Holder v. Bacus Foods Corporation et al
| Michael Holder |
| Bacus Foods Corporation, BFCJJS106 LLC, Brandt Bacus, Jared Bacus and Unknown Parties |
| 2:2023cv00763 |
| May 3, 2023 |
| US District Court for the District of Arizona |
| James F Metcalf |
| John J Tuchi |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
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Filing 36
MOTION for Extension of Time to File Response/Reply as to #35 Response in Opposition to Motion by BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Attachments: #1 Proposed Order)(Derrig, Kathleen)
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Filing 35
RESPONSE in Opposition re: #29 MOTION for Ruling re: #8 MOTION to Certify Class Plaintiff's Motion for Conditional Certification of FLSA Collective Action filed by Michael Holder. (Scherpenberg, Joseph)
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Filing 34
ORDER: IT IS HEREBY ORDERED granting in part and denying in part Plaintiff's Partially Unopposed Motion to Exceed Page Limits for Reply in Support of Plaintiff's Motion for Conditional Certification of FLSA Collective Action (Doc. #30 ). Plaintiff may file their Reply in Support of Plaintiff's Motion for Conditional Certification not to exceed six pages over the limit. IT IS FURTHER ORDERED that Plaintiff's Reply (Doc. #32 ) in support of their Motion for Conditional Certification (Doc. #8 ) is considered filed as of June 21, 2023. (See attached Order). Signed by Judge John J Tuchi on 6/23/2023. (JAMA)
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Filing 33
NOTICE by Michael Holder re: #31 Response in Opposition to Motion, #30 MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit in Reply in Support of Motion for Conditional Certification Notice Regarding Plaintiff's Motion to Exceed Page Limit. (Scherpenberg, Joseph)
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Filing 32
REPLY to Response to Motion re: #8 MOTION to Certify Class Plaintiff's Motion for Conditional Certification of FLSA Collective Action filed by Michael Holder. (Attachments: #1 Exhibit Declaration of Andrew Kimble)(Scherpenberg, Joseph)
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Filing 31
RESPONSE in Opposition re: #30 MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit in Reply in Support of Motion for Conditional Certification Response in Opposition to Plaintiff's Motion to Exceed Page Limits (Doc. 30) filed by BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Pasqualone, Laura)
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Filing 30
MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit in Reply in Support of Motion for Conditional Certification by Michael Holder. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Exceed Page Limit)(Scherpenberg, Joseph)
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Filing 29
MOTION for Ruling re: #8 MOTION to Certify Class Plaintiff's Motion for Conditional Certification of FLSA Collective Action by BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Attachments: #1 Proposed Order)(Derrig, Kathleen)
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Filing 28
RESPONSE in Opposition re: #8 MOTION to Certify Class Plaintiff's Motion for Conditional Certification of FLSA Collective Action filed by BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Attachments: #1 Exhibit 1)(True, Nicole)
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Filing 27
Corporate Disclosure Statement by BFCJJS106 LLC identifying Corporate Parent BFCNE, Inc. for BFCJJS106 LLC. (True, Nicole)
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Filing 26
Corporate Disclosure Statement by Bacus Foods Corporation. (True, Nicole)
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Filing 25
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss Case and/or Transfer, MOTION to Compel Arbitration by BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(True, Nicole)
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Filing 24
NOTICE re: of Service of Court's Order to Defendants by Michael Holder . (Scherpenberg, Joseph)
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Filing 23
SERVICE EXECUTED filed by Michael Holder: Proof of Service re: Summons and Complaint Summons Returned Executed upon BFCJJS106, LLC on 05/22/2023. (Kimble, Andrew)
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Filing 22
SERVICE EXECUTED filed by Michael Holder: Proof of Service re: Summons and Complaint Summons Returned Executed upon Jared Bacus, Brandt Bacus, Bacus Foods Corp. on 05/17/2023. (Kimble, Andrew)
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Filing 21
SERVICE EXECUTED filed by Michael Holder: Certificate of Service re: Motion for Conditional Certification of FLSA Collective Action upon Bacus Foods Corp, BFCJJS106, LLC, Brandt Bacus, Jared Bacus on 05/17/2023; 05/22/2023. (Attachments: #1 Exhibit Summons Returned Executed)(Kimble, Andrew)
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Filing 20
ORDER denying Defendants' Expedited Motion to Stay Briefing on Plaintiff's Motion for Conditional Certification (Doc. #19 ) without prejudice to filing a motion for the Court to defer ruling on Plaintiff's Motion for Conditional Certification pending its resolution of Defendants' Dispositive Motion, if one is filed. IT IS FURTHER ORDERED granting Defendants' alternative Expedited Motion for an Extension of Time to Respond to the Motion for Conditional Certification (Doc. #19 ). Defendants shall have until 6/14/23 to respond to Plaintiff's Motion for Conditional Certification (Doc. #8 ). Signed by Judge John J Tuchi on 6/2/23. (SMF)
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Filing 19
MOTION to Stay re: #8 MOTION to Certify Class Plaintiff's Motion for Conditional Certification of FLSA Collective Action (Expedited) or, Alternatively Expedited Motion for an Extension of Time to Respond to the Motion for Conditional Certification by BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Attachments: #1 Proposed Order Order)(True, Nicole)
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Filing 18
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 August 2, 2023. (See attached Order). Signed by Judge John J Tuchi on 5/30/2023. (JAMA)
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Filing 17
ORDER: IT IS HEREBY 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 5/30/2023. (JAMA)
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Filing 15
NOTICE of Appearance by Laura Mary Pasqualone on behalf of BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Pasqualone, Laura)
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Filing 14
MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge John J Tuchi. All further pleadings/papers should now list the following COMPLETE case number: CV-23-00763-PHX-JJT. that the Order to Show Cause Hearing scheduled for June 5, 2023 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Filing 13
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Filing 11
ORDER that Michael Holder show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 6/5/2023 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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Remark: Pro hac vice motion(s) granted for Joseph Scherpenberg on behalf of Plaintiff Michael Holder. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 10
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Michael Holder Notice of Filing First Amended Complaint. (Attachments: #1 Exhibit A - Redlined Amended Complaint)(Kimble, Andrew)
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Filing 9
ORDER - Plaintiff has through 5/19/23 to comply with LRCiv 15.1(b). Signed by Magistrate Judge James F Metcalf on 5/9/23. (SMF)
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Filing 8
MOTION to Certify Class Plaintiff's Motion for Conditional Certification of FLSA Collective Action by Michael Holder. (Attachments: #1 Exhibit 1 - Declaration of Michael Holder, #2 Exhibit 2 - Notice, #3 Exhibit 3 - Email Notice, #4 Proposed Order)(Kimble, Andrew)
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Filing 7
AMENDED COMPLAINT First Amended Class and Collective Action Complaint against All Defendants filed by Michael Holder.(Kimble, Andrew)
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Remark: Pro hac vice motion(s) granted for Andrew Kimble on behalf of Plaintiff Michael Holder. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 6
AMENDED DOCUMENT by Michael Holder Civil Cover Sheet. (Kimble, Andrew)
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Filing 5
NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Michael Holder. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. 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. (JAM)
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Filing 4
Summons Issued as to BFCJJS106 LLC, Brandt Bacus, Jared Bacus, Bacus Foods Corporation. (Attachments: #1 Summons, #2 Summons, #3 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 3
Filing fee paid, receipt number AAZDC-21872108. This case has been assigned to the Honorable James F Metcalf. All future pleadings or documents should bear the correct case number: CV-23-763-PHX-JFM. Magistrate Election form attached. (JAM)
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Filing 2
SUMMONS Submitted by Michael Holder. (Kimble, Andrew) (Attachments: #1 Summons, #2 Summons, #3 Summons)(JAM)
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Filing 1
COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21872108 filed by Michael Holder. (Kimble, Andrew) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(JAM)
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