PRATER v. WEBER TRUCKING COMPANY, INC. et al
| BRADLEY PRATER |
| JEFF WEBER and WEBER TRUCKING COMPANY, INC. |
| 1:2019cv00769 |
| February 21, 2019 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| Doris L Pryor |
| James R Sweeney |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on December 29, 2020. A more recent docket listing may be available from PACER.
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Filing 71
CLOSED DISMISSED - ORDER: The Plaintiff, Bradley Prater, John Needler and Ryan Fagan ("Plaintiffs"), and Defendants, Weber Trucking Company, Inc, and Jeff Weber ("Defendant"), having filed their Stipulation of Dismissal with Prejudice, and the Court having reviewed the same, hereby ORDERS that Plaintiffs' claims be DISMISSED, with prejudice, each party to bear its own fees and costs. Signed by Judge James R. Sweeney II on 12/29/2020.(DWH)
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Filing 70
NOTICE of Voluntary Dismissal, filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Text of Proposed Order) (Weldy, Ronald)
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Filing 69
ORDER granting Plaintiff's #68 Motion for Extension of Time to File Dismissal Documents to 12/24/2020. Signed by Magistrate Judge Doris L. Pryor on 12/2/2020. (SWM)
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Filing 68
MOTION for Extension of Time to December 24, 2020 to File Dismissal Paperwork, filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Text of Proposed Order)(Weldy, Ronald)
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Filing 67
ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within thirty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Doris L. Pryor on 10/26/2020.(SWM)
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Filing 65
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared in person and by counsel for a settlement conference on August 5, 2020. A settlement was not achieved. This matter is scheduled for a telephonic status conference on October 27, 2020 at 11:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Courts ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 62
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on June 19, 2020. The parties discussed the status of and future plans for discovery. The parties also discussed the Settlement Conference scheduled for August 5, 2020. The parties reported that they are ready to proceed in good faith.The Court hereby CONVERTS the settlement conference from in person to telephonic; all other requirements of the Courts order scheduling the settlement conference, Dkt. #46 , remain in effect, and all persons required to appear by that order shall appear by telephone for the settlement conference via call-in information to be separately provided. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 60
ORDER - This matter comes before the Court on the Plaintiff's Unopposed Second Motion to Extend Settlement Demand Deadline, Dkt. [ #58 ]. The Court, being duly advised, hereby GRANTS said Motion. The Plaintiff shall have to and including June 19, 2020 to serve a settlement demand. Signed by Magistrate Judge Doris L. Pryor on 6/11/2020. (SWM)
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Filing 59
ORDER - This matter comes before the Court on the Plaintiff's Motion to Extend Settlement Demand Deadline, Dkt. [ #57 ]. The Court previously granted an extension of the deadline to serve a settlement demand to June 19, 2020. Accordingly, the present motion is DENIED AS MOOT. See Dkt. #60 for Order granting second motion for time. Signed by Magistrate Judge Doris L. Pryor on 6/11/2020. (SWM) Modified on 6/12/2020 (SWM).
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Filing 58
Unopposed MOTION for Extension of Time to June 19, 2020 , filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Text of Proposed Order)(Weldy, Ronald)
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Filing 57
MOTION for Extension of Time to June 9, 2020 , filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Text of Proposed Order)(Weldy, Ronald)
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Filing 56
TRIAL SETTING: This cause is hereby set for a Bench Trial before Judge James R. Sweeney II on August 30, 2021 at 9:00 a.m. (EDT) in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. ***TEXT ONLY ENTRY*** Entered by Judge James R. Sweeney II on 4/15/2020.(BRR)
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Filing 55
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on March 26, 2020. The parties discussed the status of and future plans for discovery.This matter is scheduled for a telephonic status conference on June 19, 2020 at 2:30 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Courts ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 53
ORDER denying #28 Motion to Certify Class. Should Plaintiffs uncover evidence supporting a collective action, they may move again for conditional certification. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 3/9/2020. (JDC)
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Filing 52
EXHIBIT Preliminary Witness and Exhibit Lists by All Defendants. (Shah, Neal)
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Filing 51
Witness List Preliminary, filed by Plaintiff BRADLEY PRATER. (Weldy, Ronald)
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Filing 50
Exhibit List Preliminary, filed by Plaintiff BRADLEY PRATER. (Weldy, Ronald)
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Filing 49
ORDER regarding discovery disputes. Signed by Magistrate Judge Doris L. Pryor on 12/17/2019.(CBU)
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Filing 48
ORDER regarding protective orders. Signed by Magistrate Judge Doris L. Pryor on 12/17/2019.(CBU)
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Filing 47
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 10/30/2020. Dispositive Motions due by 11/30/2020. Settlement Conference set for 8/5/2020 at 9:30 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor on 12/17/2019.(CBU)
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Filing 46
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for a Telephonic Status Conference on December 12, 2019. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. This matter is scheduled for a telephonic status conference on March 26, 2020 at 2:00 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. In addition, this matter is scheduled for a settlement conference on August 5, 2020 at 9:30 a.m. (Eastern), in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Doris L. Pryor. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 45
PROPOSED AMENDED CASE MANAGEMENT PLAN TENDERED, filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC. . (Shah, Neal)
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Filing 43
Submission of Signed Affidavits, filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Affidavit Bradley Prater, #2 Affidavit John Needler, #3 Affidavit Ryan Fagan)(Weldy, Ronald)
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Filing 42
REPLY in Support of Motion re #28 MOTION to Certify Class for Conditional Certification of Collective Action , filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Affidavit Bradley Prater, #2 Affidavit John Needler, #3 Affidavit Jason Glenn, #4 Affidavit Ryan Fagan)(Weldy, Ronald) (Attachment 3 replaced on 5/25/2021) (JD).
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Filing 41
ORDER GRANTING UNOPPOSED MOTION TO EXTEND REPLY BRIEF IN SUPPRORT OF MOTION FOR CONDITIONAL CERTIFICATION - The Court, having considered Plaintiffs' Unopposed Motion to Extend Reply Brief in Support of Motion for Conditional Certification, now GRANTS Plaintiffs' Motion. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the time for Plaintiffs to file their Reply brief in support the Motion for Conditional Certification to September 30, 2019. Signed by Judge James R. Sweeney II on 9/17/2019. (JDC)
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Filing 40
Unopposed MOTION for Extension of Time to File Reply to September 30, 2019 re #28 MOTION to Certify Class for Conditional Certification of Collective Action , filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Text of Proposed Order)(Weldy, Ronald)
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Filing 39
RESPONSE in Opposition re #28 MOTION to Certify Class for Conditional Certification of Collective Action , filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Attachments: #1 Affidavit Ex. A - Barnett, #2 Affidavit Ex. B - Umbriet, #3 Affidavit Ex. C - Sprague, #4 Exhibit Ex. D - May 14, 2019 Email)(Shah, Neal)
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Filing 38
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on August 23, 2019.Due to the procedural posture of the case, the parties and Court agree that collective action certification discovery and motion practice should proceed prior to unrelated merits discovery practice. The Court now enters the following schedule:Plaintiffs filed their Motion for Collective Action Certification on August 12, 2019. Defendants shall file their opposition to Plaintiff's Motion for Collective Action Certification by September 9, 2019. Plaintiffs shall file their reply in support of their Motion for Collective Action Certification by September 23, 2019. Merits discovery that does not overlap with collective action certification issues should be delayed until resolution of Plaintiffs' collective action certification motion. Upon resolution of collective action certification, a second Rule 16(b) conference will be scheduled to address remaining merits discovery, motion practice, and trial dates. This matter is scheduled for a telephonic status conference on December 12, 2019 at 9:00 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 37
ANSWER to #31 Amended Complaint , filed by All Defendants.(Shah, Neal)
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Filing 36
ORDER granting Defendant's #33 Motion for Extension of Time to File Response re #33 MOTION for Extension of Time to File Response to September 9, 2019 re #28 MOTION to Certify Class for Conditional Certification of Collective Action . Signed by Judge James R. Sweeney II on 8/22/2019. (JDC)
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Filing 35
PROPOSED AMENDED CASE MANAGEMENT PLAN TENDERED, filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC. . (Shah, Neal)
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Filing 34
Submission of Proposed Order Granting Defendants Weber Trucking Company Inc.'s and Jeff Weber, re #33 MOTION for Extension of Time to File Response to September 9, 2019 re #28 MOTION to Certify Class for Conditional Certification of Collective Action , filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Shah, Neal)
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Filing 33
MOTION for Extension of Time to File Response to September 9, 2019 re #28 MOTION to Certify Class for Conditional Certification of Collective Action , filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Shah, Neal)
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Filing 31
AMENDED COMPLAINT for Damages against All Defendants, filed by All Plaintiffs.(Weldy, Ronald)
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Filing 30
ORDER granting Plaintiff's #27 Motion to Amend Complaint. The Plaintiff shall file the Amended Complaint within three (3) days of this Order. Signed by Magistrate Judge Doris L. Pryor on 8/15/2019. (SWM)
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Filing 29
BRIEF/MEMORANDUM in Support re #28 MOTION to Certify Class for Conditional Certification of Collective Action , filed by Plaintiff BRADLEY PRATER. (Weldy, Ronald)
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Filing 28
MOTION to Certify Class for Conditional Certification of Collective Action, filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Affidavit A - Affidavit of Bradley Prater, #2 Affidavit B - Affdavit of John Needler)(Weldy, Ronald)
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Filing 27
MOTION to Amend/Correct #1 Complaint , filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Exhibit proposed Amended Complaint, #2 Text of Proposed Order)(Weldy, Ronald)
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Filing 26
UNIFORM STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Doris L. Pryor on 5/14/2019.(SWM)
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Filing 25
ORDER granting in part and denying in part Parties' #21 Joint Motion for Protective Order. See Order. Signed by Magistrate Judge Doris L. Pryor on 5/14/2019. (SWM)
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Filing 24
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on May 8, 2019. This matter is CONTINUED to August 23, 2019 at 9:30 a.m. to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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Filing 22
CASE MANAGEMENT PLAN TENDERED, filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC. . (Castner, Tessa)
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Filing 21
Joint MOTION for Protective Order , filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Attachments: #1 Exhibit 1 - Uniform Stipulated Protective Order)(Castner, Tessa)
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Filing 20
ORDER denying #15 Motion to Expedite Discovery. The Defendant shall respond to the Plaintiff's discovery requests in the time allowed by FRCP 34. Signed by Magistrate Judge Doris L. Pryor on 4/17/2019. (CBU)
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| Filing 19 REPLY in Support of Motion re #15 MOTION for Discovery Expedited , filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Text of Proposed Order)(Weldy, Ronald) |
| Filing 18 RESPONSE in Opposition re #15 MOTION for Discovery Expedited , filed by Defendant WEBER TRUCKING COMPANY, INC.. (Shah, Neal) |
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Filing 17
ORDER granting #16 Motion to Appear pro hac vice. Attorney Tessa L. Castner for JEFF WEBER and WEBER TRUCKING COMPANY, INC. added. Signed by Magistrate Judge Doris L. Pryor on 4/1/2019. (CBU)
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| Filing 16 MOTION for Attorney(s) Tessa L. Castner to Appear pro hac vice (Filing fee $100, receipt number 0756-5357577), filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Attachments: #1 Exhibit A: Castner Certification, #2 Text of Proposed Order)(Wilson, Heather) |
| Filing 15 MOTION for Discovery Expedited, filed by Plaintiff BRADLEY PRATER. (Attachments: #1 Exhibit A - Request for Production, #2 Text of Proposed Order)(Weldy, Ronald) |
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Filing 14
ORDER granting #12 Motion to Appear pro hac vice. Attorney Neal Shah for JEFF WEBER and WEBER TRUCKING COMPANY, INC. added. Signed by Magistrate Judge Doris L. Pryor on 3/25/2019. (CBU)
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Filing 13
SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 5/8/2019 at 11:00 AM (Eastern) before Magistrate Judge Doris L. Pryor. No fewer than seven (7)days before the IPTC, counsel must file a Proposed CMP. Signed by Magistrate Judge Doris L. Pryor on 3/22/2019.(CBU)
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| Filing 12 MOTION for Attorney(s) Neal Shah to Appear pro hac vice (Filing fee $100, receipt number 0756-5339977), filed by Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Attachments: #1 Exhibit A: Certification of Neal Shah, #2 Text of Proposed Order)(Wilson, Heather) |
| Filing 11 Corporate Disclosure Statement by JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Wilson, Heather) |
| Filing 10 ANSWER to #1 Complaint , filed by JEFF WEBER, WEBER TRUCKING COMPANY, INC..(Wilson, Heather) |
| Filing 9 NOTICE of Appearance by Heather L. Wilson on behalf of Defendants JEFF WEBER, WEBER TRUCKING COMPANY, INC.. (Wilson, Heather) |
| Filing 8 NOTICE of Consents to Opt-In, filed by Plaintiff BRADLEY PRATER (Attachments: #1 Exhibit Fagan Opt-In, #2 Exhibit Needler Opt-In, #3 Exhibit Glenn Opt-In) (Weldy, Ronald) |
| Filing 7 AFFIDAVIT of Service for Summons & Complaint served on Weber Trucking Co., Inc. & Jeff Weber on February 25, 2019, filed by BRADLEY PRATER. (Attachments: #1 Affidavit Service Affidavit)(Weldy, Ronald) |
| Filing 6 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 Summons Issued as to JEFF WEBER, WEBER TRUCKING COMPANY, INC. (REO) |
| Filing 3 NOTICE of Class Representative Opt-In, filed by Plaintiff BRADLEY PRATER (Attachments: #1 Exhibit A - Class Representative Consent) (Weldy, Ronald) |
| Filing 2 NOTICE of Appearance by Ronald E. Weldy on behalf of Plaintiff BRADLEY PRATER. (Weldy, Ronald) |
| Filing 1 COMPLAINT for Damages against All Defendants, filed by BRADLEY PRATER. (Filing fee $400, receipt number 0756-5299025) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Weldy, Ronald) |
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