RANDALL v. MALIBU WELLNESS, INC. et al
| ROBIN RANDALL |
| TOM G. PORTER and MALIBU WELLNESS, INC. |
| 1:2019cv04176 |
| October 10, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Defendant |
Docket Report
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This docket was last retrieved on March 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 33 Defendants Malibu Wellness, Inc. and Tom G. Porter's ANSWER to #31 Amended Complaint , filed by All Defendants.(Shives, Jenna) |
| Filing 32 Submission of amended, substitution for DKT #28, filed by Plaintiff ROBIN RANDALL. (Masur, James) |
| Filing 31 SECOND AMENDED COMPLAINT against MALIBU WELLNESS, INC., TOM G. PORTER, filed by ROBIN RANDALL.(JDH) |
Filing 30
ORDER - In response to Defendant Tom Porters Motion to Dismiss, [Filing No. 21], Plaintiff Robin Randall filed a Second Amended Complaint as Her Expedited Response to Defendant Porters Motion to Dismiss First Amended Complaint, [Filing No. 25]. Plaintiffs filing is a Second Amended Complaint filed pursuant to Fed. R. Civ. P. 15(a)(1)(B), which contains a lengthy footnote at the end addressing Mr. Porters Motion to Dismiss. [Filing No. 25.] The Court construes Plaintiffs filing as a Second Amended Complaint, and DIRECTS the Clerk to docket the filing, [Filing No. 25], as a Second Amended Complaint under a separate docket entry. The Second Amended Complaint shall be deemed as filed on the date of this Order, and Defendants shall answer or otherwise plead in accordance with the applicable rules. Additionally, Mr. Porters Motion to Dismiss, [Filing No. 21], is DENIED AS MOOT. Signed by Judge Jane Magnus-Stinson on 2/28/2020. (JDH)
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| Filing 29 NOTICE Preliminary Witness and Exhibit Lists, filed by Defendants MALIBU WELLNESS, INC., TOM G. PORTER (Shives, Jenna) |
| Filing 28 Witness List , preliminary, filed by Plaintiff ROBIN RANDALL, Exhibit List , preliminary, filed by Plaintiff ROBIN RANDALL. (Masur, James) |
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Filing 27
ORDER granting Parties' #26 Joint Motion to Vacate Settlement Conference scheduled for 2/12/2020. Settlement Conference RESET for 7/21/2020 01:30 PM (Eastern Time) in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. All deadlines and requirements set for in the Court's order of December 12, 2019, [Filing No. 18] remain in effect. Signed by Magistrate Judge Tim A. Baker on 1/31/2020.(SWM)
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| Filing 26 Joint MOTION to Vacate Settlement Conference, filed by Defendants MALIBU WELLNESS, INC., TOM G. PORTER. (Attachments: #1 Text of Proposed Order)(Shives, Jenna) |
| Filing 25 RESPONSE in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Second Amended Complaint, filed by Plaintiff ROBIN RANDALL. (Masur, James) |
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Filing 24
ORDER - As for Ms. Randalls request for a 28-day extension, given that Mr. Porter has not opposed Ms. Randalls Motion, the Court GRANTS the Motion, #23 , to the extent that Ms. Randalls response to Mr. Porters Motion to Dismiss is now due on or before February 3, 2020. The Court strongly cautions Ms. Randall, however, that in evaluating her response to the Motion to Dismiss, she should be mindful that, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff may amend her complaint once as a matter of course in response to a motion to dismiss. The Court does not have the judicial resources to rule on multiple motions to dismiss in the same case. All this to say that, should the Court grant the Motion to Dismiss, it is unlikely Ms. Randall will be afforded another opportunity to amend her Complaint. In short, if Ms. Randall wishes to take advantage of the automatic amendment provision in Rule 15(a)(1)(B), the time to do so is now. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 1/16/2020.(JDH)
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| Filing 23 NOTICE /Motion for (automatic) 28-day extension of time to file response, filed by Plaintiff ROBIN RANDALL, re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Text of Proposed Order Extending time to respond to the MTD the Second Amended Complaint) (Masur, James) |
| Filing 22 BRIEF/MEMORANDUM in Support re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant TOM G. PORTER. (Shives, Jenna) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant TOM G. PORTER. (Shives, Jenna) |
| Filing 20 ANSWER to #15 Amended Complaint , filed by MALIBU WELLNESS, INC..(Shives, Jenna) |
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Filing 19
ORDER granting #13 Motion to Appear pro hac vice. Attorney Brian A. Hartstein for MALIBU WELLNESS, INC. and TOM G. PORTER added. Signed by Magistrate Judge Tim A. Baker on 12/3/2019. (SWM)
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Filing 18
ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 2/12/2020 09:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Three business days before the scheduled conference, the parties shall submit (not file) to the Magistrate Judge a confidential settlement statement. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 12/3/2019.(SWM)
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Filing 17
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Parties appeared by counsel 12/3/2019, for an Initial Pretrial Conference. Dispositive Motions due by 10/10/2020. Discovery due by 8/10/2020. Defendants' motion to dismiss [Filing No. #7 ] is denied as moot. Defendants shall answer or otherwise respond to Plaintiff's complaint by December 16, 2019. Signed by Magistrate Judge Tim A. Baker on 12/3/2019.(SWM) (Additional attachment(s) added on 12/4/2019: #1 ESI Supplement to Case Management Plan) (SWM).
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Filing 16
ORDER - On October 17, 2019, Defendants Malibu Wellness, Inc. and Tom G. Porter, filed a Motion to Dismiss, [Filing No. 7]. Plaintiff Robin Randall moved for an extension of time to file a response to the Motion to Dismiss, and the Court granted Ms. Randall an extension to December 2, 2019 to file a response. [Filing No. 9; Filing No. 10.] Ms. Randall filed an Amended Complaint on November 30, 2019. [Filing No. 15.] Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff may amend his complaint once as a matter of course in response to a motion to dismiss. Fed. R. Civ. P. 15(a)(1)(B). Because Ms. Randall filed an Amended Complaint in response to Defendants' Motion to Dismiss, the Court finds that the Motion to Dismiss should be DENIED as moot. #7 Signed by Judge Jane Magnus-Stinson on 12/3/2019. (JDH)
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| Filing 15 AMENDED COMPLAINT , First, in response to Defendants' Motion to Dismiss (DKT#7), against All Defendants, filed by All Plaintiffs.(Masur, James) |
| Filing 14 CASE MANAGEMENT PLAN TENDERED, filed by Defendants MALIBU WELLNESS, INC., TOM G. PORTER . (Attachments: #1 Supplement Uniform CMP ESI Supplemental)(Shives, Jenna) |
| Filing 13 MOTION for Attorney(s) Brian Hartstein to Appear pro hac vice Receipt No. 0756-5743415 , filed by Defendants MALIBU WELLNESS, INC., TOM G. PORTER. (Attachments: #1 Text of Proposed Order)(Shives, Jenna) Modified on 12/2/2019 (REO). |
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Filing 12
ENTRY RESETTING INITIAL PRETRIAL CONFERENCE: IT IS HEREBY ORDERED by the Court that the above referenced cause is reassigned for an initial pretrial conference at 9:30 a.m. on December 3, 2019, in Room 234. All requirements set forth in the Court's order of October 30, 2019, [Docket No. 11] remain in effect. The initial pretrial conference set for November 25, 2019, is hereby VACATED. Signed by Magistrate Judge Tim A. Baker on 11/7/2019.(SWM)
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Filing 11
SCHEDULING ORDER: Initial Pretrial Conference set for 11/25/2019 10:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 10/30/2019.(SWM)
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Filing 10
ORDER granting #9 Motion for Extension of Time to File Response to 12/2/2019 re #7 MOTION to Dismiss . Signed by Magistrate Judge Tim A. Baker on 10/29/2019. (CBU)
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| Filing 9 First MOTION for Extension of Time to File Response to 12-2-2019 re #7 MOTION to Dismiss , filed by Plaintiff ROBIN RANDALL. (Attachments: #1 Text of Proposed Order order extending time to respond to motion to dismiss to 12-2-2019)(Masur, James) |
| Filing 8 BRIEF/MEMORANDUM in Support re #7 MOTION to Dismiss , filed by Defendants MALIBU WELLNESS, INC., TOM G. PORTER. (Shives, Jenna) |
| Filing 7 MOTION to Dismiss , filed by Defendants MALIBU WELLNESS, INC., TOM G. PORTER. (Shives, Jenna) |
| Filing 6 Submission of Additional State Court Records Received from Marion County Clerk Cause No. 49D07-1909-PL-038731. (Attachments: #1 Envelope).(MAC) |
| Filing 5 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 Corporate Disclosure Statement by MALIBU WELLNESS, INC. identifying Corporate Parent MALIBU WELLNESS, INC. for MALIBU WELLNESS, INC... (Shives, Jenna) |
| Filing 2 NOTICE of Appearance by Jenna M. Shives on behalf of Defendants MALIBU WELLNESS, INC., TOM G. PORTER. (Shives, Jenna) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D07-1909-PL-038731, filed by All Defendants. (Filing fee $400, receipt number 0756-5672126) (Attachments: #1 State Court Record (Docket Sheet, Appearance, Summons, Complaint), #2 State Court Complaint, #3 Civil Cover Sheet)(Shives, Jenna) |
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