York et al v. Dave & Buster's Incorporated et al
| Gery Pearson and Natasha York |
| Dave & Buster's Management Corporation Incorporated and Dave & Buster's Incorporated |
| 2:2021cv01130 |
| June 29, 2021 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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Filing 40
ORDER: The Court will grant the parties most of their requested additional time, until September 29, 2023, but will not further extend the deadline to dismiss the extinguished claims and this action. Either the parties shall have filed a stipulation of dismissal by September 29, 2023, or the Court will dismiss sua sponte. Signed by Judge John J Tuchi on 8/07/2023. (REK)
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| Filing 39 STATUS REPORT by Gery Pearson, Natasha York. (Foty, Don) |
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Filing 38
ORDER: IT IS HEREBY ORDERED continuing the stay in this matter to August 4, 2023. The parties shall file a status report or joint stipulation and order of dismissal by August 4, 2023. IT IS FURTHER ORDERED that this matter will be dismissed with prejudice without further notice on August 4, 2023, if the parties fail to file a status report or stipulation to dismiss prior to that date. Signed by Judge John J Tuchi on 6/14/2023. (JAMA)
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| Filing 37 STATUS REPORT Joint by Dave & Buster's Management Corporation Incorporated. (Blakey, Kathryn) |
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Filing 36
ORDER continuing the stay in this matter to 6/16/23. The parties shall file a joint status report by 6/12/23, or within one week of a final arbitration decision, whichever is sooner. Signed by Judge John J Tuchi on 4/28/23. (SMF)
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Filing 35
ORDER of USCA re: 22-70152: The parties' motion to voluntarily dismiss the petition for writ of mandamus is GRANTED. Each party shall bear its own costs and fees on appeal. IT IS SO ORDERED. (BAC)
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Filing 34
ORDER of USCA re: #32 Petition for Writ of Mandamus and/or Prohibition. Real party in interest's motion to extend the time for filing an answer to the mandamus petition (Docket Entry No. 4) is granted. Real parties in interest's answer is due on 9/29/22. The district court, by 9/29/22, may elect to file an answer with this court or to issue a supplemental order and serve a copy on this court. Petitioner may file a reply within five days after service of the answer(s). The Clerk shall serve this order on the district court and District Judge John J Tuchi. (BAC)
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Filing 33
ORDER of USCA re: #32 Petition for Writ of Mandamus and/or Prohibition. This petition for a writ of mandamus raises issues that warrant an answer. Within 14 days after the date of this order, the real parties in interest shall file an answer. The district court, within 14 days after the date of this order, may address the petition if it so desires. The district court may elect to file an answer with this court or to issue a supplemental order and serve a copy on this court. (See attached PDF for complete information). (BAC)
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| Filing 32 USCA Case Number re: Petition for Writ of Mandamus and/or Prohibition, Ninth Circuit Case number 22-70152. (BAC) |
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Filing 31
ORDER granting Defendants Dave & Buster's, Inc. and Dave & Buster's Management Corp.'s Motion to Compel Arbitration, Strike Class and Collective Claims, and Stay Proceedings Pending Plaintiff's Individual Arbitrations #21 . IT IS FURTHER ORDERED compelling Plaintiffs York and Pearson to individual arbitrations under the terms of the Arbitration Agreements they signed. IT IS FURTHER ORDERED striking the class and collective claims in this matter. IT IS FURTHER ORDERED staying this matter for a limited period of time, to be determined by the parties' progress in engaging in and completing the arbitration process. The parties shall file a joint status report by December 2, 2022, or within one week of a final arbitration decision, whichever is sooner. Signed by Judge John J Tuchi on 6/03/2022. (REK)
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| Filing 30 REPLY to Response to Motion re: #21 MOTION to Compel Arbitration MOTION to Strike Class and Collective Claims MOTION to Stay Proceedings Pending Plaintiffs' Individual Arbitrations filed by Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. (Attachments: #1 Exhibit A - Huckaba v. Ref-Chem, L.P. (7:16-cv-00384), Exhibit 4-1 - Declaration/Huckaba Arbitration Agreement,)(Oller, Robert) |
| Filing 29 RESPONSE in Opposition re: #21 MOTION to Compel Arbitration MOTION to Strike Class and Collective Claims MOTION to Stay Proceedings Pending Plaintiffs' Individual Arbitrations filed by Gery Pearson, Natasha York. (Attachments: #1 Exhibit 2014 Agreement Signed by Soughers, #2 Exhibit 2014 Agreement Signed by Brinkman, #3 Exhibit 2014 Agreement Signed by Miles, #4 Proposed Order)(Foty, Don) |
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Filing 28
ORDER: IT IS HEREBY ORDERED granting the Parties' Joint Motion for Extension of Time and Entry of Briefing Schedule Regarding Defendants' Motion to Compel Arbitration, Strike Class and Collective Action Claims, and Stay Proceedings Pending Plaintiffs' Individual Arbitrations (Doc. #27 ). IT IS FURTHER ORDERED extending the deadline for Plaintiffs to respond to Defendants' Motion to Compel Arbitration, Strike Class and Collective Action Claims, and Stay Proceedings Pending Plaintiffs' Individual Arbitrations (Doc. #21 ) to December 7, 2021. IT IS FURTHER ORDERED extending the deadline for Defendants to file their Reply to December 21, 2021. Signed by Judge John J Tuchi on 11/22/2021. (JAMA)
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| Filing 27 Joint MOTION for Extension of Time EXTENSION OF TIME AND ENTRY OF BRIEFING SCHEDULE REGARDING DEFENDANTS MOTION TO COMPEL ARBITRATION, STRIKE CLASS AND COLLECTIVE ACTION CLAIMS, AND STAY PROCEEDINGS PENDING PLAINTIFFS INDIVIDUAL ARBITRATIONS by Gery Pearson, Natasha York. (Fischer, Alanna) |
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Filing 26
*ORDER: IT IS HEREBY ORDERED granting Plaintiffs' Unopposed Motion to Continue Deadline to Respond to Defendants' Motion to Compel Arbitration, Strike Class and Collective Action Claims, and Stay Proceedings Pending Plaintiffs' Individual Arbitrations (Doc. #25 ). IT IS FURTHER ORDERED extending the deadline for Plaintiffs to respond to Defendants' Motion to Compel Arbitration, Strike Class and Collective Action Claims, and Stay Proceedings Pending Plaintiffs' Individual Arbitrations (Doc. #21 ) to November 23, 2021. Signed by Judge John J Tuchi on 11/15/2021. (JAMA) *Modified signature date on 11/16/2021 (REK).
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| Filing 25 *MOTION for Extension of Time to File Response/Reply re: #21 MOTION to Compel Arbitration, MOTION to Strike Class and Collective Claims, MOTION to Stay Proceedings Pending Plaintiffs' Individual Arbitrations by Gery Pearson, Natasha York. (Lazzaro, Anthony) *Modified to correct motion type and text on 11/9/2021 (REK). |
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Filing 24
SCHEDULING ORDER: Discovery due by 10/21/2022. Dispositive motions due by 11/11/2022. (See attached Order for additional deadlines and details). Signed by Judge John J Tuchi on 10/29/2021. (JAMA)
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| Filing 23 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Scheduling Conference held on 10/29/2021. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Telephonic appearance by Don Foty for Plaintiffs. Telephonic appearance by Kathryn Blakely and David Jordan for Defendants. (Court Reporter Elaine Cropper.) Hearing held 9:00 AM to 9:35 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 22 DECLARATION of Kerri Walters re: #21 MOTION to Compel Arbitration MOTION to Strike Class and Collective Claims MOTION to Stay Proceedings Pending Plaintiffs' Individual Arbitrations by Defendants Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. (Attachments: #1 Exhibit A-K)(Oller, Robert) |
| Filing 21 MOTION to Compel Arbitration , MOTION to Strike Class and Collective Claims, MOTION to Stay Proceedings Pending Plaintiffs' Individual Arbitrations by Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. (Attachments: #1 Proposed Order)(Oller, Robert) |
| Filing 20 AMENDED NOTICE TO FILER OF DEFICIENCY re: 19 Notice of Deficiency (Text Only), #18 Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan) filed by Gery Pearson, Natasha York. Document #18 is not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. PLEASE DISREGARD 19 Notice of Deficiency. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 19 NOTICE TO FILER OF DEFICIENCY re: #18 Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan) filed by Gery Pearson, Natasha York. Document not in compliance with LR Civ 3.2(a) Complete case number identification including Judge and/or Magistrate initials, 7.1 (a)(2) Title of the Court, 7.1(a)(3) Title of the action, Description of the Nature of the Document, 7.1(b) Document is unsigned. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting by Gery Pearson, Natasha York. (Foty, Don) |
| Remark: Pro hac vice motion(s) granted for David B Jordan on behalf of Defendants Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 17
ORDER: Telephonic Scheduling Conference set for 10/29/2021 at 09:00 AM in ourtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John Tuchi. (See attached Order). Signed by Judge John J Tuchi on 8/30/2021. (JAMA)
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| Filing 16 Corporate Disclosure Statement by Dave & Buster's Incorporated identifying Corporate Parent Dave & Busters Holdings, Inc., Corporate Parent Dave & Busters Entertainment, Inc., for Dave & Buster's Incorporated. (Oller, Robert) |
| Filing 15 Defendants' ANSWER to #1 Complaint by Dave & Buster's Incorporated.(Oller, Robert) |
| Remark: Pro hac vice motion(s) granted for Kathryn B Blakey on behalf of Defendants Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 14
ORDER: IT IS HEREBY ORDERED granting Defendants' Unopposed Motion to Continue Deadline to Respond to Plaintiffs' Collection and Class Action Complaint (First Request) (Doc. #12 ). IT IS FURTHER ORDERED extending the deadline for Defendants to file an Answer or otherwise respond to Plaintiffs' Complaint (Doc. #1 ) to August 27, 2021. Signed by Judge John J Tuchi on 7/29/2021. (JAMA)
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| Filing 13 NOTICE TO FILER OF DEFICIENCY re: #12 MOTION for Extension of Time to File Answer re: #1 Complaint filed by Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAH) |
| Filing 12 MOTION for Extension of Time to File Answer re: #1 Complaint by Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. (Attachments: #1 Text of Proposed Order)(Oller, Robert) |
| Remark: Pro hac vice motion(s) granted for Alanna Klein Fischer on behalf of Plaintiffs Gery Pearson, Natasha York. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 11 SERVICE EXECUTED filed by Gery Pearson, Natasha York: Proof of Service re: Plaintiff's Collective Action and Class Action Complaint upon Dave & Buster's, Inc.; and Dave & Buster's Management Corp., Inc. on July 7, 2021. (Attachments: #1 Proof of Service for Dave & Busters Management Corp., Inc.)(Foty, Don) |
| Remark: Pro hac vice motion(s) granted for Anthony James Lazzaro on behalf of Plaintiffs Gery Pearson, Natasha York. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Out of state attorney Anthony James Lazzaro terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 10 Summons Issued as to Dave & Buster's Incorporated, Dave & Buster's Management Corporation Incorporated. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 9 SUMMONS Submitted by Gery Pearson, Natasha York. (Attachments: #1 Additional Summons request)(Foty, Don) |
| Filing 8 NOTICE re: of Filing Consents to Join Wage Claim by Gery Pearson, Natasha York . (Attachments: #1 Consent Forms)(Foty, Don) |
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Filing 7
ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on September 28, 2021. (See attached Order). Signed by Judge John J Tuchi on 6/30/2021. (JAMA)
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Filing 6
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 6/30/2021. (JAMA)
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Filing 5
ORDER pursuant to General Order 09-08 terminating #4 Motion for Admission Pro Hac Vice. Attorney notified pro hac vice incorrectly filed and it has been correct refiled and filing fee paid. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 4 MOTION for Admission Pro Hac Vice as to attorney Don J. Foty by Gery Pearson, Natasha York. (Foty, Don) |
| Remark: Pro hac vice motion(s) granted for Don J Foty, Lori Marie Griffin on behalf of Plaintiffs Gery Pearson, Natasha York. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Gery Pearson, Natasha York. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) |
| Filing 2 Filing fee paid, receipt number 0970-19615626. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-21-1130-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19615626 filed by Natasha York and Gery Pearson. (Foty, Don) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(DLC) |
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