Nixon et al v. Costner Excavating Inc et al
Plaintiff: Cory Nixon, Ricky Earls, Michael Hearing and Bud Trammell
Defendant: Costner Excavating Inc and Rhett Costner
Case Number: 4:2011cv00578
Filed: July 21, 2011
Court: US District Court for the Eastern District of Arkansas
Office: Little Rock Office
County: White
Presiding Judge: Billy Roy Wilson
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 16, 2017 Opinion or Order Filing 318 JUDGMENT OF GARNISHMENT: Pursuant to the 317 Order entered separately today, judgment is entered in favor of the plaintiffs against The Citizens Bank in the amount of $1,233.98, for distribution in accordance with Holleman & Associates' professional obligations and contractual relationships with its clients. Signed by Judge J. Leon Holmes on 8/16/2017. (ljb)
February 18, 2015 Opinion or Order Filing 182 JUDGMENT: Consistent with the 181 Order entered on this date, the Court enters judgment in favor of plaintiffs and jointly and severally against defendants against Costner Drilling & Blasting LLC, Costner Excavating Inc, Costner Holding LLC, Cost ner Machinery & Equipment LLC, Costner Trucking Inc, LaDonna Costner, and Rhett Costner in the amount of $200,000.00. The Court also awards prejudgment interest at the rate of 6% per annum from January 31, 2015, until this date. Signed by Judge Kristine G. Baker on 02/18/2015. (rhm)
January 17, 2014 Opinion or Order Filing 174 ORDER DISMISSING CASE with prejudice pursuant to the parties' joint stipulation of dismissal 173 . Signed by Judge Kristine G. Baker on 1/17/14. (kpr)
January 10, 2014 Opinion or Order Filing 172 ORDER removing this case from the trial docket for the week of March 31, 2014. Signed by Judge Kristine G. Baker on 1/10/14. (kpr)
October 7, 2013 Opinion or Order Filing 165 ORDER granting in part and denying in part 158 Motion to Compel. Written discovery responses should be supplemented and the requested depositions should be completed by Monday, October 28, 2013. Any motions to dismiss, motions for summary judgme nt, or supplements to those motions or supplements to any other currently pending motions should be filed by the parties by November 11, 2013, with responses due by November 25, 2013, and replies due December 2, 2013. After December 2, 2013, the Cour t will consider ripe, and will take up all issues presented in, plaintiffs motion for summary judgment (Dkt. No. 82), defendants motion for summary judgment (Dkt. No. 104), and defendants motion to decertify the conditionally certified class (Dkt. No. 125). Signed by Judge Kristine G. Baker on 10/7/13. (kpr)
April 16, 2013 Opinion or Order Filing 155 ORDER re 136 MOTION to Continue and 92 MOTION for Ruling (to Defer). The parties may engage in limited discovery. The Court extends the discovery ddl for this addtl discovery by 90 days. The parties are directed to contac t the Court and request a telephone conference if they dispute whether requested discovery falls within the scope of this Court's Order. The Court will set new discovery ddls, motions ddls, supplemental briefing ddls, as well as a new trial date, by a Second Amended Final Scheduling Order. The Court denies the oral motion to depose all plaintiffs who could be called to testify at trial without prejudice.Signed by Judge Kristine G. Baker on 4/16/13. (kpr)
March 20, 2013 Opinion or Order Filing 149 ORDER denying 141 Motion to Dismiss deft LaDonna Costner. Signed by Judge Kristine G. Baker on 3/20/13. (kpr)
March 19, 2013 Opinion or Order Filing 148 ORDER granting separate plaintiff Lenny Wallace's 128 Motion to Dismiss; finding as moot 134 Motion to Dismiss Party. Mr. Wallace's claims against all defts are dismissed without prejudice. Signed by Judge Kristine G. Baker on 3/19/13. (kpr)
December 10, 2012 Opinion or Order Filing 119 PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 12/10/12. (kpr)
December 7, 2012 Opinion or Order Filing 118 AMENDED ORDER granting 116 MOTION to Withdraw as Attorney AMBER SCHUBERT AS NAMED COUNSEL filed by Daniel Converse, Carl Otwell, Norman R Watson, Gordon O Franklin, Bradford E Freeman, Coy Moore, Bud Trammell, Ricky Earls, Wiley G O sborn, George L Babb, Clifford P Littrell, Ronnie A Smith, Robert Gracie, Terry Winningham, James Conley, Lenny Wallace, Charles W Bisbee, William A Wolverton, Charles D Pistole, Russ Evans, Michael Hearing, Randall E Dollar, William Northern, Paul Baggett, Daniel F Trammell, Larry R Johns, Cory Nixon, David Outlaw. Signed by Judge Kristine G. Baker on 12/7/12. (kpr)
October 18, 2012 Opinion or Order Filing 90 ORDER granting 78 Motion to Dismiss Party Bud Trammell. Signed by Judge Kristine G. Baker on 10/18/12. (kpr)
April 24, 2012 Opinion or Order Filing 68 ORDER denying 36 Motion for Partial Summary Judgment; granting 52 Motion for Leave to File and Amended Answer, which should be filed by 5:00 p.m., Thursday, April 26, 2012; and denying 57 Motion to defer ruling. Signed by Judge Billy Roy Wilson on 4/24/12. (kpr)
January 17, 2012 Opinion or Order Filing 27 PROTECTIVE ORDER. Signed by Judge Billy Roy Wilson on 1/17/12. (kpr)
January 6, 2012 Opinion or Order Filing 25 ORDER denying without prejudice pltfs' 19 Motion to Compel; granting defts' 21 Motion to Extend Time. Signed by Judge Billy Roy Wilson on 1/6/12. (vjt)
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Search for this case: Nixon et al v. Costner Excavating Inc et al
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Plaintiff: Cory Nixon
Represented By: Christopher Richard Heil
Represented By: John T. Holleman, IV
Represented By: Maryna O. Jackson
Represented By: Lloyd W. Kitchens, III
Represented By: Amber R. Schubert
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Plaintiff: Ricky Earls
Represented By: Christopher Richard Heil
Represented By: John T. Holleman, IV
Represented By: Maryna O. Jackson
Represented By: Lloyd W. Kitchens, III
Represented By: Amber R. Schubert
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Plaintiff: Michael Hearing
Represented By: Christopher Richard Heil
Represented By: John T. Holleman, IV
Represented By: Maryna O. Jackson
Represented By: Lloyd W. Kitchens, III
Represented By: Amber R. Schubert
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Plaintiff: Bud Trammell
Represented By: Christopher Richard Heil
Represented By: John T. Holleman, IV
Represented By: Maryna O. Jackson
Represented By: Lloyd W. Kitchens, III
Represented By: Amber R. Schubert
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Defendant: Costner Excavating Inc
Represented By: Denise Reid Hoggard
Represented By: Virgil Woodrow Young, Jr.
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Defendant: Rhett Costner
Represented By: Denise Reid Hoggard
Represented By: Virgil Woodrow Young, Jr.
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