Crouch v. TNT Towing & Transportation LLC et al
| Thomas J Kiley and Unknown Kiley |
| Wesley Crouch and Unknown Crouch |
| TNT Towing & Transportation LLC |
| 3:2020cv08120 |
| May 26, 2020 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| 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 9, 2021. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting the Stipulation of Dismissal with Prejudice (Doc. #40 ) and dismissing this action, with prejudice, in its entirety, and with each party to bear its own costs and attorneys' fees. IT IS FURTHER ORDERED that the Clerk of the Court shall close this case. Signed by Judge Michael T. Liburdi on 8/6/2021. (RMW) Modified on 8/9/2021 to correct date of Judge's signature in docket text (RMW).
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| Filing 40 STIPULATION of Dismissal with prejudice by Wesley Crouch. (Attachments: #1 Text of Proposed Order granting motion)(Bendau, Christopher) |
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Filing 39
ORDER granting the Joint Motion to Vacate the Hearing Scheduled for 7/30/2021 (Doc. #38 ). The Motion Hearing set for 7/30/2021 is hereby vacated.IT IS FURTHER ORDERED that Plaintiff's Motion to Enforce Settlement Agreement (part of Doc. #24 ) is withdrawn. IT IS FINALLY ORDERED that, because the parties have notified the Court that this case has settled (Docs. #24 , #38 ), the Clerk of Court shall, without further notice, dismiss this entire case on 8/27/2021, with prejudice, unless prior thereto a party withdraws the Notice of Settlement (part of Doc. #24 ). Signed by Judge Michael T. Liburdi on 7/28/2021. (RMW)
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| Filing 38 Joint MOTION to Vacate hearing scheduled for July 30, 2021 by Wesley Crouch. (Attachments: #1 Text of Proposed Order granting motion)(Bendau, Christopher) |
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Filing 37
ORDER granting Plaintiff's Motion to Excuse Attendance, or in the alternative, Continue the 7/30/2021 Hearing (Doc. #36 ) insofar as Plaintiff's in-person attendance at the Motion Hearing set for 7/30/2021 is excused. Plaintiff's counsel shall attend the hearing in person. If possible, Plaintiff shall attend the hearing telephonically. Plaintiff's counsel will receive call-in instructions via e-mail. Signed by Judge Michael T. Liburdi on 7/26/2021. (RMW)
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| Filing 36 MOTION Excuse attendance at the July 30 hearing or in the alternative continue the July 30 hearing by Wesley Crouch. (Attachments: #1 Text of Proposed Order granting motion)(Bendau, Christopher) |
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Filing 35
ORDER granting Plaintiff's Motion to Continue July 9, 2021 Hearing (Doc. #34 ). The Motion Hearing set for 7/9/2021 is continued to Friday, 7/30/2021 at 2:00 PM, in Courtroom 504. Counsel and the partiesMr. Crouch and Mr. Kileyshall appear in person. Signed by Judge Michael T. Liburdi on 7/6/2021. (RMW)
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| Filing 34 MOTION to Continue Motion Hearing scheduled for July 9, 2021 by Wesley Crouch. (Attachments: #1 Text of Proposed Order granting motion)(Bendau, Christopher) |
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Filing 33
ORDER denying #32 Plaintiff's Motion to Appear Telephonically. Plaintiff Wesley Crouch and his counsel shall appear in person at the Motion Hearing set for Friday, 7/9/2021 at 10:00 AM. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 7/6/2021. (RMW)
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| Filing 32 MOTION to appear telephonically by Wesley Crouch. (Attachments: #1 Text of Proposed Order Grantig Motion)(Bendau, Christopher) |
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Filing 31
ORDER - Briefing on the Motion to Enforce the Settlement Agreement is complete. In his reply brief, Plaintiff indicates that he has not yet received the promised settlement payment. (Doc. #30 at 1.) Therefore, IT IS ORDERED reaffirming the Motion Hearing set for Friday, 7/9/2021 at 10:00 AM, in Courtroom 504. (Doc. #28 .) Counsel and the parties Mr. Crouch and Mr. Kiley shall appear in person. In addition to the substance of the Motion to Enforce Settlement Agreement, counsel shall be prepared to discuss Plaintiff's request for attorney's fees. (See Docs. #24 , #30 .) Ordered by Judge Michael T Liburdi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
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| Filing 30 REPLY to Response to Motion re: #24 MOTION to Enforce Settlement Agreement filed by Wesley Crouch. (Bendau, Christopher) |
| Filing 29 RESPONSE to Motion re: #24 MOTION to Enforce Settlement Agreement filed by Thomas J Kiley, Unknown Kiley, TNT Towing & Transportation LLC. (Aylstock, Barry) |
| Filing 28 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 6/14/2021. IT IS ORDERED that the deadline for Defendants to respond to Plaintiff's Motion to Enforce Settlement Agreement, (Doc. #24 ), is extended to Friday, 6/25/2021. Plaintiff may file a reply by Friday, 7/2/2021. IT IS FURTHER ORDERED setting a Motion Hearing on Plaintiff's motion to Enforce, (Doc. #24 ), for Friday, 7/9/2021 at 10:00 AM, in Courtroom 504. IT IS FURTHER ORDERED that should payment be received prior to the hearing Plaintiff shall file a notice of satisfaction with the Court (1) requesting that the motion hearing be vacated and (2) withdrawing the Motion to Enforce. (Court Reporter Barbara Stockford) Hearing held 10:30 AM to 10:39 AM.(RMW) |
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Filing 27
ORDER granting Defendants' Motion to Appear Telephonically (Doc. #26 ). Defendants may appear telephonically at the Status Conference set for June 14, 2021 at 10:30 A.M. Defendants' counsel will receive call-in instructions via e-mail to participate in the hearing. Signed by Judge Michael T Liburdi on 6/11/2021. (LFIG)
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| Filing 26 MOTION for Leave to Appear Telephonic by Thomas J Kiley, Unknown Kiley, TNT Towing & Transportation LLC. (Attachments: #1 Text of Proposed Order Order)(Aylstock, Barry) |
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Filing 25
ORDER (text only): IT IS ORDERED setting a Status Conference for Monday 6/14/2021 at 10:30 AM, in Courtroom 504. The parties shall be prepared to discuss how to proceed with Plaintiff's Motion to Enforce Settlement Agreement (Doc. #24 ). Plaintiff shall provide the Court with a copy of the settlement agreement for in camera review by no later than 6/10/2021 at 12:00 PM. In-person appearance is preferred; however, the Court will permit telephonic appearance upon request. Ordered by Judge Michael T. Liburdi on 6/3/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 24 WITHDRAWN by Order Doc. #39 *MOTION to Enforce Settlement Agreement and NOTICE of Settlement by Wesley Crouch. (Attachments: #1 Text of Proposed Order granting motion)(Bendau, Christopher) *Modified to correct motion type and text on 6/4/2021 (REK). Modified on 7/28/2021 (RMW). |
| Filing 23 NOTICE of Service of Discovery filed by Wesley Crouch. (Bendau, Christopher) |
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Filing 22
ORDER (text only): Because the Court previously granted the parties' Stipulated Dismissal Without Prejudice of Defendant and Counterclaimant's Counterclaim (Doc. #19 ), IT IS ORDERED denying Plaintiff's Motion to Dismiss Counterclaim (Doc. #14 ) as moot. Ordered Judge Michael T. Liburdi on 12/11/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 21 NOTICE of Service of Discovery filed by Wesley Crouch. (Bendau, Christopher) |
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Filing 20
ORDER granting the Stipulated Dismissal Without Prejudice of Defendant and Counterclaimant's Counterclaim (Doc. #19 ). Defendant and Counterclaimant TNT Towing & Transportation LLC's Counterclaim asserted in the Answer and Counterclaim (Doc. #11 ) is dismissed from this case, without prejudice, each party to bear its own costs and attorneys' fees with regard to the Counterclaim. IT IS FURTHER ORDERED that because Plaintiff's claims remain, the Clerk of the Court shall not close this case. Signed by Judge Michael T. Liburdi on 9/15/2020. (RMW)
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| Filing 19 STIPULATION of Dismissal by TNT Towing & Transportation LLC. (Attachments: #1 Text of Proposed Order Order)(Aylstock, Barry) |
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Filing 18
ORDER granting the Stipulation for Extension of Time (Doc. #17 ). The deadline for TNT Towing & Transportation LLC to file a response to the Motion to Dismiss (Doc. #14 ) is extended to 9/14/2020. There will be no further extensions absent a showing of extraordinary circumstances. Signed by Judge Michael T. Liburdi on 8/18/2020. (RMW)
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| Filing 17 STIPULATION re: #14 MOTION to Dismiss for Lack of Jurisdiction by TNT Towing & Transportation LLC. (Attachments: #1 Text of Proposed Order Order)(Aylstock, Barry) |
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Filing 16
SCHEDULING ORDER: IT IS ORDERED that the Telephonic Scheduling Conference presently set for 8/13/2020, is VACATED. The Court enters a Scheduling Order to govern the litigation in this case. Discovery due by 4/16/2021. Dispositive motions due by 10/8/2021. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 8/5/2020. (RMW)
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| Filing 15 *REPORT of Rule 26(f) Planning Meeting by Wesley Crouch. (Bendau, Clifford) *Modified to correct filer on 8/4/2020 (REK). |
| Filing 14 *MOTION to Dismiss for Lack of Jurisdiction by Wesley Crouch. (Attachments: #1 Exhibit A, Bright Order)(Bendau, Clifford) *Modified to correct filer on 8/4/2020 (REK). |
| Filing 13 Corporate Disclosure Statement by TNT Towing & Transportation LLC. (Aylstock, Barry) |
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Filing 12
ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for Thursday, 8/13/2020 at 11:00 AM. Counsel will receive call-in instructions via email to participate in the hearing. The parties must jointly file the Joint Proposed Case Management Report with the Clerk of the Court at least 10 days before the Scheduling Conference. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 7/13/2020. (RMW)
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| Filing 11 *ANSWER to #1 Complaint , COUNTERCLAIM against Wesley Crouch and Unknown Crouch by Unknown Kiley, Thomas J Kiley, TNT Towing & Transportation LLC.(Aylstock, Barry) *Modified to add additional counterdefendant on 7/13/2020 (REK). |
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Filing 10
ORDER granting #9 Stipulation for Extension of Time. The deadlines for Defendants to answer or otherwise respond to Plaintiff's Complaint is extended to 7/10/2020. There will be no further extensions absent a showing of extraordinary circumstances. Signed by Judge Michael T. Liburdi on 7/2/2020. (RMW)
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| Filing 9 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by Thomas J Kiley, Unknown Kiley, TNT Towing & Transportation LLC. (Attachments: #1 Text of Proposed Order Order)(Aylstock, Barry) |
| Filing 8 NOTICE of Appearance by Barry Michael Aylstock on behalf of Thomas J Kiley, Unknown Kiley, TNT Towing & Transportation LLC. (Aylstock, Barry) |
| Filing 7 SERVICE EXECUTED filed by Wesley Crouch: Proof of Service re: Complaint, Summons, and Magistrate Consent Form upon Jane Doe Kiley on 6/6/2020. (Bendau, Clifford) |
| Filing 6 SERVICE EXECUTED filed by Wesley Crouch: Proof of Service re: Complaint, Summons, and Magistrate Consent Form upon Thomas J. Kiley on 6/6/2020. (Bendau, Clifford) |
| Filing 5 SERVICE EXECUTED filed by Wesley Crouch: Proof of Service re: Complaint, Summons, and Magistrate Consent Form upon TNT Towing & Transportation LLC on 6/6/2020. (Bendau, Clifford) |
| Filing 4 Summons Issued as to Thomas J Kiley, Unknown Kiley, TNT Towing & Transportation LLC. (Attachments: #1 Summons, #2 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-18317319. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-20-8120-PCT-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 2 SUMMONS Submitted by Wesley Crouch. (Bendau, Clifford) (Attachments: #1 Summons, #2 Summons)(MCO) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18317319 filed by Wesley Crouch. (Bendau, Clifford) (Attachments: #1 Civil Cover Sheet)(MCO) |
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