Booker v. Scibmatt LLC et al
| Ariel Booker |
| Scibmatt LLC doing business as Copelands of New Orleans and Bill Goudey |
| 1:2022cv03192 |
| August 11, 2022 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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Filing 59
ORDER: IT IS HEREBY ORDERED, based upon the consent of the parties, that the proceedings in this case, including all responsive pleadings, are stayed, through and including January 5, 2024. The parties shall inform the Court within seven (7) business days after the completion of the stay as to whether the settlement discussions were successful. If settlement discussions prove unsuccessful, the parties shall confer to develop a proposed scheduling/discovery order and file it with the Court. Signed by Judge Leigh Martin May on 9/28/2023. (jra)
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| Filing 58 Joint MOTION to Stay Pending Settlement Discussions with Brief In Support by Bill Goudey, Scibmatt LLC. (Attachments: #1 Text of Proposed Order)(Boughey, Timothy) |
| Filing 57 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Forms)(Foust, Michael) |
| Filing 56 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Forms 4.7.2023)(Foust, Michael) |
| Filing 55 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Form 3.30.2023)(Foust, Michael) |
| Filing 54 NOTICE Of Filing by Ariel Booker Notice of Filing Consent Forms (Attachments: #1 Exhibit Consent Form 3.28.2023)(Foust, Michael) |
| Filing 53 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Forms)(Foust, Michael) |
| Filing 52 NOTICE Of Filing by Ariel Booker Notice of Filing Consent Forms (Attachments: #1 Exhibit Consent Form 3.16.2023)(Foust, Michael) |
| Filing 51 Notice Of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Forms 3.10.2023)(Foust, Michael) |
| Filing 50 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Form (S. Jones))(Foust, Michael) |
| Filing 49 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Forms 3.8.23)(Foust, Michael) |
| Filing 48 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Form (J. Palmer))(Foust, Michael) |
| Filing 47 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit)(Foust, Michael) |
| Filing 46 Notice of Filing: Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Form - 2.22.23)(Foust, Michael) |
| Filing 45 Notice of Filing Consent Forms by Ariel Booker (Attachments: #1 Exhibit Consent Forms 2.21.23)(Foust, Michael) |
| Filing 44 Notice Of Filing: Consent Form by Ariel Booker (Attachments: #1 Exhibit Consent Form - Spradlin 2.20.23)(Foust, Michael) |
| Filing 43 Notice for Leave of Absence for the following date(s): April 3, 2023, April 4, 2023, April 5, 2023, April 6, 2023, April 7, 2023, July 3, 2023, July 4, 2023, July 5, 2023, July 6, 2023, July 7, 2023, by Michael Travis Foust. (Foust, Michael) |
| Filing 42 Notice Of Filing: Consent Form by Ariel Booker (Attachments: #1 Consent Form (Masters))(Foust, Michael) |
| Filing 41 Notice Of Filing: Consent to Join Collective Action by Ariel Booker (Attachments: #1 Consent Form (Bostic), #2 Consent Form (Chappell), #3 Consent Form (Dunn), #4 Consent Form (Green), #5 Consent Form (Howard), #6 Consent Form (Johnson), #7 Consent Form (Michel), #8 Consent Form (Rhoads))(Foust, Michael) |
| Filing 40 Approved Notice and Consent Form by Ariel Booker (jra) |
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Filing 39
ORDER: The Court hereby APPROVES the documents and GRANTS the motion for issuance of court-approved notice #16 . The Clerk is DIRECTED to enter the joint proposed Notice and Consent Form, Dkt. No. [38-1], onto the docket as the approved Notice and Consent Form. The Court AUTHORIZES the issuance of Notice by mail and e-mail to each collective-action member and the posting of a case-specific webpage. Plaintiff SHALL distribute the Notice and Consent Form to the proposed collective members by February 28, 2023. All forms of distribution may include a linked electronic Consent Form that may be completed and signed electronically. The Court REQUIRES that Defendants conspicuously post the Notice in laminate form with all pages visible at the Copeland's of New Orleans Restaurant where notices of employee rights are customarily posted, along with copies of the Consent Form for employees to complete and return to Plaintiff's counsel should any employees wish to join this action. The putative class members SHALL have 60 days from the date Notice is sent to submit or postmark a Consent Form to participate in this action. For any addresses provided by Defendants that result in undeliverable mailings, the notice period SHALL extend for an additional 30 days. Signed by Judge Leigh Martin May on 1/31/2023. (jra)
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| Submission of #36 Order on Motion for Miscellaneous Relief to District Judge Leigh Martin May. (bnp) |
| Filing 38 NOTICE Of Filing by Ariel Booker (Attachments: #1 Exhibit PROPOSED Notice of Lawsuit and Your Opportunity to Join)(Foust, Michael) |
| Filing 37 Certification of Consent to Substitution of Counsel. John Lawrence Mays replacing attorney Dustin Lee Crawford. (Mays, John) |
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Filing 36
ORDER: Defendants' Motion for Leave to File a Surreply #28 is GRANTED. Plaintiff's Motion for Conditional Certification of a Collective Action #16 is GRANTED IN PART and DENIED IN PART: the Court conditionally certifies a collective action of all servers who worked at Defendants' Copelands of New Orleans restaurant located at 3101 Cobb Parkway, Suite 220, Atlanta, Georgia, at any time from August 11, 2019, through August 11, 2022; were paid less than $7.25 per hour; and received tips from Defendants' customers. However, the motion is denied as to the claims for deficient tip-credit notice. Defendants SHALL produce to Plaintiff within 10 days of the entry of this Order a list of all persons who worked as a server at Copeland's at any time from August 11, 2019, through August 11, 2022, including name, job title, mailing address, e-mail address, phone number, dates of employment, and date of birth. Plaintiff is ORDERED to destroy all record of birth dates provided by Defendants within 30 days of the conclusion of this action. Plaintiff's Motion for Issuance of Court-Approved Notice #16 is DEFERRED. The parties are DIRECTED to confer in good faith and endeavor to jointly submit a proposed notice and consent form within 21 days of the entry of this Order. If the parties are unable to reach an agreement, Plaintiff SHALL file an amended proposed notice and consent form within 21 days of the entry of this Order. Defendants may then file specific, well-supported objections within the next 14 days. Plaintiff will then be permitted to respond, and Defendants will be permitted to reply under the typical time limits. See LR 7.1, NDGa. Upon the Court's approval of a notice and consent form, the Court AUTHORIZES the issuance of notice by mail and e-mail to each collective action member and the posting of a case-specific webpage. All forms of distribution may include a linked electronic consent form that may be completed and signed electronically. The Court REQUIRES that Defendants conspicuously post the notice in laminate form with all pages visible at the Copelands of New Orleans Restaurant where notices of employee rights are customarily posted, along with consent forms. The putative class members SHALL have 60 days from the date notice is sent to submit or postmark a consent form to participate in this action. For any addresses provided by Defendants that result in undeliverable mailings, the notice period SHALL extend for an additional 30 days. Signed by Judge Leigh Martin May on 1/18/2023. (jra)
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Filing 35
ORDER granting #34 Joint Motion to Modify Scheduling Order and Discovery Deadlines. Signed by Judge Leigh Martin May on 1/17/2023. (jra)
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| Filing 34 Joint Motion to Modify Scheduling Order and Discovery Deadlines re: #25 Scheduling Order with Brief In Support by Bill Goudey, Scibmatt LLC. (Attachments: #1 Text of Proposed Order)(Boughey, Timothy) Modified on 1/17/2023 (jra). |
| Submission of #28 MOTION for Leave to File Surreply in Opposition to #16 , to District Judge Leigh Martin May. (bnp) |
| Filing 33 CERTIFICATE OF SERVICE and Compliance by Ariel Booker.(Foust, Michael) Modified on 11/7/2022 (jra). |
| Filing 32 NOTICE Of Filing Defendants' Surreply in Opposition to Plaintiffs' Motion for Conditional Certification by Bill Goudey, Scibmatt LLC re #16 MOTION to Certify Class (Attachments: #1 Exhibit - Surreply, #2 Exhibit A - Copeland's Employee Earnings Reports, #3 Exhibit B - Brielle Bates Earnings Reports)(Magnus, Eric) |
| Filing 31 DOCUMENT FILED IN ERROR. ATTORNEY TO RE-FILE RESPONSE in Opposition re #16 MOTION to Certify Class (Surreply) filed by Bill Goudey, Scibmatt LLC. (Attachments: #1 Exhibit A - Copeland's Employee Earnings Reports, #2 Exhibit B - Brielle Bates Earnings Reports)(Magnus, Eric) Modified on 10/21/2022 to add red text (bnp). |
| Filing 30 DOCUMENT FILED IN ERROR. ATTORNEY TO RE-FILE NOTICE Of Filing Surreply in Opposition to Plaintiffs' Motion for Conditional Certification re #28 Motion for Leave to File Surreply by Bill Goudey, Scibmatt LLC (Magnus, Eric) Modified on 10/21/2022 to add link to motion (bnp). Modified on 10/21/2022 to add red text (bnp). |
| Filing 29 RESPONSE in Opposition re #28 MOTION for Leave to File Surreply filed by Ariel Booker. (Crawford, Dustin) Modified on 10/24/2022 (jra). |
| Notification of Docket Correction re #31 Response in Opposition to Motion, #30 Notice of Filing. Documents filed in error. Attorney will re-file. (bnp) |
| Filing 28 MOTION for Leave to File Surreply in Opposition to #16 by Bill Goudey, Scibmatt LLC. (Attachments: #1 Exhibit A - Proposed Order)(Magnus, Eric) Modified on 10/21/2022 (jra). |
| Submission of #16 MOTION to Certify Class to District Judge Leigh Martin May. (bnp) |
| Filing 27 REPLY BRIEF re #16 MOTION to Certify Class filed by Ariel Booker. (Attachments: #1 Exhibit 1: Sidney Steele Declaration, #2 Exhibit 2: Ariel Booker Declaration, #3 Exhibit 3: Brielle Bates Declaration)(Crawford, Dustin) Modified on 10/21/2022 (jra). |
| Filing 26 CERTIFICATE OF SERVICE (Plaintiffs' Initial Disclosures) by Ariel Booker.(Foust, Michael) |
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Filing 25
SCHEDULING ORDER: re: #24 Joint Preliminary Report and Discovery Plan. Signed by Judge Leigh Martin May on 10/12/2022. (kxm)
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| Filing 24 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Ariel Booker. (Foust, Michael) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Reply. It is hereby ORDERED that Plaintiffs shall have until 10/19/2022, to file their Reply brief in support of their motion for conditional certification. Signed by Judge Leigh Martin May on 10/7/2022. (kxm)
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| Filing 22 Consent MOTION for Extension of Time File Reply by Ariel Booker. (Attachments: #1 Exhibit Proposed Order)(Crawford, Dustin) |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Certify Class filed by Bill Goudey, Scibmatt LLC. (Attachments: #1 Exhibit A - Declaration of Karen Gabet)(Magnus, Eric) |
| Filing 20 CERTIFICATE OF SERVICE (Plaintiffs' First Request for Production of Documents to Defendants) by Ariel Booker.(Foust, Michael) |
| Filing 19 ANSWER to #1 COMPLAINT by Bill Goudey, Scibmatt LLC. Discovery ends on 2/10/2023.(Magnus, Eric) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 18
ORDER GRANTING #17 Consent MOTION for Extension of Time. The deadlines for Defendants to file a responsive pleading to Plaintiffs' Complaint are extended through and including 9/13/2022. The Court also extends the deadline for Defendants to file a response to Plaintiffs' pending Motion for Conditional Certification of a Collective Action (Doc. 16) through and including 9/28/2022. Signed by Judge Leigh Martin May on 9/2/2022. (tas)
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| Filing 17 Consent MOTION for Extension of Time for Defendants to File a Responsive Pleading and Opposition to Plaintiffs' Motion for Conditional Certification of a Collective Action re: #16 MOTION to Certify Class , #1 Complaint, by Scibmatt LLC. (Attachments: #1 Text of Proposed Order)(Magnus, Eric) |
| Filing 16 MOTION to Certify Class with Brief In Support by Ariel Booker. (Attachments: #1 Brief Brief in Support of Motion for Conditional Class Certification, #2 Exhibit Exhibit A Johnson Declaration, #3 Exhibit Exhibit B Booker Declaration, #4 Exhibit Exhibit C Steele Declaration, #5 Exhibit Exhibit D Plaintiff's Proposed Notice and Consent)(Crawford, Dustin) |
| Filing 15 NOTICE Of Filing Consent Form by Ariel Booker (Attachments: #1 Exhibit 1: Consent Form)(Crawford, Dustin) |
| Filing 14 NOTICE Of Filing Consent Form by Ariel Booker (Attachments: #1 Exhibit 1: Consent Form)(Crawford, Dustin) |
| Filing 13 NOTICE Of Filing Consent Form by Ariel Booker (Attachments: #1 Exhibit 1: Consent Form)(Crawford, Dustin) |
| Filing 12 Return of Service Executed by Ariel Booker. Bill Goudey served on 8/15/2022, answer due 9/6/2022. (Foust, Michael) |
| Filing 11 Return of Service Executed by Ariel Booker. Scibmatt LLC served on 8/15/2022, answer due 9/6/2022. (Foust, Michael) |
| Filing 10 NOTICE of Appearance by Timothy M. Boughey on behalf of Bill Goudey, Scibmatt LLC (Boughey, Timothy) |
| Filing 9 NOTICE of Appearance by Eric R. Magnus on behalf of Bill Goudey, Scibmatt LLC (Magnus, Eric) |
| Filing 8 NOTICE REGARDING FLSA CASES: The parties are hereby NOTICED that settlement must be approved by the Court before the case may be closed. It is the Courts practice to require filing of the settlement agreement on the public record. In the event that a settlement is reached, the parties are DIRECTED to file a joint motion for approval of the settlement agreement, attaching the settlement agreement to the motion. The Court will then hold a telephone conference to discuss settlement approval. Signed by Judge Leigh Martin May on 8/12/2022. (kxm) |
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Filing 7
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 8/12/2022. (kxm)
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| Filing 6 Electronic Summons Issued as to Bill Goudey. (lwb) |
| Filing 5 Electronic Summons Issued as to Scibmatt LLC. (lwb) |
| Filing 4 NOTICE Of Filing Consent to Join Lawsuit by Sidney Steele. (lwb) |
| Filing 3 NOTICE Of Filing Consent to Join Lawsuit by Jermaine Johnson. (lwb) |
| Filing 2 NOTICE Of Filing Consent to Join Lawsuit by Ariel Booker. (lwb) |
| Filing 1 COMPLAINT with Jury Demand filed by Ariel Booker.(Filing fee $402, receipt number AGANDC-11991654) (Attachments: #1 Civil Cover Sheet)(lwb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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