Acker et al v. Protech Solutions Inc
| Samuel Acker, Phillip Davidson and Terry Morrow |
| Protech Solutions Inc |
| 4:2020cv00852 |
| July 21, 2020 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 52 FINAL SCHEDULING ORDER: Jury Trial set for 10/3/2022 at 9:30 AM in Little Rock Courtroom # 1A before Chief Judge D. P. Marshall Jr. Discovery due by 8/13/2021. Motions due by 11/12/2021. Signed at the direction of the Court on 11/10/2020. (slb) |
Filing 51
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Joint 26(f) report, Doc. #50 , appreciated. The Court adopts the parties' proposed trial date, as modified to 3 October 2022. A Final Scheduling Order will issue. Signed by Chief Judge D. P. Marshall Jr. on 11/10/2020. (slb)
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| Filing 50 REPORT of Rule 26(f) Planning Meeting by Protech Solutions Inc. JOINT (Balfour, Ronald) |
| Filing 49 Corporate Disclosure Statement (Rule 7.1) by Protech Solutions Inc (Balfour, Ronald) |
| Filing 48 NOTICE of Appearance by Eric Samore on behalf of Protech Solutions Inc (Samore, Eric) |
| Filing 47 NOTICE of Appearance by Molly Arranz on behalf of Protech Solutions Inc (Arranz, Molly) |
| Filing 46 INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 11/6/2020. Jury Trial set for 6/13/2022 at 9:30 AM in Little Rock Courtroom # 1A before Chief Judge D. P. Marshall Jr. Signed at the direction of the Court on 9/24/2020. (slb) |
| Filing 45 NOTICE of Appearance by Marc E. Dann on behalf of Samuel Acker, Phillip Davidson, Terry Morrow (Dann, Marc) |
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Filing 44
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Notice, Doc. #39 , appreciated. This is a reasonable and sensible workaround. Motion, Doc. #3 , withdrawn without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 09/02/2020. (crw)
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Filing 43
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motions, Docs. #40 , #41 , & #42 , granted. Mr. Eric L. Samore, Ms. Molly A. Arranz, and Mr. Ronald D. Balfour are admitted pro hac vice. Signed by Chief Judge D. P. Marshall Jr. on 9/1/2020. (slb)
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| Filing 42 MOTION for Leave to Appear pro hac vice by Ronald D. Balfour. Fee $100 receipt number AAREDC-3792484. Filed by Protech Solutions Inc (Phillips, James) |
| Filing 41 MOTION for Leave to Appear pro hac vice by Molly A. Arranz. Fee $100 receipt number AAREDC-3792476. Filed by Protech Solutions Inc (Phillips, James) |
| Filing 40 MOTION for Leave to Appear pro hac vice by Eric L. Samore. Fee $100 receipt number AAREDC-3792464. Filed by Protech Solutions Inc (Phillips, James) |
| Filing 39 NOTICE by All Plaintiffs (Notice of Withdrawal of Plaintiffs' Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction (Attachments: #1 Exhibit A - Def's Responses to Pltfs' First Set of Interrogatories, #2 Exhibit B - Memorandum of Understanding)(Zimmerman, Thomas) |
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Filing 38
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion to extend, Doc. #37 , granted. Reply due by 31 August 2020. Signed by Chief Judge D. P. Marshall Jr. on 8/25/2020. (slb)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply in Support of Their Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction by All Plaintiffs (Zimmerman, Thomas) |
| Filing 36 BRIEF filed by Samuel Acker, Phillip Davidson, Terry Morrow (Joint Brief on Jurisdiction) (Zimmerman, Thomas) |
| Filing 35 NOTICE of Appearance by Sharon A. Harris on behalf of All Plaintiffs (Harris, Sharon) |
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Filing 34
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motions, Doc. #15 & #28 , granted. Mr. Marc E. Dann and Ms. Sharon A. Harris are admitted pro hac vice. Signed by Chief Judge D. P. Marshall Jr. on 8/19/2020. (slb)
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Filing 33
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court applauds and appreciates the parties' cooperation. Unopposed motion to extend, Doc. #29 , granted. Response due 17 August 2020 and reply due 24 August 2020. Agreed proposal for early discovery, Doc. #31 , approved. Signed by Chief Judge D. P. Marshall Jr. on 8/17/2020. (slb)
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| Filing 32 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order Supplemental Response filed by Protech Solutions Inc. (Attachments: #1 Supplemental Declaration of Kenneth French)(Phillips, James) |
| Filing 31 NOTICE by All Plaintiffs Parties' Agreed Proposal Regarding Early Discovery (Zimmerman, Thomas) |
| Filing 30 ANSWER to #21 Amended Complaint with Jury Demand by Protech Solutions Inc.(Phillips, James) |
| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply by Protech Solutions Inc (Phillips, James) |
| Filing 28 MOTION for Leave to Appear pro hac vice by Sharon Harris. Fee $100 receipt number AAREDC-3771983. Filed by All Plaintiffs (Attachments: #1 Affidavit, #2 Exhibit)(Calhoun, Bart) |
| Filing 27 ANSWER to #2 Complaint with Jury Demand by Protech Solutions Inc.(Phillips, James) |
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Filing 26
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court resets the briefing schedule on injuctive relief and jurisdiction. Protech must file a supplemental response (ten-page limit) to the updated request for a preliminary injunction by 14 August 2020. Reply (ten-page limit) due by 21 August 2020. Simultaneous separate briefs (ten-page limit) on subject matter jurisdiction also due on 21 August 2020. Signed by Chief Judge D. P. Marshall Jr. on 8/4/2020. (slb)
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| NOTICE OF DOCKET CORRECTION re #21 Amended Complaint. CORRECTION: The docket text was modified to indicate the document is filed against Defendant Protech Solutions Inc. (thd) |
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Filing 25
ORDER granting for good cause #19 Motion. The subpoenas to Protech's corporate representative and the Director of the Arkansas Department of Workforce Services, #17 -1 and #18 -1, for depositions Monday morning and Tuesday morning are quashed. #23 Motion is denied without prejudice The Court expects cooperation and coordination among counsel in arranging discovery, not a flurry of last-minute filings or unilaterally scheduled depositions on short notice. If the parties cannot agree, then they must follow the letter and spirit of this Court's usual Scheduling Order. The Court has attached its standard language. The schedule in 9 is suspended. Please file an agreed proposal or a joint report on the possible early discovery. Signed by Chief Judge D. P. Marshall Jr. on 7/31/2020. (jak)
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| Filing 24 BRIEF IN SUPPORT re #23 Motion for Discovery filed by All Plaintiffs. (Attachments: #1 Exhibit A - ADWS Subpoena for Documents, #2 Exhibit B - ADWS Subpoena for Deposition, #3 Exhibit C - ProTech 30(b)(6) Deposition Notice, #4 Exhibit D - Zimmerman Declaration)(Zimmerman, Thomas) |
| Filing 23 Emergency MOTION for Discovery (for Leave to Conduct Limited Expedited Discovery by All Plaintiffs (Zimmerman, Thomas) |
| Filing 22 SUPPLEMENT AND JOINDER to #3 Motion for Temporary Restraining Order and/or Preliminary Injunction filed by Samuel Acker, Phillip Davidson, Terry Morrow . (Attachments: #1 Exhibit C - Affidavit of Whitney, #2 Exhibit D - Affidavit of Peckham)(Zimmerman, Thomas)(Docket text modified on 7/31/2020 to correct the description of the document filed and to correct the linkage) (jak) |
| Filing 21 AMENDED COMPLAINT with Jury Demand against Protech Solutions Inc filed by Samuel Acker, Phillip Davidson, Terry Morrow(Zimmerman, Thomas) (Docket text modified on 8/3/2020 to indicate the document is filed against Defendant.) (thd). |
| Filing 20 BRIEF IN SUPPORT re #19 Motion to Quash filed by Protech Solutions Inc. (Phillips, James) |
| Filing 19 Emergency MOTION to Quash and to Shorten Response Time by Protech Solutions Inc (Attachments: #1 Notice of Deposition)(Phillips, James) |
| NOTICE OF DOCKET CORRECTION re #22 Addendum. CORRECTION: The docket text was modified to correct the linkage and to correct the description of the document filed as "SUPPLEMENT AND JOINDER to #3 Motion for Temporary Restraining Order and/or Preliminary Injunction" as marked on the document. (jak) |
| Filing 18 NOTICE by All Plaintiffs to Serve Subpoena to Third Party (Attachments: #1 Subpoena to Testify at a Deposition)(Zimmerman, Thomas) |
| Filing 17 NOTICE by All Plaintiffs to Serve Subpoena to Third Party (Attachments: #1 Subpoena to Produce Documents)(Zimmerman, Thomas) |
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Stipulation, Doc. #14 , noted. Motion for class certification, Doc. #4 , withdrawn without prejudice. Right to refile, and all defenses, preserved. Unopposed motion for appointment of interim class counsel, Doc. #5 , granted. Proposed counsel are experienced lawyers, have extensive knowledge of complex cases like this one, have the resources necessary for prosecuting this case, and have already done heavy lifting on it. Fed. R. Civ. P. 23(g)(1)(A). Signed by Chief Judge D. P. Marshall Jr. on 7/30/2020. (slb)
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| Filing 15 MOTION for Leave to Appear pro hac vice by Marc E. Dann. Fee $100 receipt number AAREDC-3761554. Filed by All Plaintiffs (Attachments: #1 Exhibit, #2 Exhibit)(Calhoun, Bart) |
| Filing 14 STIPULATION Regarding Plaintiffs' Motion for Class Certification, and Motion for Appointment of Interim Class Counsel by Samuel Acker, Phillip Davidson, Terry Morrow. (Attachments: #1 Proposed Order Granting Withdrawal of Pltfs' Mot for Class Cert, #2 Proposed Order Appointing Interim Class Counsel)(Zimmerman, Thomas) |
| Filing 13 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order filed by Protech Solutions Inc. (Attachments: #1 Declaration of Kenneth French)(Phillips, James) |
| Filing 12 NOTICE of Appearance by Thomas A. Zimmerman, Jr on behalf of All Plaintiffs (Zimmerman, Thomas) |
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Filing 11
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. #10 , granted. Mr. Thomas A. Zimmerman, Jr. is admitted pro hac vice. Signed by Chief Judge D. P. Marshall Jr. on 7/24/2020. (slb)
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| Filing 10 MOTION for Leave to Appear pro hac vice by Thomas A. Zimmerman, Jr.. Fee $100 receipt number AAREDC-3756934. Filed by All Plaintiffs (Attachments: #1 Affidavit)(Calhoun, Bart) |
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: New case noted. Embedded motion for a TRO, Doc. #3 , denied without prejudice as moot based on notice. Protech must respond (ten-page limit) to the request for a preliminary injuction by 29 July 2020. Reply (five-page limit) due by 5 August 2020. The Court would also appreciate pointed arguments about subject matter jurisdiction. E.g., Hargett v. RevClaims, LLC, 854 F.3d 962, 965 (8th Cir. 2017). Simultaneous separate briefs (ten-page limit) on jurisdiction due on 5 August 2020. Signed by Chief Judge D. P. Marshall Jr. on 7/22/2020. (slb)
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| Filing 8 NOTICE of Appearance by Jimmie Samuel Patterson on behalf of Protech Solutions Inc (Patterson, Jimmie) |
| Filing 7 NOTICE of Appearance by Guy W. Murphy, Jr on behalf of Protech Solutions Inc (Murphy, Guy) |
| Filing 6 NOTICE of Appearance by James Lloyd Phillips, III on behalf of Protech Solutions Inc (Phillips, James) |
| Filing 5 MOTION for Appointment of Interim Class Counsel by Samuel Acker, Phillip Davidson, Terry Morrow. (ajt) |
| Filing 4 MOTION for Class Certification and Incorporated Brief in Support by Samuel Acker, Phillip Davidson, Terry Morrow. (ajt) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order and/or Preliminary Injunction by Samuel Acker, Phillip Davidson, Terry Morrow. (ajt) |
| Filing 2 CLASS ACTION COMPLAINT FOR DAMAGES with Jury Demand against Protech Solutions Inc filed by Samuel Acker, Phillip Davidson, Terry Morrow.(ajt) |
| Filing 1 NOTICE OF REMOVAL by Protech Solutions Inc from Pulaski County Circuit Court, case number 60CV-20-3858. Fee $400 paid, receipt number LIT078171. (Attachments: #1 Civil Cover Sheet)(ajt) |
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