Mejia et al v. The Commercial Driver's License School Inc. et al
| Andre Mejia and Chris Kertesz |
| Michael Hanley, Albert V. Hanley, III and The Commercial Driver's License School Inc. |
| 1:2020cv20575 |
| February 7, 2020 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Telephonic Settlement Conference held on 4/2/2020. The Parties have reached an impasse in this matter. Attorney Appearance(s): Phillip M. Hudson, III, Kevin Eugene Vance, Jake Slome Blumstein. (dgj) Modified on 4/3/2020 (dgj). |
| Filing 43 NOTICE of Acceptance with Offer of Judgment by Chris Kertesz PLAINTIFF CHRIS KERTESZ' NOTICE OF ACCEPTANCE OF COMMERCIAL DRIVER'S LICENSE SCHOOL INC.'S AND ALBERT V. HANLEY III'S OFFER OF JUDGMENT (Attachments: #1 Exhibit A - Offer of Judgment to Chris Kertesz) (Richards, Jordan) |
| Filing 42 NOTICE of Acceptance with Offer of Judgment by Andre Mejia PLAINTIFF ANDRE MEJIA'S ACCEPTANCE OF COMMERCIAL DRIVER'S LICENSE SCHOOL INC.'S AND ALBERT V. HANLEY III'S OFFER OF JUDGMENT (Attachments: #1 Exhibit A - Offer of Judgment to Andre Mejia) (Richards, Jordan) |
| Filing 41 NOTICE by Albert V. Hanley, III, The Commercial Driver's License School Inc. of Mootness (Swing, Morgan) |
Filing 40
PAPERLESS ORDER. THIS CAUSE came before the Court for a Telephonic Status Conference. ECF No. 37 , 38 . This Order memorializes the rulings from that hearing. (1) The Court heard Plaintiffs Motion to Compel Defendant Michael Hanley's Compliance with D.E. 4. ECF No. #36 . Upon consideration of Plaintiffs Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs Motion, ECF No. #36 , is STRICKEN on the grounds that Plaintiff failed to comply with the undersigneds Discovery Procedures prohibiting written discovery motions, and on the grounds that the parties had not meaningfully conferred with respect to the relief requested. (2) Notwithstanding the failure to comply with the Courts Discovery Procedures and in consideration of the fact that the Settlement Conference is set for next week, the Court heard argument on the issue of the documents requested and DENIED Plaintiffs request to compel production of documents from Defendant Michael Hanley. However, the parties were directed to confer and work in good faith to exchange information required by the Courts Order, ECF No. 4 , and to ensure that the Settlement Conference will be a meaningful exercise. (3) The Settlement Conference set for April 2, 2020 will be conducted telephonically with all parties and counsel to be available by telephone. The Court will provide counsel instructions via email. Signed by Magistrate Judge Jacqueline Becerra on 3/27/2020. (dgj)
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| Filing 39 Statement of: DEFENDANT MICHAEL HANLEYS AMENDED RESPONSE TO PLAINTIFFS STATEMENT OF CLAIM by Michael Hanley re #25 Statement, 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Cohen, Judson) |
| Filing 38 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Telephonic Status Conference held on 3/26/2020. Plaintiff's motion to compel (DE# 36) stricken. Plaintiff's ore tenus motion to compel denied without prejudice. Order to follow. The settlement conference set for April 2, 2020, will proceed via Zoom, or in the alternative, by telephone. Instructions for the settlement conference appearance will be sent by chambers. Total time in court: 29 minutes. Attorney Appearance(s): Harry N. Turk, Judson Lee Cohen, Kevin Eugene Vance, Morgan Lowery Swing, Jake Slome Blumstein, (Digital 16:02:06) (wc) |
| Filing 37 PAPERLESS NOTICE OF TELEPHONIC HEARING: A Telephonic Status Conference is set for 4:00 P.M. on Thursday, March 26, 2020, in Miami Division, before Magistrate Judge Jacqueline Becerra (USA Toll-Free Number: 866-390-1828; Access Code: 2046890). (jv00) |
| Filing 36 MOTION to Compel Defendant Michael Hanley's Compliance with D.E. 4 by Chris Kertesz, Andre Mejia. Responses due by 4/6/2020 (Blumstein, Jake) |
| Filing 35 REPLY to Response to Motion re #19 Plaintiff's MOTION to Certify Class PLAINTIFFS' MOTION AND INCORPORATED MEMORANDUM FOR CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION UNDER THE FLSA AND FACILITATION OF COURT-AUTHORIZED OPT-IN NOTICE PLAINTIFF'S REPLY IN SUPPORT OF D.E. 19 filed by Chris Kertesz, Andre Mejia. (Attachments: #1 Exhibit A - Motion from S.D. Fla. Case No. 0:12-cv-60612-JIC, #2 Exhibit B - Composite of Mejia's Time Records and Pay Records)(Richards, Jordan) |
| Filing 34 RESPONSE to #25 Statement of Claim by Albert V. Hanley, III, The Commercial Driver's License School Inc.. (Vance, Kevin) |
| Filing 33 ANSWER and Affirmative Defenses to Complaint for Damages and Demand for Jury Trial by Albert V. Hanley, III, The Commercial Driver's License School Inc.. (Vance, Kevin) |
| Filing 32 RESPONSE in Opposition re #19 Plaintiff's MOTION to Certify Class PLAINTIFFS' MOTION AND INCORPORATED MEMORANDUM FOR CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION UNDER THE FLSA AND FACILITATION OF COURT-AUTHORIZED OPT-IN NOTICE filed by Albert V. Hanley, III, The Commercial Driver's License School Inc.. Replies due by 3/20/2020. (Attachments: #1 Exhibit 1)(Vance, Kevin) |
| Filing 31 Defendant's RESPONSE to Plaintiffs' Preliminary Statement of Claim by Michael Hanley. (Turk, Harry) |
| Filing 30 NOTICE of Attorney Appearance by Melissa Jane Scott on behalf of Chris Kertesz, Andre Mejia (Scott, Melissa) |
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Filing 29
PAPERLESS ORDER SETTING SETTLEMENT CONFERENCE. The Settlement Conference in this matter is scheduled for Thursday, April 2, 2020 at 3:00 p.m. before the undersigned in Courtroom 1006, 99 N.E. 4th Street, Miami, Florida, 33132. In addition to the requirements included in the undersigned's Order Regarding Scheduling of the Settlement Conference, ECF No. 6 , the parties should note that: (1) The Court does not provide an interpreter for parties who do not speak English. If a party requires an interpreter, it shall be that party's burden to provide one. (2) Although counsel of record may bring laptop computers or cellular phones into the Federal Courthouse, absent an Order of the Court, the parties are not allowed to do so. (3) The Conference shall be conducted without a court reporter and will not be tape recorded. All representations made at the Conference shall remain confidential. However, if a settlement is reached, the Court may require the parties to state the material terms of the agreement on the Court record. (4) The parties are not required to submit any statements/documentation in preparation for the Conference. However, counsel for Plaintiff(s) should be prepared to provide the Court with billing and/or time records to support an award of fees, should the parties decide to reach an agreement on attorneys' fees as part of the settlement. (5) Counsel shall remind their clients that they must bring proper identification (for example, a driver's license). (6) Each counsel is required to meet (either in person or by phone) with their client(s) regarding settlement at least five days prior to the Settlement Conference. (7) Counsel must confer with each other (either in person or by phone) to discuss their respective settlement positions, and to exchange settlement offers before the date of the Settlement Conference set above. Signed by Magistrate Judge Jacqueline Becerra on 3/9/2020. (jv00)
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| Filing 28 ANSWER and Affirmative Defenses to Complaint by Michael Hanley. (Turk, Harry) |
| Filing 27 Defendant's Corporate Disclosure Statement by The Commercial Driver's License School Inc. (Vance, Kevin) |
| Filing 26 NOTICE of Compliance with D.E. 4 by Chris Kertesz, Andre Mejia re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Blumstein, Jake) |
| Filing 25 Statement of: Claim by Chris Kertesz, Andre Mejia re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Richards, Jordan) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Michael Hanley's Corrected Motion for Extension of Time #22 to respond to the Complaint. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #22 is GRANTED. Defendant Michael Hanley shall answer or otherwise respond to the Complaint on or before March 11, 2020. Signed by Chief Judge K. Michael Moore on 3/2/2020. (eso)
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| Reset Answer Due Deadline per DE#24: Michael Hanley's response is now due 3/11/2020. (scn) |
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Commercial Driver's License School, Inc. and Albert V. Hanley, III's (collectively, Defendants) Motion for Extension of Time. #20 . Therein, Defendants request an extension of time to respond to the Complaint #1 and Plaintiffs' Motion to Certify Class #19 . Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #20 is GRANTED. Defendants Commercial Driver's License School, Inc. and Albert V. Hanley, III shall respond to Plaintiff's Motion to Certify Class on or before March 13, 2020 and shall answer or otherwise respond to the Complaint on or before March 17, 2020. Signed by Chief Judge K. Michael Moore on 2/28/2020. (mgh)
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| Filing 22 Corrected Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Michael Hanley. Responses due by 3/13/2020 (Turk, Harry) Event/Text Modified on 2/28/2020. (scn) |
| Filing 21 (SEE DE#22 FOR CORRECTED MOTION) MOTION for Extension of Time to respond to complaint re #1 Complaint, by Michael Hanley. Responses due by 3/13/2020 (Attachments: #1 Text of Proposed Order)(Turk, Harry) Text Modified on 2/28/2020. (scn) |
| Filing 20 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #19 Plaintiff's MOTION to Certify Class PLAINTIFFS' MOTION AND INCORPORATED MEMORANDUM FOR CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION UNDER THE FLSA AND FACILITATION OF COURT-AUTHORIZED OPT-IN NOTICE by Albert V. Hanley, III, The Commercial Driver's License School Inc.. (Attachments: #1 Text of Proposed Order)(Vance, Kevin) |
| Filing 19 Plaintiff's MOTION to Certify Class PLAINTIFFS' MOTION AND INCORPORATED MEMORANDUM FOR CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION UNDER THE FLSA AND FACILITATION OF COURT-AUTHORIZED OPT-IN NOTICE by Chris Kertesz, Andre Mejia. Responses due by 3/6/2020 (Attachments: #1 Exhibit A - Declaration of Andre Mejia, #2 Exhibit B - Declaration of Chris Kertesz, #3 Exhibit C - Overtime Policy for Commercial Driver's License School Inc., #4 Exhibit D - Payroll Documents from Kertesz' Training Period, #5 Exhibit E - Time Records from Kertesz' Training Period, #6 Exhibit F - Transcript of Sworn Testimony from Albert V. Hanley III, #7 Exhibit G - Proposed notice of Collective Action and Opportunity to Join, #8 Text of Proposed Order)(Richards, Jordan) |
| Filing 18 NOTICE OF CONSENT TO JOIN as party plaintiff by Jordan Lee Richards on behalf of Chris Kertesz (Attachments: #1 Exhibit A - Consent to Join Collective Action signed by Chris Kertesz) (Richards, Jordan) |
| Filing 17 NOTICE OF CONSENT TO JOIN as party plaintiff by Jordan Lee Richards on behalf of Andre Mejia (Attachments: #1 Exhibit A - Consent to Join Collective Action Signed by Andre Mejia) (Richards, Jordan) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andre Mejia, Chris Kertesz. The Commercial Driver's License School Inc. served on 2/18/2020, answer due 3/10/2020. (Richards, Jordan) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andre Mejia, Chris Kertesz. Michael Hanley served on 2/12/2020, answer due 3/4/2020. (Richards, Jordan) |
| Filing 14 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Phillip M. Hudson III re #13 Notice of Change of Address. Attorney Phillip M. Hudson III is directed to update their information via the attorneys PACER account, Manage My Account. Pursuant to CM/ECF NextGen procedures, all updates to an attorneys contact information and primary email address must be made through the attorneys PACER account. (cco) |
| Filing 13 NOTICE of Change of Address by Phillip M. Hudson, III (Hudson, Phillip) |
| Filing 12 NOTICE of Attorney Appearance by Morgan Lowery Swing on behalf of Albert V. Hanley, III, The Commercial Driver's License School Inc.. Attorney Morgan Lowery Swing added to party Albert V. Hanley, III(pty:dft), Attorney Morgan Lowery Swing added to party The Commercial Driver's License School Inc.(pty:dft). (Swing, Morgan) |
| Filing 11 NOTICE of Attorney Appearance by Kevin Eugene Vance on behalf of Albert V. Hanley, III, The Commercial Driver's License School Inc.. Attorney Kevin Eugene Vance added to party Albert V. Hanley, III(pty:dft), Attorney Kevin Eugene Vance added to party The Commercial Driver's License School Inc.(pty:dft). (Vance, Kevin) |
| Filing 10 NOTICE of Attorney Appearance by Phillip M. Hudson, III on behalf of Albert V. Hanley, III, The Commercial Driver's License School Inc.. Attorney Phillip M. Hudson, III added to party Albert V. Hanley, III(pty:dft), Attorney Phillip M. Hudson, III added to party The Commercial Driver's License School Inc.(pty:dft). (Hudson, Phillip) |
| Filing 9 NOTICE of Attorney Appearance by Judson Lee Cohen on behalf of Michael Hanley. Attorney Judson Lee Cohen added to party Michael Hanley(pty:dft). (Cohen, Judson) |
| Filing 8 NOTICE of Attorney Appearance by Harry N. Turk on behalf of Michael Hanley. Attorney Harry N. Turk added to party Michael Hanley(pty:dft). (Turk, Harry) |
| Filing 7 NOTICE of Attorney Appearance by Jake Slome Blumstein on behalf of Chris Kertesz, Andre Mejia (Blumstein, Jake) |
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Filing 6
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference within the deadlines mandated by the District Court, ECF No. 4 , counsel for Plaintiff shall send an e-mail, to [email protected], on or before the date that Defendant's Response to Plaintiff's Statement of Claim is due. The e-mail shall list at least three different dates and times where all counsel and parties are available for the Settlement Conference. The Court prefers to set settlement conferences in FLSA cases on Tuesdays and Thursdays at 9:00 a.m., 12:00 p.m., or 3:00 p.m. If counsel and the parties are not available on those dates and times, they are permitted to propose other dates and times, but all proposed dates must be within the deadline set by the District Court. Plaintiff's counsel shall copy all counsel on the e-mail to chambers. Failure to submit proposed dates by the deadline will results in the Court setting the conference unilaterally. The Settlement Conference will not be continued absent compelling circumstances (i.e., counsel has a conflict with another court hearing). In providing dates for the Settlement Conference, counsel should note that: (1) The Settlement Conference must be attended, except as provided under Local Rule 16.2(e) for public-sector entities, by counsel of record and each party, or representatives of each party with full authority to enter into a complete settlement. (2) In the event that a monetary settlement would be payable from proceeds of an insurance policy, a claims professional/representative(s) from the party's insurer, with full and final authority to authorize payment to settle the matter up to the full limits of the party's policy shall be present. The failure of a party representative with full and final authority to make and accept offers of settlement to attend this Conference may result in the undersigned's sua sponte recommendation to the District Judge that sanctions be entered against the offending party. (3) Telephonic attendance will not be considered without the undersigned's prior permission, and unless extraordinary circumstances exist. Signed by Magistrate Judge Jacqueline Becerra on 2/11/2020. (nm00)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 2/11/2020. (mgh)
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Filing 4
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorneys fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendants defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Jacqueline Becerra within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Jacqueline Becerra on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Becerra. Absent an extension from Magistrate Judge Becerra, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. 8. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 2/11/2020. (mgh)
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| Filing 3 Summons Issued as to Michael Hanley, Albert V. Hanley, III, The Commercial Driver's License School Inc.. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao) |
| Filing 1 COMPLAINT COLLECTIVE ACTION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL against Michael Hanley, Albert V. Hanley, III, The Commercial Driver's License School Inc.. Filing fees $ 400.00 receipt number AFLSDC-12418253, filed by Andre Mejia, Chris Kertesz. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) The Commercial Driver's License School Inc., #3 Summon(s) Albert V. Hanley, III, #4 Summon(s) Michael Hanley)(Richards, Jordan) |
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