Scott v. Freeland Enterprises, Inc et al
| ADAM SCOTT |
| FREELAND ENTERPRISES, INC., DICK FREELAND, DEANNA FREELAND, TODD HOLLMAN, TYLER FREELAND, JOHN DOE CORPORATION 1-10, JOHN DOE 1-10 and Freeland Enterprises Inc |
| Michael Russell |
| 1:2022cv00043 |
| February 4, 2022 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Labor: Fair Standards |
| 29 U.S.C. § 206 Collect Unpaid Wages |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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Filing 83
OPINION AND ORDER: The #82 Motion for Approval of Settlement is GRANTED as set forth in the order. The Clerk is DIRECTED to close this case. Signed by Judge Holly A Brady on 6/5/23. (nal)
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Filing 82
Joint MOTION to Approve Consent Judgment by Plaintiff Adam Scott. (Attachments: #1 Memorandum in support of motion to approve, #2 Affidavit Declaration in support of motion to approve, #3 Proposed order, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4)(Raimond PHV, Frank)
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Filing 81
STATUS REPORT by Adam Scott. (Raimond PHV, Frank)
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Filing 80
STATUS REPORT Joint by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. (McDermott, Dorothy)
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Filing 79
NOTICE by Adam Scott Notice of Consent to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 78
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 77
NOTICE by Adam Scott Notice of Consent to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 76
ORDER for Magistrate Judge Susan Collins: #75 Defendants' Motion for Substitution of Counsel is granted. The appearance of atty Melissa K. Taft is withdrawn on behalf of Defendants Freeland Enterprises Inc, Todd Hollman, Tyler Freeland, and Deanna Freeland. Text entry order.(mr)
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Filing 75
MOTION to Substitute Attorney Dorothy D. McDermott for Melissa K. Taft by Defendants Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. (McDermott, Dorothy)
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Filing 74
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 73
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 72
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 71
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 70
ORDER granting #65 Application to Appear Pro Hac Vice of Attorney Andy Biller PHV for Adam Scott. Signed by Magistrate Judge Susan L Collins on 1/12/2023. (ace)
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Filing 69
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Kimble PHV, Andrew)
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Filing 68
ORDER granting #66 Application to Appear Pro Hac Vice of Attorney Andrew Kimble PHV for Adam Scott. Signed by Magistrate Judge Susan L Collins on 1/9/2023. (ace)
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Filing 67
NOTICE by Adam Scott Notice of consents to join action (Attachments: #1 Exhibit Exhibit A)(Raimond PHV, Frank)
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Filing 66
Application for Attorney Andrew Paul Kimble to Appear Pro Hac Vice on behalf of Adam Scott. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5119600 (Attachments: #1 Exhibit A - Court Admissions, #2 Certificate of Good Standing, #3 Certificate of Good Standing)(Kimble, Andrew)
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Filing 65
Application for Attorney Andrew R. Biller to Appear Pro Hac Vice on behalf of Adam Scott. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5117535 (Attachments: #1 Certificate of Good Standing, #2 Exhibit A - Court Admissions)(Biller, Andy) (Additional attachment(s) added on 1/12/2023: #3 PA certificate) (ace). (Attachment 2 replaced on 1/12/2023) (ace). Modified on 1/12/2023 to include PA certificate and corrected court admission exhibit (ace).
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Filing 64
NOTICE by Adam Scott Notice of consents to join action (Attachments: #1 Exhibit Exhibit A)(Raimond PHV, Frank)
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Filing 63
NOTICE by Adam Scott Notice of consents to join action (Attachments: #1 Exhibit Exhibit A)(Raimond PHV, Frank)
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Filing 62
STATUS REPORT Joint by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. (Taft, Melissa)
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Filing 61
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 60
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 59
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A - Consents to Join)(Elswick PHV, Samuel)
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Filing 58
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 57
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 56
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 55
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 54
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 53
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 52
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 51
NOTICE by Adam Scott Notice of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 50
NOTICE by Adam Scott of Consents to Join Action (Attachments: #1 Exhibit A- Consents to Join)(Elswick PHV, Samuel)
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Filing 49
OPINION AND ORDER: The Joint Motion to Approve Form of Notice of Collective Action and to Stay Proceedings #48 is GRANTED in part and DENIED in part. This case is conditionally certified as a collective action under the FLSA. The opt-in period, deadlines, and other procedural matters agreed to by the parties in pages 2 through 4 of the Motion (ECF No. 48 at 2-4) are adopted and made a part of this Opinion and Order by reference. The parties proposed Notice (ECF No. 48-1) is APPROVED subject to the revisions set forth above. This matter is STAYED. The parties are ORDERED to file a report at least every 90 days advising the Court as to the status of the parties attempts at settlement. Signed by Judge Holly A Brady on 09/19/2022. (jdb)
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Filing 48
Joint MOTION to Stay Proceedings and to Approve Form of Notice of Collective Action by Defendants Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. (Attachments: #1 Exhibit A - Notice of Opportunity to Join Unpaid Wage Lawsuit and Consent to Join, #2 Exhibit B - Parties' Proposed Email Cover Letter)(Taft, Melissa)
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Filing 47
ORDER for Magistrate Judge Susan Collins: The #46 Joint Motion to Extend the Briefing Deadlines on Plaintiff's Motion for Conditional Certification is granted. The deadline for Defendant to file a Response in Opposition to Plaintiff's Motion for Conditional Certification is extended to and including 9/2/2022. The deadline for Plaintiff to file a Reply in Support of the Motion for Conditional Certification is extended to and including 9/23/2022. Text entry order.(mrm)
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Filing 46
Joint MOTION for Extension of Time to File Response/Reply by Defendant Freeland Enterprises Inc. (Taft, Melissa)
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Filing 45
ORDER for Magistrate Judge Susan Collins: The #43 Joint Motion to Extend the Briefing Deadlines on Plaintiff's Motion for Conditional Certification is granted. The deadline for Defendant to file a Response in Opposition to Plaintiff's Motion for Conditional Certification is extended to and including 8/19/2022. The deadline for Plaintiff to file a Reply in Support of the Motion for Conditional Certification is extended to and including 9/9/2022. Text entry order.(mr)
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Filing 44
Defendants' Second Amended ANSWER to #1 Complaint, by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman.(Taft, Melissa)
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Filing 43
Joint MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Conditional Certification by Defendant Freeland Enterprises Inc. (Taft, Melissa)
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Filing 42
ORDER: For reasons outlined in order, Plaintiffs claims against Dick Freeland are DISMISSED. Signed by Judge Holly A Brady on 07/13/2022. (sej)
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Filing 41
ORDER GRANTING #38 Motion to Amend Answer. Amended Answer to be filed by 7/18/2022. Signed by Magistrate Judge Susan L Collins on 7/11/22. (mlc)
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Filing 40
Memorandum in Support of Motion to Send Notice to Similarly Situated Employees by Plaintiff Adam Scott. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Reid, Myra) Modified on 7/1/2022 as incorrectly filed as a motion. (mr).
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Filing 39
Motion to Send Notice to Similarly Situated Employees by Adam Scott (Reid, Myra) Modified on 7/1/2022 as motion was incorrected filed as a Notice (mr).
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Filing 38
MOTION to Amend/Correct #20 Answer to Complaint by Defendants Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. (Attachments: #1 Exhibit A - Defendants' Second Amended Answer to Plaintiff's Complaint)(Taft, Melissa)
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Filing 37
NOTICE by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman of Mediator Selection (Taft, Melissa)
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Filing 36
TELEPHONIC STATUS CONFERENCE held on 5/11/2022 before Magistrate Judge Susan L Collins. Pla appeared by atty Myra Reid and atty Frank Raimond. Dfts appeared by atty Melissa Taft and atty Cheyna Galloway. Court advised counsel to confer with each other to establish how to proceed regarding a possible substitute representative re #27 Notice. (FTR 1st Floor) (mrm)
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Filing 35
NOTICE of Appearance by Frank Raimond PHV on behalf of Adam Scott (Raimond PHV, Frank)
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Filing 34
ORDER granting #33 Application to Appear Pro Hac Vice of Attorney Frank Raimond PHV for Adam Scott. Signed by Magistrate Judge Susan L Collins on 5/11/2022. (ace)
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Filing 33
Application for Attorney Frank Raimond to Appear Pro Hac Vice on behalf of Adam Scott. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4912672 (Attachments: #1 Certificate of Good Standing)(Misch, Michael)
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Filing 32
ORDER for Magistrate Judge Susan Collins: Atty Frank Raimond has failed to file a pro hac vice application, and Plaintiff has not informed the Court of the status of any pro hac vice application as ordered 30 . The Court will address Plaintiff's noncompliance at the 5/11/2022 telephonic status conference. Text entry order.(mr)
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Filing 31
ORDER for Magistrate Judge Susan Collins: Telephonic Status Conference re #27 Statement Noting Death set for 5/11/2022 at 2:00 pm. Court to initiate call. Text entry order.(mr)
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Filing 30
ORDER for Magistrate Judge Susan Collins: Plaintiff is ordered to file a status report on or before 5/4/2022 providing the status of the filing of a pro hac vice application and appearance by Atty Frank Raimond (DE 28). Text entry order. (mr)
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Filing 29
SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The Court sets the following deadlines pursuant to Fed. R. Civ. P. 16(b): The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 06/13/2022. The last date for the completion of all discovery is 08/11/2023. The serving of reports from retained experts under Rule 26(a)(2) will be due from the parties 30 days after the Court has ruled on any dispositive and/or decertification motions. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff is 06/06/2022; as to Defendants is 07/06/2022. The deadline to file any dispositive motions is 09/11/2023, with any response due 28 days thereafter and any reply due 14 days after the filing of a response, consistent with Local Rule 56-1(b) and (c). The parties shall name a mediator no later than 06/13/2022. If the parties cannot agree upon a mediator, or if none is named, the Court will appoint a mediator. Signed by Magistrate Judge Susan L Collins on 04/05/2022. (jdb)
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Filing 28
TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 4/5/2022 before Magistrate Judge Susan L Collins. Pla appeared by attys Frank Raimond and Myra Reid. Dfts appeared by atty Melissa Taft. Atty Raimond advises he will be filing a pro hac vice application and appearance. The #26 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date). Magistrate Consent forms due by 4/26/2022. (FTR 1st floor.) (mr)
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Filing 27
NOTICE by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman (Statement Noting Death) (Taft, Melissa)
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Filing 26
REPORT of Rule 26(f) Planning Meeting. (Taft, Melissa)
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Filing 25
ORDER for Magistrate Judge Susan Collins: #24 Forrest T. Rhodes, Jr.'s Motion for Leave to Withdraw as Counsel is granted. The appearance of Attorney Forrest Terence Rhodes, Jr. is hereby withdrawn on behalf of Defendants Freeland Enterprises, Inc., Deanna Freeland, Todd Hollman, and Tyler Freeland. Text entry order.(mr)
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Filing 24
MOTION to Withdraw as Attorney by Defendants Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. (Rhodes PHV, Forrest)
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Filing 23
NOTICE of Appearance by Cheyna H Galloway on behalf of Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman (Galloway, Cheyna)
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Filing 22
NOTICE of Appearance by Melissa K Taft on behalf of Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman (Taft, Melissa)
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Filing 21
ORDER granting #6 Application to Appear Pro Hac Vice of Attorney Samuel D Elswick PHV, Jr for Adam Scott. Signed by Magistrate Judge Susan L Collins on 3/23/2022. (ace)
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Filing 20
Amended ANSWER to #1 Complaint, by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman.(Rhodes PHV, Forrest)
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Filing 19
ORDER granting #7 Application to Appear Pro Hac Vice of Attorney Forrest Terence Rhodes PHV, Jr for Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, and Todd Hollman. Signed by Magistrate Judge Susan L Collins on 3/7/2022. (ace)
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Filing 18
ORDER GRANTING IN PART #13 Motion. Defendants Freeland Enterprises, Inc., Deanna Freeland, Todd Hollman, and Tyler Freeland are ORDERED to file an amended answer that is in compliance with L.R. 10-1, on or before 3/18/2022. Signed by Magistrate Judge Susan L Collins on 3/4/2022. (nhc)
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Filing 17
Corporate Disclosure Statement by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman identifying Corporate Parent Freeland Group Restaurants Inc for Freeland Enterprises Inc.. (Rhodes, Forrest)
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Filing 16
ANSWER to #1 Complaint, by Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman.(Rhodes, Forrest)
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Filing 15
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr)
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Filing 14
NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 4/5/2022 at 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr)
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Set/Reset Deadlines: Answer due for defendants Tyler Freeland, Todd Hollman, Freeland Enterprises, and Deanna Freeland on 3/3/22. (jld) Modified on 3/4/2022 to correct Dfts. (lns).
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Filing 13
MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants Deanna Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. (Rhodes, Forrest) Modified on 3/3/2022 to correct filers (lns).
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Filing 12
AFFIDAVIT of Service for Summons & Complaint served on Deanna Freeland on 02-10-2022, filed by Adam Scott. (Attachments: #1 Exhibit Exhibit A)(Misch, Michael)
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Filing 11
AFFIDAVIT of Service for Summons & Complaint served on Dick Freeland on 02-10-2022, filed by Adam Scott. (Attachments: #1 Exhibit Exhibit A)(Misch, Michael)
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Filing 10
AFFIDAVIT of Service for Summons & Complaint served on Freeland Enterprises on 02-10-2022, filed by Adam Scott. (Attachments: #1 Exhibit Exhibit A)(Misch, Michael)
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Filing 9
AFFIDAVIT of Service for Summons & Complaint served on Todd Hollman on 02-10-2022, filed by Adam Scott. (Attachments: #1 Exhibit Exhibit A)(Misch, Michael)
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Filing 8
AFFIDAVIT of Service for Summons & Complaint served on Tyler Freeland on 02-10-2022, filed by Adam Scott. (Attachments: #1 Exhibit Exhibit A)(Misch, Michael)
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Filing 7
Application for Attorney Forrest T. Rhodes Jr. to Appear Pro Hac Vice on behalf of Freeland Enterprises, Inc., Deanna Freeland, Todd Hollman, Tyler Freeland. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4845728(Rhodes, Forrest)
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Filing 6
Application for Attorney Samuel David Elswick Jr. to Appear Pro Hac Vice on behalf of Adam Scott. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4845304(Elswick, Samuel) (Main Document 6 replaced on 3/1/2022 to include federal court admission dates) (ace). Modified on 3/1/2022 (ace).
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Filing 5
SUPPLEMENT to #1 Complaint, Consent to Join FLSA Action filed by Adam Scott. (Reid, Myra)
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Filing 4
Summons Issued as to Deanna Freeland, Dick Freeland, Tyler Freeland, Freeland Enterprises Inc, Todd Hollman. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nae)
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**NEW CASE** Judge Holly A Brady and Magistrate Judge Susan L Collins added. (nae)
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Filing 3
NOTICE of Appearance by Myra R Reid on behalf of ADAM SCOTT (Reid, Myra)
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Filing 2
NOTICE of Appearance by Michael P Misch on behalf of ADAM SCOTT (Misch, Michael)
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 receipt number AINNDC-4824339.), filed by ADAM SCOTT. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Deanna Freeland Summons, #3 Proposed Summons Dick Freeland Summons, #4 Proposed Summons Freeland Enterprises Summons, #5 Proposed Summons Todd Hollman Summons, #6 Proposed Summons Tyler Freeland Summons)(Misch, Michael)
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