Harris v. Kindred Healthcare Inc et al
Cynthia Harris |
Kindred Healthcare Inc. and Kindred Healthcare Operating, Inc. |
1:2018cv03280 |
July 9, 2018 |
US District Court for the Northern District of Georgia |
Atlanta Office |
XX US, Outside State |
Orinda D Evans |
Labor: Fair Standards |
29 U.S.C. § 201 |
Plaintiff |
Docket Report
This docket was last retrieved on July 9, 2018. A more recent docket listing may be available from PACER.
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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. |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
Filing 16 DECLARATION by Amanda Brumfield. (Attachments: #1 Main Document Declaration of T. Jackson)(Nettles, William) [Transferred from South Carolina on 7/9/2018.] |
Filing 15 DECLARATION by Amanda Brumfield. (Attachments: #1 Main Document Declaration of C. Harris)(Nettles, William) [Transferred from South Carolina on 7/9/2018.] |
Filing 14 DECLARATION by Amanda Brumfield. (Attachments: #1 Main Document Declaration of A. Brumfield)(Nettles, William) [Transferred from South Carolina on 7/9/2018.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
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.] |
Filing 3 Summons Issued as to All Defendants. (jbry, ) [Transferred from South Carolina on 7/9/2018.] |
Filing 2 Local Rule 26.01 Answers to Interrogatories by Amanda Brumfield.(jbry, ) [Transferred from South Carolina on 7/9/2018.] |
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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