BARRIENTOS ET AL V. AMERIGAL CONSTRUCTION CO. INC. et al
| Josue Barrientos, Enrique Garcia, Fidel Hernandez and Oscar Noe Martinez |
| Amerigal Construction Co. Inc., Luis Ezequiel, CAPITOL PAVING OF D.C., INC. and FORT MYER CONSTRUCTION CORP. |
| 1:2022cv02618 |
| August 30, 2022 |
| US District Court for the District of Columbia |
| Tanya S Chutkan |
| Zia M Faruqui |
| 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 September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ORDER: Adopting #37 Report and Recommendation; denying #25 Defendant Fort Myer Construction Corporation's Motion to Dismiss. Signed by Judge Tanya S. Chutkan on 09/28/2023. (lcd)
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| Filing 37 REPORT AND RECOMMENDATION regarding Motion to Dismiss #25 . Signed by Magistrate Judge Zia M. Faruqui on 9/10/23. (lcia) |
| Filing 36 MOTION to Certify Class Collective Action under the FLSA and the D.C. Wage Laws (Renewed) by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Appendix A-1 Proposed Notice of Collective Action, #4 Appendix A-2 Spanish-language Proposed Notice of Collective Action, #5 Appendix B-1 Proposed Consent to Join Form, #6 Appendix B-2 Spanish-language Proposed Consent to Join Form, #7 Appendix C - Declaration of Josue Barrientos, #8 Appendix D - Declaration of Enrique Garcia, #9 Appendix E - Declaration of Fidel Hernandez, #10 Appendix F - Declaration of Oscar Martinez, #11 Appendix G - Declaration of Emma Sullivan regarding Spanish translation)(Hanna, Mark) |
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MINUTE ORDER finding as moot #5 Motion to Certify Class Collective Action under the FLSA and the D.C. Wage Laws without prejudice to refiling. On August 30, 2022 Plaintiffs filed their original Complaint. On October 11, 2022, Plaintiffs filed their motion for conditional certification of a class collective action. On November 7, 2022 Plaintiffs filed their Amended Complaint as the class certification motion was pending. Subsequent Amended Complaints may moot collective action certification motions by changing the definition of the collective. See Min. Order (May 21, 2018), Meyer v. Panera Bread Co., No. 17-cv-2565, 344 F. Supp. 3d 193 (D.D.C. 2018). See also Lytle v. Lowes Home Ctrs., Inc., No. 12-cv-1848, 2014 WL 103463, at *6 (M.D. Fla. Jan. 10, 2014) (denying as moot Motion for Conditional Certification after the filing of an Amended Complaint to promote accuracy and clarity of the record). Plaintiffs may renew their Motion to Certify Class Collective Action and clarify, in light of the Amended Complaint, the definition of the FLSA Collective. Signed by Magistrate Judge Zia M. Faruqui on 6/23/23. (lcia)
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| CASE RANDOMLY REFERRED to Magistrate Judge Zia M. Faruqui for full case management. (ztnr) |
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MINUTE ORDER OF REFERRAL TO MAGISTRATE JUDGE: The Court has determined that this action should be referred to a Magistrate Judge for full case management up to and including issuance of a Report and Recommendation on any dispositive motions but excluding trial. Accordingly, it is hereby ORDERED that this matter is referred to a Magistrate Judge, beginning immediately; the Magistrate Judge will be randomly assigned by the Clerk's Office; and it is FURTHER ORDERED that any future filings related to this matter shall have the initials of the presiding judge and the Magistrate Judge following the case number in the caption. The parties are further reminded that, by statute, 28 U.S.C. 636(c), Fed. R. Civ. P. 73 and Local Civil Rule 73.1, they may consent to referral of this action to a Magistrate Judge for all purposes, including trial, mediation, and settlement negotiations. Signed by Judge Tanya S. Chutkan on 04/11/2023. (lcss)
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| Filing 35 REPLY to opposition to motion re #32 MOTION for Relief for Relief Restraining Ex Parte Solicitation of Releases and for Corrective Notice filed by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ. (Hanna, Mark) Modified on 2/8/2023 to add docket link (zjm). |
| Filing 34 Memorandum in opposition to re #32 Motion for Miscellaneous Relief,, Defendants Opposition filed by AMERIGAL CONSTRUCTION CO. INC.. (Attachments: #1 Text of Proposed Order Defendants Proposed Order, #2 Appendix Declaration of Liliana Bravo, #3 Appendix Declaration of Janery Francisco, #4 Appendix Declaration of Manuel R. Geraldo, Esq.)(Geraldo, Manuel) |
| RESOLVED...NOTICE of Provisional/Government Not Certified Status re #32 MOTION for Relief Restraining Ex Parte Solicitation of Releases and for Corrective Notice by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ. (Attachments: # 1 Text of Proposed Order, # 2 Appendix A - Declaration of Alberto Jose Aguilar Arias, # 3 Appendix B - Declaration of Cisto Nieto, # 4 Appendix C - Declaration of Fidel Hernandez, # 5 Appendix D - Declaration of Attorney Mark Hanna, # 6 Appendix E - Declaration of Emma Sullivan regarding Spanish translation)(Hanna, Mark).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/1/2023. (zbaj) Modified on 1/27/2023 (zbaj). |
| Filing 32 MOTION for Relief Restraining Ex Parte Solicitation of Releases and for Corrective Notice by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ. (Attachments: #1 Text of Proposed Order, #2 Appendix A - Declaration of Alberto Jose Aguilar Arias, #3 Appendix B - Declaration of Cisto Nieto, #4 Appendix C - Declaration of Fidel Hernandez, #5 Appendix D - Declaration of Attorney Mark Hanna, #6 Appendix E - Declaration of Emma Sullivan regarding Spanish translation)(Hanna, Mark) |
| Filing 31 NOTICE of Filing Consent to Join Action by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ (Attachments: #1 Exhibit A - Signed Consent to Join)(Hanna, Mark) |
| Filing 30 ANSWER to Crossclaim #26 by AMERIGAL CONSTRUCTION CO. INC..(Geraldo, Manuel) |
| Filing 29 REPLY to opposition to motion re #25 MOTION to Dismiss filed by FORT MYER CONSTRUCTION CORP.. (Postillion, Nathan) Modified on 12/20/2022 (zjm). |
| Filing 28 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAPITOL PAVING OF D.C., INC. (Bassan, Andrew) |
| Filing 27 Memorandum in opposition to re #25 Motion to Dismiss/Lack of Jurisdiction, filed by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ. (Mendoza, Nicolas) |
| Filing 26 CROSSCLAIM against AMERIGAL CONSTRUCTION CO. INC., LUIS EZEQUIEL filed by CAPITOL PAVING OF D.C., INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Bassan, Andrew) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss by FORT MYER CONSTRUCTION CORP.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Postillion, Nathan) |
| Filing 24 NOTICE of Appearance by Nathan J. Postillion on behalf of FORT MYER CONSTRUCTION CORP. (Postillion, Nathan) |
| Filing 23 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FORT MYER CONSTRUCTION CORP. (Emig, Gerard) |
| Filing 22 NOTICE of Appearance by Gerard John Emig on behalf of FORT MYER CONSTRUCTION CORP. (Emig, Gerard) |
| Filing 21 ANSWER to #14 Amended Complaint by AMERIGAL CONSTRUCTION CO. INC., LUIS EZEQUIEL.(Geraldo, Manuel) |
| Filing 20 ANSWER to #14 Amended Complaint by CAPITOL PAVING OF D.C., INC..(Bassan, Andrew) |
| Filing 19 NOTICE of Appearance by Manuel Robert Geraldo on behalf of AMERIGAL CONSTRUCTION CO. INC. (Geraldo, Manuel) |
| Filing 18 NOTICE that Defendants Do Not Oppose Plaintiffs' Motion for Collective Action Certification by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ re #5 Motion to Certify Class,,, (Mendoza, Nicolas) |
| Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FORT MYER CONSTRUCTION CORP. served on 11/8/2022, answer due 11/29/2022 (Mendoza, Nicolas) |
| Filing 16 SUMMONS (1) Issued Electronically as to FORT MYER CONSTRUCTION CORP.. (Attachment: #1 Notice and Consent)(zjm) |
| Filing 15 NOTICE of Withdrawal of Opposition to Plaintiffs' Motion for Certification of Collective Action by CAPITOL PAVING OF D.C., INC. re #12 Response to motion, (Bassan, Andrew) |
| Filing 14 AMENDED COMPLAINT against All Defendants with Jury Demand filed by JOSUE BARRIENTOS, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ, ENRIQUE GARCIA. (Attachments: #1 Summons Proposed Summons to Fort Myer Construction Corp.)(Mendoza, Nicolas) |
| Filing 13 NOTICE of Appearance by Andrew Bassan, I on behalf of CAPITOL PAVING OF D.C., INC. (Bassan, Andrew) |
| Filing 12 WITHDRAWN PURSUANT TO NOTICE FILED 11/07/2022.....RESPONSE re #5 MOTION to Certify Class Collective Action under the FLSA and the D.C. Wage Laws filed by CAPITOL PAVING OF D.C., INC.. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Bassan, Andrew) Modified on 11/8/2022 (zjm). |
| Filing 11 NOTICE of Filing Consents to Join Action by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ (Attachments: #1 Exhibit A - Consent to Join Form (English), #2 Exhibit B - Signed Consents to Join, #3 Affidavit Declaration of Emma Sullivan on Spanish Translation)(Mendoza, Nicolas) |
| Filing 10 ANSWER to Complaint with Jury Demand by CAPITOL PAVING OF D.C., INC..(Bassan, Andrew) |
| Filing 9 STIPULATION of Plaintiffs by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ. (Mendoza, Nicolas) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AMERIGAL CONSTRUCTION CO. INC. served on 10/13/2022, answer due 11/3/2022 (Mendoza, Nicolas) |
| Filing 7 NOTICE of Appearance by Mark Hanna on behalf of All Plaintiffs (Hanna, Mark) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LUIS EZEQUIEL served on 10/8/2022, answer due 10/29/2022 (Mendoza, Nicolas) |
| Filing 5 MOTION to Certify Class Collective Action under the FLSA and the D.C. Wage Laws by JOSUE BARRIENTOS, ENRIQUE GARCIA, FIDEL HERNANDEZ, OSCAR NOE MARTINEZ. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Appendix A-1 Proposed Notice of Collective Action, #4 Appendix A-2 Spanish-language Proposed Notice of Collective Action, #5 Appendix B-1 Proposed Consent to Join Form, #6 Appendix B-2 Spanish-language Proposed Consent to Join Form, #7 Appendix C - Declaration of Josue Barrientos, #8 Appendix D - Declaration of Enrique Garcia, #9 Appendix E - Declaration of Fidel Hernandez, #10 Appendix F - Declaration of Oscar Martinez, #11 Appendix G - Declaration of Emma Sullivan regarding Spanish translation)(Mendoza, Nicolas) |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CAPITOL PAVING OF D.C., INC. served on 9/20/2022, answer due 10/11/2022 (Mendoza, Nicolas) |
| Filing 3 NOTICE of Appearance by Arlus Jeremiah Stephens on behalf of All Plaintiffs (Stephens, Arlus) |
| Filing 2 SUMMONS (3) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(zmrl) |
| Case Assigned to Judge Tanya S. Chutkan. (zmrl) |
| Filing 1 COMPLAINT against All Plaintiffs with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9480133) filed by Josue Barrientos, Fidel Hernandez, Oscar Noe Martinez, Enrique Garcia. (Attachments: #1 Civil Cover Sheet, #2 Summons Proposed Summons for Defendant Amerigal Construction Co. Inc., #3 Summons Proposed Summons for Luis Ezequiel, #4 Summons Proposed Summons for Capitol Paving of D.C. Inc.)(Mendoza, Nicolas) |
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