Austin v. Finishline Express LLC et al
| Dwayne Austin |
| Finishline Express LLC and DHL Express (USA) Inc. Doing business as DHL Express |
| 2:2021cv02100 |
| November 12, 2021 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Kimberly J Mueller |
| 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 March 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/27/2023: This action is DISMISSED, with prejudice, as to Plaintiff Dwayne Austin, and without prejudice as to the putative class members Plaintiff sought to represent in this instant action as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and the Stipulation to Dismiss Action, ECF No. #27 . Accordingly, this case is CLOSED with each party to bear its own costs and fees. (Text Only Entry) (Schultz, C) |
| Filing 27 STIPULATION and PROPOSED ORDER to Dismiss Action by Finishline Express LLC. (Tate, Ace) |
| Filing 26 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/15/2023: In light of the additional time needed by the parties to finalize and memorialize their settlement agreement, the parties' Stipulated Request for Extension of Time, ECF No. #25 , is GRANTED nunc pro tunc to 3/14/2023. Accordingly, the deadline for filing Dispositional Documents is EXTENDED to 3/28/2023. (Text Only Entry) (Schultz, C) |
| Filing 25 STIPULATION and PROPOSED ORDER for extension of time to file dispositional documents by Finishline Express LLC. (Tate, Ace) |
| Filing 24 MINUTE ORDER issued by Courtroom Deputy E. Argento for Chief District Judge Kimberly J. Mueller on 01/19/2023: Pursuant to the parties representations, the court has determined this case has settled. See ECF No. #23 . Dispositional documents shall be filed no later than 3/14/2023. Accordingly, all previously set deadlines/hearings are VACATED. (Text Only Entry) (Argento, E.) |
| Filing 23 NOTICE of SETTLEMENT by Finishline Express LLC. Dispositional Docs due by 2/27/2023. (Iler, Amanda) |
Filing 22
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/22/2022 TOLLING the statute of limitations on potential wage claims for the Parties and Class Members to 01/17/2023. Defendants' Response to Complaint due by 01/17/2023. The scheduling conference set for 01/19/2023 is VACATED and RESET for 3/23/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Joint Status Reports due 14 days prior. (Spichka, K.)
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| Filing 21 ANSWER with Jury Demand by DHL Express (USA) Inc..(Schoonmaker, Linda) |
| Filing 20 STIPULATION and PROPOSED ORDER for Further Extend Tolling and Deadline to Respond to Plaintiff's Complaint and Reset Status Conference by Finishline Express LLC. (Tate, Ace) |
| Filing 19 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 10/25/2022 GRANTING #15 Application for Pro Hac Vice. Added attorney Linda C. Schoonmaker, PHV for DHL Express (USA) Inc. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Spichka, K.) |
| Filing 18 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 10/26/2022: In light of the Order, filed at ECF No. #17 , the Status (Pretrial Scheduling) Conference set for 11/3/2022 is RESET for 1/19/2023 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file a Joint Status Report no less than fourteen (14) days prior to the new date of the Status Conference. The January Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry)(Schultz, C) |
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Filing 17
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/25/2022 ORDERING the statute of limitations on potential wage claims shall be tolled for the Parties and Class Members. The deadline for Defendants' to Respond to Plaintiff's Complaint is 12/16/2022. (Rodriguez, E)
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| Filing 16 JOINT STATUS REPORT; STIPULATION and PROPOSED ORDER by Finishline Express LLC. (Iler, Amanda) Modified on 10/20/2022 (Kaminski, H). |
| Filing 15 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by DHL Express (USA) Inc. for attorney Linda C. Schoonmaker to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10473559) (Attachments: #1 Certificate of Good Standing)(Ebsworth, Phillip) Modified on 10/13/2022 (Rodriguez, E). |
| Filing 14 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 10/12/2022: The court is in receipt of Attorney, Linda Schoonmaker's, Pro Hac Vice Application, ECF No. #13 . The Application is DENIED due to noncompliance with Local Rule 180(b)(2)(i). (Text Only Entry)(Schultz, C) |
| Filing 13 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by DHL Express (USA) Inc. for attorney Linda Schoonmaker to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10473559) (Ebsworth, Phillip) |
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Filing 12
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/2/2022 CONTINUING the proceeding shall be STAYED until 9/2/2022. All deadlines and statute of limitations on potential wage claims shall be tolled for the Parties and Class Members until 30 days after the end of the Stay Period. The deadline for Defendants to file their responses to Plaintiff's Complaint is EXTENDED to 30 days after the end of the tolling period. The Initial Scheduling Conference set for 8/24/2022 is VACATED and RESETfor 11/3/2022 at 2:30 p.m., with the filing of a joint status report due 14days prior.(Perdue, C.)
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| Filing 11 STIPULATION and PROPOSED ORDER for Continue of Stay of Case Pending Alternative Dispute Resolution and Tolling by Dwayne Austin. (Piazza, Alexandra) |
| Filing 10 NOTICE of APPEARANCE by Phillip James Ebsworth on behalf of DHL Express (USA) Inc.. Attorney Ebsworth, Phillip James added. (Ebsworth, Phillip) |
| Filing 9 NOTICE of APPEARANCE by Alexandra K. Piazza on behalf of Dwayne Austin. Attorney Piazza, Alexandra K. added. (Piazza, Alexandra) |
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Filing 8
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 1/19/2022 STAYING the proceedings until 5/31/2022; TOLLING all deadlines and statutes of limitations on potential wage claims for the Parties and Class Members until 30 days after completion of mediation; EXTENDING the deadline for Defendants to file their responses to the Complaint to 30 days after the end of the tolling period; RESETTING the Initial Scheduling Conference to 8/25/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller with the filing of a joint status report due 14 days prior. (Coll, A)
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| Filing 7 NOTICE of APPEARANCE by Ace Thomas Tate on behalf of Finishline Express LLC. Attorney Tate, Ace Thomas added. (Tate, Ace) |
| Filing 6 STIPULATION and PROPOSED ORDER for to Stay Case Pending Alternative Dispute Resolution and Tolling by Dwayne Austin. (Rios, Sophia) |
| Filing 5 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Finishline Express LLC on 11/22/2021. (Rios, Sophia) |
| Filing 4 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to DHL Express (USA) Inc. on 11/22/2021. (Rios, Sophia) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/24/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Reader, L) |
| Filing 2 SUMMONS ISSUED as to *DHL Express (USA) Inc., Finishline Express LLC* with answer to complaint due within *21* days. Attorney *Sophia Rios* *Berger Montague, PC* *401 B Street, Suite 2000* *San Diego, California 92101*. (Reader, L) |
| Filing 1 COMPLAINT against All Defendants by Dwayne Austin. Attorney Rios, Sophia added. (Filing fee $ 402, receipt number ACAEDC-9925086) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Rios, Sophia) |
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