House, Inc., Gulf Coast Restaurant Group, Inc., Robert Taylor. The next status report is due by 11/16/2018. (clr) |
| Filing 32 STATUS REPORT (Joint) Regarding Settlement by Half Shell Oyster House, Inc., Robert Taylor, Gulf Coast Restaurant Group, Inc.. (Busey, Zachary) |
| REFERRAL OF #31 Notice (Other) to Judge Milling. (srd) |
| Filing 31 NOTICE by All Defendants re #29 Notice (Other) Errata to Verified Summaries of Hours Worked (Busey, Zachary) |
| Filing 30 Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Notice (Other) #29 filed by Half Shell Oyster House, Inc., Gulf Coast Restaurant Group, Inc., Robert Taylor (Milling, Bert) |
| REFERRAL OF #29 Notice of Filing Verified Summary of Hours Worked to Judge Milling. (tgw) |
| Filing 29 NOTICE by All Defendants of Filing Verified Summary of Hours Worked, etc. for Both Plaintiffs (Busey, Zachary) |
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Filing 28
ENDORSED ORDER finding as moot #24 Plaintiff Webber's original Motion for Extension of Time in light of the granting of his Amended Motion #26 . Signed by Magistrate Judge Bert W. Milling, Jr on 9/27/2018. (Milling, Bert)
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Filing 27
ENDORSED ORDER granting #26 Plaintiff's Motion for Extension of Time. The date is extended to 9/27/2018. Signed by Magistrate Judge Bert W. Milling, Jr on 9/27/2018. (Milling, Bert)
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| MOTIONS REFERRED: #26 Amended MOTION for Extension of Time to File Answers to Court issued Interrogatories - Referred to Judge Bert W. Milling, Jr. (tgw) |
| Filing 26 Amended MOTION for Extension of Time to File Answers to Court issued Interrogatories by All Plaintiffs. (Arciniegas, Daniel) (Additional attachment(s) added on 9/27/2018: #1 Answers to Interrogatories) (tgw). |
| MOTIONS REFERRED: #24 Unopposed MOTION for Extension of Time to File Plaintiff Jonathan Webber's Answers to Court-Issued Interrogatories Referred to Judge Bert W. Milling, Jr. (mbp) |
| Filing 25 NOTICE by Jonathan Webber of Filing Consent to Join (Attachments: #1 Exhibit Plaintiff Jonathan Webber's Consent to Joing) (Arciniegas, Daniel) |
| Filing 24 Unopposed MOTION for Extension of Time to File Plaintiff Jonathan Webber's Answers to Court-Issued Interrogatories by Jonathan Webber. (Attachments: #1 Exhibit 1: Jonathan Webbers Answers to Court-Issued Interrogatories) (Arciniegas, Daniel) |
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Filing 23
ENDORSED ORDER granting #22 Defendants' Motion for Extension of Time and so ordered. The scheduling order deadlines are extended by 30 days as specifically set out in the motion. Signed by Magistrate Judge Bert W. Milling, Jr on 8/29/2018. (Milling, Bert)
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| MOTIONS REFERRED: #22 MOTION for Extension of Time Regarding Remaining Deadlines in the Court's FLSA Scheduling Order - Referred to Judge Bert W. Milling, Jr. (tgw) |
| Filing 22 MOTION for Extension of Time Regarding Remaining Deadlines in the Court's FLSA Scheduling Order by All Defendants. (Busey, Zachary) |
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Filing 21
ENDORSED ORDER denying #20 Plaintiff's Motion for Extension of Time to Answer Interrogatories without prejudice to refile a proper motion. Plaintiff may refile a motion that sets out the reasons for the requested extension and that certifies that Defendants have no objection. Signed by Magistrate Judge Bert W. Milling, Jr on 8/9/2018. (Milling, Bert)
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| MOTIONS REFERRED: #20 MOTION for Extension of Time to File . Referred to Judge Bert W. Milling, Jr. (mbp) |
| Filing 20 MOTION for Extension of Time to File by Jonathan Webber. (Attachments: #1 Exhibit Plaintiff's Proposed Order to Extend Deadline) (Arciniegas, Daniel) |
| Filing 19 Notice of Filing Plaintiff Brian Mygrant's Response to Court Issued Interrogatories filed by Bryan Mygrant. (Attachments: #1 Exhibit Plaintiff Brian Mygrant's Responses to Court Issued Interrogatories) (Arciniegas, Daniel) |
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Filing 18
ENDORSED ORDER GRANTING #13 Motion for Dena H. Sokolow to Appear Pro Hac Vice. Signed by Magistrate Judge Bert W. Milling, Jr on 7/31/2018. (clr)
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Filing 17
ENDORSED ORDER GRANTING #16 Motion for Zachary B. Busey to Appear Pro Hac Vice.. Signed by Magistrate Judge Bert W. Milling, Jr on 7/30/2018. (clr)
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| MOTIONS REFERRED: #16 MOTION for Zachary B. Busey to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2252709, Online Credit Card Payment.) - Referred to Judge Bert W. Milling, Jr. (tgw) |
| Filing 16 MOTION for Zachary B. Busey to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2252709, Online Credit Card Payment.) by All Defendants. (Attachments: #1 Exhibit A - Certificate of Good Standing, WDTN, #2 Affidavit & Application for Admission) (Busey, Zachary) |
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Filing 15
FLSA SCHEDULING ORDER: The provisions of Rule 26(a)(1) are WAIVED. All discovery in this case is STAYED, except as provided in this Order. Court Interrogatories due by 8/8/2018. Verified Summary due by 8/29/2018. Position Regarding Settlement due by 10/3/2018. Signed by Magistrate Judge Bert W. Milling, Jr on 7/18/2018. (Attachments: #1 Consent Form) (tgw)
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| Filing 14 ANSWER to #1 Complaint, Defendants' Answer and Affirmative Defenses by Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor. (Karlson, Daisy) |
| MOTIONS REFERRED: #13 MOTION for Dena H. Sokolow to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2249441, Online Credit Card Payment.) - Referred to Judge Bert W. Milling, Jr. (tgw) |
| Filing 13 MOTION for Dena H. Sokolow to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2249441, Online Credit Card Payment.) by Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor. (Attachments: #1 Exhibit, #2 Exhibit) (Sokolow, Dena) |
| Filing 12 NOTICE by Bryan Mygrant To Become Party Plaintiff (Arciniegas, Daniel) |
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Filing 11
ENDORSED ORDER granting #10 Defendants' Motion for Extension of Time to Answer. Signed by District Judge William H. Steele on 7/10/2018. (Steele, William)
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| MOTIONS REFERRED: #10 Unopposed MOTION for Extension of Time to File Answer to Judge Steele (tgw) |
| Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed Motion for Extension of Time to File Answer and Affirmative Defenses by Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor. (Karlson, Daisy) |
| Filing 9 NOTICE of Appearance by Daisy Christina Karlson on behalf of Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor (Karlson, Daisy) |
| Filing 8 SUMMONS Returned Executed by Bryan Mygrant, Jonathan Webber. Gulf Coast Restaurant Group, Inc. served on 6/18/2018, answer due 7/9/2018 (Arciniegas, Daniel) |
| Filing 7 SUMMONS Returned Executed by Bryan Mygrant, Jonathan Webber. Half Shell Oyster House, Inc. served on 6/18/2018, answer due 7/9/2018 (Arciniegas, Daniel) |
| Filing 6 SUMMONS Returned Executed by Bryan Mygrant, Jonathan Webber. Robert Taylor served on 6/18/2018, answer due 7/9/2018 (Arciniegas, Daniel) |
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Filing 5
ENDORSED ORDER GRANTING #4 Motion for Charles P. Yezbak, III to Appear Pro Hac Vice. Signed by Magistrate Judge Bert W. Milling, Jr on 6/8/2018. (clr)
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| MOTIONS REFERRED: #4 MOTION for Charles P. Yezbak, III to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2234486, Online Credit Card Payment.) - Referred to Judge Bert W. Milling, Jr. (tgw) |
| Filing 4 MOTION for Charles P. Yezbak, III to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-2234486, Online Credit Card Payment.) by Bryan Mygrant, Jonathan Webber. (Attachments: #1 Application for Admission, #2 Certificate of Good Standing for Charles P. Yezbak, III) (Arciniegas, Daniel) |
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Filing 3
Service Order entered 6/7/2018. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 7/23/2018. Signed by District Judge William H. Steele on 6/7/2018. (tgw)
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| Filing 2 Summons Issued as to Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (tgw) |
| Filing 1 COMPLAINT against Gulf Coast Restaurant Group, Inc., Half Shell Oyster House, Inc., Robert Taylor ( Filing fee $400 receipt number 1128-2233760, Online Credit Card Payment), filed by Bryan Mygrant, Jonathan Webber. (Attachments: #1 Exhibit A - Contact Us Page, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Summons for Gulf Coast Restaurant Group Inc., #4 Exhibit Summons for Half Shell Oyster House inc., #5 Exhibit Summons for Robert Taylor) (Arciniegas, Daniel) |
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