Harris v. Kindred Healthcare Inc et al
Plaintiff: Cynthia Harris
Defendant: Kindred Healthcare Inc. and Kindred Healthcare Operating, Inc.
Case Number: 1:2018cv03280
Filed: July 9, 2018
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: XX US, Outside State
Presiding Judge: Orinda D Evans
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2018 Filing 50 Case transferred in from District of South Carolina; Case Number 2:18-cv-00591. Original file certified copy of transfer order and docket sheet received.
July 9, 2018 Filing 49 JUDGMENT The court grants defendants' motion to compel arbitration as to opt-in plaintiff Andrew Tyler and strikes the collective action. (jbry, ) [Transferred from South Carolina on 7/9/2018.]
July 2, 2018 Opinion or Order Filing 48 ORDER granting in part and denying in part #17 Motion to Transfer Case; finding as moot #19 Motion to Stay Signed by Honorable David C Norton on July 2, 2018.(cban, ) [Transferred from South Carolina on 7/9/2018.]
June 29, 2018 Filing 47 TEXT ORDER granting protection from court appearances to William N. Nettles for 7/30-8/6/2018. Signed by Honorable David C Norton on 6/29/2018. (eric, ) [Transferred from South Carolina on 7/9/2018.]
June 28, 2018 Filing 46 NOTICE of Request for Protection from Court Appearance by William Norman Nettles for July 30-August 6, 2018 (Nettles, William) [Transferred from South Carolina on 7/9/2018.]
June 15, 2018 Filing 45 NOTICE of Cancellation of Hearing: on Motions #17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer, #19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule : Motion Hearing set for Tuesday, 6/19/2018 at 11:00 AM (jbry, ) [Transferred from South Carolina on 7/9/2018.]
June 12, 2018 Filing 44 Additional Attachments to Main Document #17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer. First attachment description: Notice of Supplemental Authority . (Attachments: #1 Exhibit A (Supplemental Authority))(Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
June 12, 2018 Opinion or Order Filing 43 ORDER granting #42 Motion by Edward F. Berbarie to Appear Pro Hac Vice. Signed by Honorable David C Norton on 6/12/2018.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
June 11, 2018 Filing 42 MOTION to Appear Pro Hac Vice by Edward F. Berbarie ( Filing fee $ 250 receipt number 0420-7826302) by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. Response to Motion due by 6/25/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit (Application/Affidavit for Pro Hac Vice Admission))No proposed order.(Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
June 8, 2018 Filing 41 REPLY to Response to Motion re #17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer (Defendants' Response to Plaintiff's Sur-Reply In Response to Defendants' Motion To Transfer Venue...) Response filed by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. (Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
June 7, 2018 Opinion or Order Filing 40 ORDER granting #39 Motion for Leave to File Sur-reply. Signed by Honorable David C Norton on 6/7/2018.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
June 6, 2018 Filing 39 MOTION for Leave to File Response To Plaintiff's Sur-Reply by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. Response to Motion due by 6/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A (Defendants' Response to Plaintiff's Sur-Reply))No proposed order.(Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
May 29, 2018 Opinion or Order Filing 38 ORDER granting #36 Motion for Leave to File Sur-Reply Signed by Honorable David C Norton on 5/29/2018.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
May 29, 2018 Filing 37 SUR REPLY to REPLY to Response to Motion re #19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule Response filed by Amanda Brumfield. (Nettles, William) [Transferred from South Carolina on 7/9/2018.]
May 29, 2018 Filing 36 First MOTION for Leave to File Sur-Reply Brief by Amanda Brumfield. Response to Motion due by 6/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
May 15, 2018 Filing 35 REPLY to Response to Motion re #17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer Response filed by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. (Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
May 15, 2018 Filing 34 REPLY to Response to Motion re #19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule Response filed by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. (Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
May 15, 2018 Filing 33 AMENDED NOTICE of Hearing on Motions #17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer, #19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule : Motion Hearing set for Tuesday, 6/19/2018 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. Amended to add motion #17.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
May 11, 2018 Filing 32 NOTICE of Hearing on Motion #19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule : Motion Hearing set for Tuesday, 6/19/2018 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) [Transferred from South Carolina on 7/9/2018.]
May 8, 2018 Filing 31 RESPONSE in Opposition re #17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer Response filed by Amanda Brumfield.Reply to Response to Motion due by 5/15/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of A. Brumfield, #2 Exhibit Kindred at Home Locations)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
May 8, 2018 Filing 30 RESPONSE in Opposition re #19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule Response filed by Amanda Brumfield.Reply to Response to Motion due by 5/15/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 30, 2018 Opinion or Order Filing 29 ORDER granting #25 Motion by Jerry Martin to Appear Pro Hac Vice. Signed by Honorable David C Norton on 4/30/2018.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
April 30, 2018 Opinion or Order Filing 28 ORDER granting #24 Motion by Joshua Frank to Appear Pro Hac Vice. Signed by Honorable David C Norton on 4/30/2018.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
April 30, 2018 Opinion or Order Filing 27 ORDER granting #23 Motion by David Garrison to Appear Pro Hac Vice. Signed by Honorable David C Norton on 4/30/2018.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
April 30, 2018 Opinion or Order Filing 26 ORDER granting #22 Motion by Jerry H. Walters, Jr. to Appear Pro Hac Vice. Signed by Honorable David C Norton on 4/30/2018.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
April 30, 2018 Filing 25 First MOTION to Appear Pro Hac Vice by Jerry Martin ( Filing fee $ 250 receipt number 0420-7750861) by Amanda Brumfield. Response to Motion due by 5/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents J. Martin Application & Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 30, 2018 Filing 24 First MOTION to Appear Pro Hac Vice by Joshua Frank ( Filing fee $ 250 receipt number 0420-7750852) by Amanda Brumfield. Response to Motion due by 5/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Summons J. Frank Application & Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 30, 2018 Filing 23 First MOTION to Appear Pro Hac Vice by David Garrison ( Filing fee $ 250 receipt number 0420-7750831) by Amanda Brumfield. Response to Motion due by 5/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents D. Garrison Application & Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 27, 2018 Filing 22 MOTION to Appear Pro Hac Vice by Jerry H. Walters, Jr. ( Filing fee $ 250 receipt number 0420-7750023) by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. Response to Motion due by 5/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Application/Affidavit of Jerry H. Walters, Jr. for Pro Hac Vice Admission)No proposed order.(Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
April 24, 2018 Filing 21 Local Rule 26.01 Answers to Interrogatories by Kindred Healthcare Inc, Kindred Healthcare Operating Inc.(Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
April 24, 2018 Filing 20 Additional Attachments to Main Document #19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule. First attachment description: Memorandum of Law in Support of Motion to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule. (Palesch, Amy) [Transferred from South Carolina on 7/9/2018.]
April 24, 2018 Filing 19 MOTION to Stay Proceedings, or in the Alternative, Motion to Extend Briefing Schedule by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. Response to Motion due by 5/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Palesch, Amy) Modified on 4/25/2018 to create linkage to #20 Additional Attachments filed 4/24/2018 (jbry, ). [Transferred from South Carolina on 7/9/2018.]
April 24, 2018 Filing 18 Additional Attachments to Main Document #17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer. First attachment description: Memorandum of Law in Support of Motion to Transfer Venue under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer. (Attachments: #1 Exhibit 1 - Declaration of Jeremy Ballard, #2 Exhibit 2 - Declaration of Jennifer Monroe, #3 Exhibit 3 - Declaration of Shavontrola Rodriguez , #4 Exhibit 4 - Declaration of Ashlee Pittman, #5 Exhibit 5 - Declaration of Sharron Stewart, #6 Exhibit 6 - Declaration of Becky Williams)(Palesch, Amy) Modified on 4/25/2018 to add descriptions to exhibits (jbry, ). [Transferred from South Carolina on 7/9/2018.]
April 24, 2018 Filing 17 MOTION to Transfer Case Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and a Mandatory Forum-Selection Clause, or, in the Alternative, Compel Arbitration, Strike Collective Claims, Dismiss, and Transfer by Kindred Healthcare Inc, Kindred Healthcare Operating Inc. Response to Motion due by 5/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Palesch, Amy) Modified on 4/25/2018 to create linkage to #18 Additional Attachments filed 4/24/2018 (jbry, ). Modified on 6/13/2018 to create linkage to #44 Additional Attachments(Supplemental Authority) filed 6/12/2018 (jbry, ). [Transferred from South Carolina on 7/9/2018.]
April 10, 2018 Filing 16 DECLARATION by Amanda Brumfield. (Attachments: #1 Main Document Declaration of T. Jackson)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 10, 2018 Filing 15 DECLARATION by Amanda Brumfield. (Attachments: #1 Main Document Declaration of C. Harris)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 10, 2018 Filing 14 DECLARATION by Amanda Brumfield. (Attachments: #1 Main Document Declaration of A. Brumfield)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 10, 2018 Filing 13 AFFIDAVIT in Support re #12 First MOTION to Certify Class Response filed by Amanda Brumfield. (Attachments: #1 Main Document Memorandum in Support of Plaintiff's Motion for Conditional Certification, #2 Exhibit Excerpt from Kindred's September 30, 2017 SEC Form 10-Q)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
April 10, 2018 Filing 12 First MOTION to Certify Class by Amanda Brumfield. Response to Motion due by 4/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Main Document Motion for Conditional Certification, #2 Exhibit Proposed Notice of Pending FLSA Lawsuit, #3 Exhibit Proposed Consent Form)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Main Document 12 replaced on 4/10/2018) (jbry, ). Modified on 4/10/2018 to replace original main document (Notice of Filing) with the Motion filed as attachment(1), delete attachment, and create linkage to #13 Affidavit in Support(jbry, ). [Transferred from South Carolina on 7/9/2018.]
April 6, 2018 Filing 11 SUMMONS Returned Executed by Amanda Brumfield. Kindred Healthcare Inc served on 4/5/2018, answer due 4/26/2018. (Nettles, William) (Main Document 11 replaced on 4/9/2018) (jbry, ). Modified on 4/9/2018 to replace document with corrected signature as provided by filing user (jbry, ). [Transferred from South Carolina on 7/9/2018.]
April 6, 2018 Filing 10 SUMMONS Returned Executed by Amanda Brumfield. Kindred Healthcare Operating Inc served on 4/5/2018, answer due 4/26/2018. (Nettles, William) (Main Document 10 replaced on 4/9/2018) (jbry, ). Modified on 4/9/2018 to replace document with corrected signature as provided by filing user (jbry, ). [Transferred from South Carolina on 7/9/2018.]
March 26, 2018 Filing 9 NOTICE OF JOINDER re #1 Complaint, #2 Local Rule 26.01 Answers to Interrogatories by William Norman Nettles on behalf of Amanda Brumfield (Attachments: #1 Exhibit Opt-in Form-Terra Jackson)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
March 26, 2018 Filing 8 NOTICE OF JOINDER re #3 Summons Issued, #1 Complaint, #2 Local Rule 26.01 Answers to Interrogatories by William Norman Nettles on behalf of Amanda Brumfield (Attachments: #1 Exhibit Opt-in Form-Cynthia Scoon)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
March 20, 2018 Filing 7 NOTICE OF JOINDER re #3 Summons Issued, #1 Complaint, #2 Local Rule 26.01 Answers to Interrogatories by William Norman Nettles on behalf of Amanda Brumfield (Attachments: #1 Exhibit Opt-in Form-Amanda Brumfield)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
March 13, 2018 Filing 6 NOTICE OF JOINDER by William Norman Nettles on behalf of Amanda Brumfield (Attachments: #1 Exhibit Opt-in Form-Andrew Tyler) Refiled to correct event type. (jbry, ) [Transferred from South Carolina on 7/9/2018.]
March 8, 2018 Filing 5 NOTICE OF JOINDER re #3 Summons Issued, #1 Complaint, #2 Local Rule 26.01 Answers to Interrogatories by William Norman Nettles on behalf of Amanda Brumfield (Attachments: #1 Exhibit Opt-in Form-Cynthia Harris)(Nettles, William) [Transferred from South Carolina on 7/9/2018.]
March 1, 2018 Filing 3 Summons Issued as to All Defendants. (jbry, ) [Transferred from South Carolina on 7/9/2018.]
March 1, 2018 Filing 2 Local Rule 26.01 Answers to Interrogatories by Amanda Brumfield.(jbry, ) [Transferred from South Carolina on 7/9/2018.]
March 1, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-7640561.), filed by Amanda Brumfield. Service due by 5/30/2018(jbry, ) [Transferred from South Carolina on 7/9/2018.]

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Defendant: Kindred Healthcare Inc.
Represented By: Jerry H Walters, Jr
Represented By: Edward Fouad Berbarie
Represented By: Amy Mariko Palesch
Represented By: Jerry Howard Walters, Jr.
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Defendant: Kindred Healthcare Operating, Inc.
Represented By: Jerry H Walters, Jr
Represented By: Edward Fouad Berbarie
Represented By: Amy Mariko Palesch
Represented By: Jerry Howard Walters, Jr.
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Plaintiff: Cynthia Harris
Represented By: William Norman Nettles
Represented By: David W. Garrison
Represented By: Joshua Frank
Represented By: Jerry E Martin
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