Coffey v. OK Foods Inc
| Landon Johnson and Clarissa Coffey |
| OK Foods Inc |
| 2:2021cv02200 |
| December 8, 2021 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
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Filing 96
JUDGMENT under the opinion and order entered in this case on this date, this matter is DISMISSED WITHOUT PREJUDICE. Signed by Honorable P. K. Holmes III on January 6, 2023. (mjm)
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Filing 95
OPINION AND ORDER granting #80 Motion for Summary Judgment. Judgment will be entered separately. Signed by Honorable P. K. Holmes III on January 6, 2023. (mjm)
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Filing 94
TEXT ONLY ORDER finding as moot #90 Motion for Extension of Time to File ; finding as moot #91 Motion in Limine. Signed by Honorable P. K. Holmes III on December 28, 2022. (jas)
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Filing 93
TEXT ONLY ORDER CANCELING Jury Trial set for January 9, 2023. The Jury Trial will be re-set following the ruling on the pending Motion for Summary Judgment. Signed by Honorable P. K. Holmes III on December 28, 2022. (jas)
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Filing 92
MEMORANDUM BRIEF in Support of #91 MOTION in Limine by OK Foods Inc. (Davis, Frederick)
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Filing 91
MOTION in Limine by OK Foods Inc. (Davis, Frederick)
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Filing 90
Unopposed MOTION for Extension of Time to File Pretrial Disclosures by Clarissa Coffey. (Federman, William)
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Filing 89
PRETRIAL DISCLOSURE SHEET by Clarissa Coffey. (Federman, William)
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Filing 88
PRETRIAL DISCLOSURE SHEET by OK Foods Inc. (Attachments: #1 Exhibit Stipulation regarding Authenticity of Documents)(Davis, Frederick)
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Filing 87
REPLY to Response to Motion re #80 MOTION for Summary Judgment Defendant's Reply in Support of Motion for Summary Judgment filed by OK Foods Inc. (Davis, Frederick)
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Filing 86
STATEMENT OF FACTS in support of #85 Response to Motion, by Clarissa Coffey. (Wells, Joshua)
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Filing 85
RESPONSE IN OPPOSITION TO Motion re #80 MOTION for Summary Judgment filed by Clarissa Coffey. (Attachments: #1 Affidavit Declaration of William B. Federman, #2 Exhibit 1 - Coffey Deposition Excerpts, #3 Exhibit 2 - OK Foods Employment Documents, #4 Exhibit 3 - Potts Deposition Excerpts)(Wells, Joshua)
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Filing 84
TEXT ONLY ORDER granting #83 Motion for Extension of Time to File Response/Reply. Plaintiff's deadline to respond to Defendant's motion for summary judgment is extended to December 2, 2022. Signed by Honorable P. K. Holmes III on November 17, 2022. (jch)
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Filing 83
Joint MOTION for Extension of Time to File Response/Reply as to #82 Statement of Facts, #80 MOTION for Summary Judgment , #81 Memorandum Brief in Support by Clarissa Coffey. (Federman, William)
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Filing 82
STATEMENT OF FACTS in support of #80 MOTION for Summary Judgment by OK Foods Inc. (Davis, Frederick)
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Filing 81
MEMORANDUM BRIEF in Support of #80 MOTION for Summary Judgment by OK Foods Inc. (Davis, Frederick)
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Filing 80
MOTION for Summary Judgment by OK Foods Inc. (Attachments: #1 Exhibit Declaration of Gary Potts, #2 Exhibit Deposition of Plaintiff Clarissa Coffey, #3 Exhibit Plaintiff Clarissa Coffey's Responses to Requests for Admission, #4 Exhibit Plaintiff Clarissa Coffey's Responses to Interrogatories)(Davis, Frederick)
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Filing 79
TEXT ONLY ORDER granting #78 Motion to Extend. The discovery deadline is extended to November 4, 2022, and the deadline for all motions except motions in limine is extended to November 11, 2022. All other deadlines remain unchanged. Signed by Honorable P. K. Holmes III on October 18, 2022. (jch)
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Filing 78
Joint MOTION to Extend Discovery Deadline and Motions Deadline by OK Foods Inc. (Davis, Frederick)
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Filing 77
TEXT ONLY ORDER re #76 Stipulation filed by Clarissa Coffey. All deadlines in the Court's final scheduling order (Doc. 69) remain in effect. If the parties wish for any of those deadlines to be extended, then they must file a motion for extension as required by section 9 of the final scheduling order. In the meantime, although the parties are free to conduct discovery past October 11, 2022 if they agree to do so, the Court will not resolve any disputes in the course of this extended discovery. See Doc. 69, p. 1. Signed by Honorable P. K. Holmes III on October 14, 2022. (jch)
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Filing 76
STIPULATION Regarding Extension of Time for Discovery by Clarissa Coffey. (Federman, William)
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Filing 75
PROTECTIVE ORDER. Signed by Honorable P. K. Holmes III on September 26, 2022. (jlm)
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Filing 74
OPINION AND ORDER granting #73 Motion for Protective Order. The Court will separately enter a revised protective order. Signed by Honorable P. K. Holmes III on September 26, 2022. (jlm)
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Filing 73
Joint MOTION for Protective Order by OK Foods Inc. (Attachments: #1 Exhibit Agreed Protective Order)(Davis, Frederick)
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Filing 72
NOTICE of Appearance by Joshua D. Wells on behalf of Clarissa Coffey. (Wells, Joshua)
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Filing 71
TEXT ONLY ORDER granting #70 Motion to Appear Pro Hac Vice. Joshua Daniel Wells is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on June 10, 2022. (jas)
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Filing 70
MOTION for Attorney Joshua Daniel Wells to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2606170) by Clarissa Coffey. (Attachments: #1 Exhibit EX A - Declaration of Wells, #2 Exhibit EX B - Good Standing)(Poynter, Scott)
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Filing 69
FINAL SCHEDULING ORDER, as set forth. Jury Trial RE-SET for 1/9/2023 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on June 6, 2022. (jas)
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Filing 68
NOTICE of Appearance by Philip Daniel Holland on behalf of All Plaintiffs. (Holland, Philip)
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Filing 67
JOINT REPORT of Rule 26(f) Planning Meeting by Clarissa Coffey. (Federman, William)
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Filing 66
INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 6/2/2022. Jury Trial set for 3/20/2023 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on April 26, 2022. (jas) (Main Document 66 replaced on 4/26/2022) (mjm).
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Filing 65
Defendant's ANSWER to #16 Amended Complaint by OK Foods Inc.(Davis, Frederick)
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Filing 64
ORDER that the Court, having reviewed Plaintiffs brief and jurisdictional allegations in the amended Complaint, finds it has subject matter jurisdiction. Defendant's answer is due 4/25/2022. Signed by Honorable P. K. Holmes III on April 18, 2022. (jlm) Modified text on 4/19/2022 (hnc).
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Filing 63
NOTICE of Appearance by Gregory Haroutunian on behalf of Clarissa Coffey. (Haroutunian, Gregory)
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Filing 62
TEXT ONLY ORDER granting #61 Motion to Appear Pro Hac Vice. Gregory Haroutunian is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on April 14, 2022. (jas)
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Filing 61
MOTION for Attorney Gregory Haroutunian to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2576150) by Clarissa Coffey. (Attachments: #1 Exhibit A - Declaration of Haroutunian, #2 Exhibit B - Certificate of Good Standing)(Poynter, Scott)
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Filing 60
RESPONSE by Clarissa Coffey re #56 Order, Re: Subject Matter Jurisdiction. (Federman, William)
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Filing 59
NOTICE of Appearance by Michael Anderson Berry on behalf of Clarissa Coffey. (Berry, Michael)
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Filing 58
TEXT ONLY ORDER granting #57 Motion for Extension of Time to Answer. OK Foods, Inc.'s answer is due five days after the Court enters an order confirming subject matter jurisdiction. Signed by Honorable P. K. Holmes III on March 16, 2022. (mer)
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Filing 57
Unopposed MOTION for Extension of Time to File Answer re #16 Amended Complaint by OK Foods Inc. (Davis, Frederick)
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Filing 56
ORDER entered that Plaintiffs subject matter jurisdiction briefing is due April 13, 2022. An initial scheduling order will be entered after the Courts subject matter jurisdiction concerns are addressed. Signed by Honorable P. K. Holmes III on March 14, 2022. (jlm)
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Filing 55
OPINION AND ORDER denying #48 Motion to Dismiss for Failure to State and Motion to Dismiss for Lack of Jurisdiction; Further, denying #21 Motion to Dismiss. See Order for specifics. Signed by Honorable P. K. Holmes III on March 10, 2022. (jlm)
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Filing 54
REPLY to Response to Motion re #48 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by OK Foods Inc. (Davis, Frederick)
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Filing 53
TEXT ONLY ORDER granting #52 Motion for Leave to File a Reply. Defendant's reply due March 8, 2022. Signed by Honorable P. K. Holmes III on March 2, 2022. (mer)
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Filing 52
Unopposed MOTION for Leave to File Reply in Support of Motion to Dismiss by OK Foods Inc. (Davis, Frederick)
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Filing 51
RESPONSE IN OPPOSITION TO Motion re #48 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Clarissa Coffey, Landon Johnson. (Poynter, Scott)
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Filing 50
NOTICE of Appearance by Scott E. Poynter on behalf of All Plaintiffs. (Poynter, Scott)
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Filing 49
MEMORANDUM BRIEF in Support of #48 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by OK Foods Inc. (Davis, Frederick)
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Filing 48
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by OK Foods Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Davis, Frederick)
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Filing 47
Mail Returned as Undeliverable marked Return to Sender. Mail originally sent to William B. Federman at Federman & Sherwood 120 N. Robinson Suite 2720 Oklahoma City, OK 73102 including Clerk's Notice Regarding Attorney Registration, #38 Magistrate Notice/Consent Form, #37 Case Transferred In - District Transfer. No new address available. (jlm)
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Filing 46
TEXT ONLY ORDER granting #40 Motion to Withdraw as Attorney. Attorney Leslie B. Stewart withdrawn, and the Clerk of Court is directed to remove her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable P. K. Holmes III on December 15, 2021. (jas)
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Filing 45
TEXT ONLY ORDER granting #39 Motion to Withdraw as Attorney. Attorney Niki T. Cung withdrawn, and the Clerk of Court is directed to remove her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable P. K. Holmes III on December 15, 2021. (jas)
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Filing 44
TEXT ONLY ORDER granting #42 Motion to Appear Pro Hac Vice. Aaron Myers appearing for Defendant. Signed by Honorable P. K. Holmes III on December 15, 2021. (jas)
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Filing 43
TEXT ONLY ORDER granting #41 Motion to Appear Pro Hac Vice. K. Jon Breyer appearing for Defendant. Signed by Honorable P. K. Holmes III on December 15, 2021. (jas)
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Filing 42
MOTION for Attorney Aaron Myers to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2511261) by OK Foods Inc. (Davis, Frederick)
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Filing 41
MOTION for Attorney K. Jon Breyer to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2511258) by OK Foods Inc. (Davis, Frederick)
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Filing 40
MOTION of Leslie Stewart to Withdraw as Attorney by OK Foods Inc. (Davis, Frederick)
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Filing 39
MOTION of Niki Cung to Withdraw as Attorney by OK Foods Inc. (Davis, Frederick)
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Filing 38
Magistrate Notice/Consent Form. (mjm)
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Filing 37
Case transferred in from District of Oklahoma Western; Case Number 5:21-cv-00561. Docket sheet received.
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Filing 36
ORDER ~ The Court TRANSFERS this case to the United States District Court for the Western District of Arkansas; As more fully set out in the Order. Signed by Judge Bernard M. Jones on 12/8/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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TEXT ONLY CLERK'S NOTICE: The following attorney listed on Response/Reply - Miscellaneous, #30 , Case Transferred In - District Transfer #37 is not registered for CM/ECF noticing and filing in the Western District of Arkansas:William B. Federman. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (mjm)
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Filing 35
RESPONSE to Plaintiff's Brief Opposing Transfer of Venue filed by OK Foods Inc. (Breyer, K) [Transferred from okwd on 12/8/2021.]
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Filing 34
ORDER ~ Pursuant to the Court's October 29, 2021 Order, the parties have filed their briefs regarding the transfer of venue issue. The parties may, but are not required to, file a response to the opposing party's brief. Any response shall be filed by December 6, 2021. Signed by Judge Bernard M. Jones on 11/18/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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Filing 33
DECLARATION by OK Foods Inc re #31 Memorandum in Support of Rhonda Taylor. (Breyer, K) [Transferred from okwd on 12/8/2021.]
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Filing 32
DECLARATION by OK Foods Inc of K. Jon Breyer. (Breyer, K) [Transferred from okwd on 12/8/2021.]
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Filing 31
MEMORANDUM in Support re #28 Order, Terminate Hearings,,,, Brief in Support of Request to Transfer Venue filed by OK Foods Inc. (Breyer, K) [Transferred from okwd on 12/8/2021.]
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Filing 30
RESPONSE re #28 Order, Terminate Hearings,,,, Plaintiff's Brief Opposing Transfer of Venue filed by Clarissa Coffey(on behalf of all similarly situated persons), Clarissa Coffey(individually). (Federman, William) [Transferred from okwd on 12/8/2021.]
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Filing 29
ENTRY of Appearance by D. Colby Addison on behalf of Clarissa Coffey(on behalf of all similarly situated persons), Clarissa Coffey(individually) (Addison, D. Colby) [Transferred from okwd on 12/8/2021.]
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Filing 28
ORDER ~ On October 27, 2021, the Court set an evidentiary hearing in this case to address certain issues raised in Defendant's motion to dismiss. Based upon the issues to be addressed at the hearing, Plaintiff Clarissa Coffey, who is a resident of Arkansas, would need to testify at the hearing. the Court STRIKES the hearing set on November 9, 2021 and ORDERS the parties to brief the transfer of venue issue. Said briefs or a joint motion to transfer venue shall be filed by November 15, 2021. Signed by Judge Bernard M. Jones on 10/29/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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Filing 27
ENTRY of Appearance by Aaron A Myers on behalf of OK Foods Inc (Myers, Aaron) [Transferred from okwd on 12/8/2021.]
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Filing 26
ORDER SETTING HEARING ~ The Court finds there are fact questions as to whether Plaintiff received a copy of the arbitration agreement, whether she signed the agreement, and whether the payment of the filing fees for arbitration would be prohibitively expensive for Plaintiff. Accordingly, the Court SETS this matter for hearing on Tuesday, November 9, 2021 at 1:30 p.m. in Courtroom 303 before Judge Bernard M. Jones. Signed by Judge Bernard M. Jones on 10/27/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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Filing 25
REPLY by Defendant OK Foods Inc re #22 Response in Opposition to Motion, filed by OK Foods Inc. (Attachments: #1 Exhibit Declaration of Christine Terry)(Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 24
ENTRY of Appearance by K Jon Breyer on behalf of OK Foods Inc (Breyer, K) [Transferred from okwd on 12/8/2021.]
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Filing 23
ENTRY of Appearance by Frederick H Davis on behalf of OK Foods Inc (Davis, Frederick) [Transferred from okwd on 12/8/2021.]
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Filing 22
RESPONSE in Opposition re #21 MOTION to Dismiss and Brief in Support of Motion filed by Clarissa Coffey(on behalf of all similarly situated persons), Clarissa Coffey(individually). (Attachments: #1 Exhibit 1 - Coffey Declaration)(Federman, William) [Transferred from okwd on 12/8/2021.]
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Filing 21
MOTION to Dismiss and Brief in Support of Motion by OK Foods Inc. (Attachments: #1 Exhibit 1 - Declaration of Christine Terry)(Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 20
ENTRY of Appearance by M Anderson Berry on behalf of All Plaintiffs (Berry, M) [Transferred from okwd on 12/8/2021.]
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Filing 19
ORDER re #10 Motion to Dismiss for Lack of Jurisdiction. Because the First Amended Class Action Complaint has been filed, the Court FINDS Defendant's Motion to Dismiss is now MOOT. Signed by Honorable Bernard M. Jones on 7/30/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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Filing 18
ENTRY of Appearance by Leslie B Stewart on behalf of OK Foods Inc (Stewart, Leslie) [Transferred from okwd on 12/8/2021.]
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Filing 17
NOTICE of Voluntary Dismissal by Landon Johnson(on behalf of all similarly situated persons), Landon Johnson(individually) (Federman, William) [Transferred from okwd on 12/8/2021.]
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Filing 16
AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit 1-Johnson Notice Letter, #2 Exhibit 2-Coffey Notice Letter)(Federman, William) [Transferred from okwd on 12/8/2021.]
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Filing 15
ORDER ~ Granting #11 , #12 , #13 Motions to Appear. Aaron Myers, Frederick Davis, and Jon Breyer are hereby admitted to practice before this Court for the limited purpose of participating in this case, provided counsel file entries of appearance. Signed by Honorable Bernard M. Jones on 7/29/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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Filing 14
Receipt for Money Received from OK Foods Inc in the amount of $50.00, receipt number OKW500086510 regarding #11 MOTION for Leave to Appear Pro Hac Vice (knt) [Transferred from okwd on 12/8/2021.]
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Filing 13
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number AOKWDC-3731338 by OK Foods Inc. (Attachments: #1 Exhibit A - Request for Admission Pro Hac Vice)(Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 12
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number AOKWDC-3731333 by OK Foods Inc. (Attachments: #1 Exhibit A - Request for Admission Pro Hac Vice)(Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 11
MOTION for Leave to Appear Pro Hac Vice by OK Foods Inc. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 10
MOTION to Dismiss for Lack of Jurisdiction by OK Foods Inc. (Attachments: #1 Exhibit Declaration of Christine Terry)(Cung, Niki) (Attachment 1 replaced on 7/16/2021) (dtb). [Transferred from okwd on 12/8/2021.]
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Filing 9
ORDER ~ Granting #8 Motion for Extension of Time to File Responsive Pleading. Defendant shall answer or otherwise respond to Plaintiffs Complaint by July 16, 2021. Signed by Honorable Bernard M. Jones on 6/28/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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Filing 8
UNOPPOSED MOTION for Extension of Time to File Responsive Pleading by OK Foods Inc. (Attachments: #1 Exhibit 1)(Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 7
DISCLOSURE STATEMENT - CORPORATE by OK Foods Inc . (Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 6
ENTRY of Appearance by Niki T Cung on behalf of OK Foods Inc (Cung, Niki) [Transferred from okwd on 12/8/2021.]
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Filing 5
ORDER ~ Granting #4 Motion to Appear Pro Hac Vice. M. Anderson Berry is hereby admitted to practice before this Court for the limited purpose of participating in this case, provided counsel files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Bernard M. Jones on 6/15/2021. (dwl) [Transferred from okwd on 12/8/2021.]
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Filing 4
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number AOKWDC-3703160 by All Plaintiffs. (Attachments: #1 Attachment Request for Admission Pro Hac Vice, #2 Attachment Certificate of Good Standing)(Federman, William) [Transferred from okwd on 12/8/2021.]
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Filing 3
AFFIDAVIT of Service for Complanit and Summons served on O.K. Foods, Inc. on 06/04/2021, filed by Plaintiffs Landon Johnson, Landon Johnson. (Federman, William) [Transferred from okwd on 12/8/2021.]
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Filing 2
Summons Issued Electronically as to OK Foods Inc. (knt) [Transferred from okwd on 12/8/2021.]
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PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3695875. (Federman, William) [Transferred from okwd on 12/8/2021.]
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Filing 1
COMPLAINT against OK Foods Inc filed by Landon Johnson(individually), Landon Johnson(on behalf of all similarly situated persons). (Attachments: #1 Exhibit 1 - Letter from OK Foods Inc, #2 Civil Cover Sheet)(knt) [Transferred from okwd on 12/8/2021.]
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