Heitzman v. Calvert's Express Auto Service & Tire, LLC
Plaintiff: Jeremy Heitzman
Defendant: Calvert's Express Auto Service & Tire, LLC
Case Number: 2:2022cv02001
Filed: January 3, 2022
Court: US District Court for the District of Kansas
Presiding Judge: James P O'Hara
Referring Judge: Julie A Robinson
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2022 Opinion or Order Filing 46 CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Jeremy Heitzman. (Paul, Richard)
March 1, 2022 Opinion or Order Filing 45 CERTIFICATE OF SERVICE of Initial Disclosures by Calvert's Express Auto Service & Tire, LLC. (Moore, Stephen)
February 25, 2022 Opinion or Order Filing 44 SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 4/1/2022. See order for further details. Signed by Magistrate Judge James P. O'Hara on 2/25/22. (ss)
February 25, 2022 Opinion or Order Filing 43 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 2/25/2022. (AT&T conference line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
February 24, 2022 Opinion or Order Filing 42 ENTRY OF APPEARANCE by Steven Landes Rowe on behalf of Jeremy Heitzman (Rowe, Steven)
February 24, 2022 Opinion or Order Filing 41 ENTRY OF APPEARANCE by Ashlea G. Schwarz on behalf of Jeremy Heitzman (Schwarz, Ashlea)
February 23, 2022 Opinion or Order Filing 40 ORDER granting #39 Motion to Appear Pro Hac Vice of Carter T. Hastings for Jeremy Heitzman pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 2/23/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
February 23, 2022 Opinion or Order Filing 39 MOTION for attorney Carter T. Hastings to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5720744.) by Plaintiff Jeremy Heitzman (referred to Magistrate Judge James P. O'Hara) (Paul, Richard)
February 23, 2022 Opinion or Order Filing 38 NOTICE of Hearing CHANGE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Scheduling Conference set for 2/25/2022 at 10:00 AM by Telephone before Magistrate Judge James P. O'Hara. All parties participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
February 17, 2022 Opinion or Order Filing 37 ORDER granting #36 joint motion for extension of time for submission of the planning report and initial disclosures. The new deadline is February 22, 2022, at 8:00 a.m. Signed by Magistrate Judge James P. O'Hara on 2/17/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
February 17, 2022 Opinion or Order Filing 36 Joint MOTION for extension of time to Submit Report of Parties' Planning Conference and Initial Disclosures by Defendant Calvert's Express Auto Service & Tire, LLC (referred to Magistrate Judge James P. O'Hara) (Moore, Stephen)
February 16, 2022 Opinion or Order Filing 35 ORDER granting #33 Motion to Appear Pro Hac Vice of Austin W. Anderson for Plaintiff Jeremy Heitzman pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 2/16/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
February 16, 2022 Opinion or Order Filing 34 ORDER granting #32 Motion to Appear Pro Hac Vice of William Clifton Alexander for Plaintiff Jeremy Heitzman pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 2/16/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
February 16, 2022 Opinion or Order Filing 33 MOTION for attorney Austin W. Anderson to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5716807.) by Plaintiff Jeremy Heitzman (referred to Magistrate Judge James P. O'Hara) (Paul, Richard)
February 16, 2022 Opinion or Order Filing 32 MOTION for attorney William Clifton Alexander to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5716799.) by Plaintiff Jeremy Heitzman (referred to Magistrate Judge James P. O'Hara) (Paul, Richard)
February 15, 2022 Opinion or Order Filing 31 ENTRY OF APPEARANCE by Laura C. Fellows on behalf of Jeremy Heitzman (Fellows, Laura)
January 20, 2022 Opinion or Order Filing 30 ENTRY OF APPEARANCE by Richard M. Paul, III on behalf of Jeremy Heitzman (Paul, Richard)
January 19, 2022 Opinion or Order Filing 29 CORPORATE DISCLOSURE STATEMENT by Calvert's Express Auto Service & Tire, LLC identifying None as corporate parent . (Moore, Stephen)
January 19, 2022 Opinion or Order Filing 28 ANSWER to #1 Complaint, by Calvert's Express Auto Service & Tire, LLC.(Moore, Stephen)
January 11, 2022 Opinion or Order Filing 27 ORDER granting #26 unopposed motion for extension of time until January 19, 2022, for defendant to answer or otherwise respond to the complaint. Signed by Magistrate Judge James P. O'Hara on 1/11/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
January 10, 2022 Opinion or Order Filing 26 Unopposed MOTION for Extension of Time to File Answer by Defendant Calvert's Express Auto Service & Tire, LLC (referred to Magistrate Judge James P. O'Hara) (Moore, Stephen)
January 5, 2022 Opinion or Order Filing 25 INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 2/25/2022 at 11:00 AM by Telephone before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 2/17/2022. Rule 26 Initial Disclosures Deadline set for 2/17/2022. A copy of the initial scheduling order will be emailed to plaintiff's counsel by the courtroom deputy. All parties and counsel participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference. Signed by Magistrate Judge James P. O'Hara on 1/5/22. (ss)
January 5, 2022 Opinion or Order Filing 24 ORDER granting #9 motion for extension of time to file answer. No response to the motion was timely filed, and the motion is granted as unopposed. In light of the December 29, 2021 order entered by U.S. District Judge Fernando J. Gaitan, Jr. (ECF No. 20) granting the parties' joint motion to transfer venue of this case to this court from the Western District of Missouri, defendant's answer deadline is extended to January 12, 2022. Signed by Magistrate Judge James P. O'Hara on 01/05/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (srj)
January 5, 2022 Opinion or Order Filing 23 ORDER finding as moot #7 Motion to Dismiss. Per the parties' agreement as stated in the Joint Motion to Transfer Venue to this forum [Doc. 19], which was granted, the motion to dismiss is hereby moot. Signed by District Judge Julie A. Robinson on 1/5/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ams)
January 3, 2022 Opinion or Order Filing 22 Letter from the clerk to counsel regarding pro hac vice requirements. (hw)
January 3, 2022 Opinion or Order Filing 21 CASE TRANSFERRED IN from District of Missouri Western; Case Number 4:21-cv-00767. Electronic file certified copy of transfer order and docket sheet received. (hw)
December 29, 2021 Opinion or Order Filing 20 ORDER granting #19 motion to transfer venue. The case is transferred to the United States District Court for the District of Kansas for all further proceedings. Signed on 12/29/2021 by District Judge Fernando J. Gaitan, Jr. (Houston, Kiambu) [Transferred from Missouri Western on 1/3/2022.]
December 21, 2021 Opinion or Order Filing 19 Joint MOTION to reassign/transfer case Transfer Venue filed by Sarah Jane Hunt on behalf of Jeremy Heitzman. Suggestions in opposition/response due by 1/4/2022 unless otherwise directed by the court. (Hunt, Sarah) [Transferred from Missouri Western on 1/3/2022.]
December 15, 2021 Opinion or Order Filing 18 ORDER granting #17 motion to appear pro hac vice entered by Clerk of Court. Attorney William Clifton Alexander for Jeremy Heitzman allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 1/3/2022.]
December 14, 2021 Opinion or Order Filing 17 Motion to allow William Clifton Alexander to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7713238) filed by Sarah Jane Hunt on behalf of Jeremy Heitzman. (Hunt, Sarah) [Transferred from Missouri Western on 1/3/2022.]
December 14, 2021 Opinion or Order Filing 16 Before this Court is #15 PLAINTIFF'S SECOND UNOPPOSED MOTION TO EXTEND THE DEADLINE TO RESPOND TO #7 DEFENDANT'S MOTION TO DISMISS FOR FORUM NON CONVENIENS. Consent being stated, the motion is granted. Suggestions in opposition due by 12/21/2021. Signed on 12/14/21 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) [Transferred from Missouri Western on 1/3/2022.]
December 13, 2021 Opinion or Order Filing 15 MOTION for extension of time to file response/reply filed by Sarah Jane Hunt on behalf of Jeremy Heitzman. Suggestions in opposition/response due by 12/27/2021 unless otherwise directed by the court. (Hunt, Sarah) [Transferred from Missouri Western on 1/3/2022.]
December 3, 2021 Opinion or Order Filing 14 Before this Court is #12 PLAINTIFF'S UNOPPOSED MOTION TO EXTEND THE DEADLINE TO RESPOND TO DEFENDANT'S #7 MOTION TO DISMISS. Consent being stated, the motion is granted. Plaintiff shall file a responsive pleading on or before 12/14/2021. Signed on 12/3/21 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) [Transferred from Missouri Western on 1/3/2022.]
December 3, 2021 Opinion or Order Filing 13 Proposed MOTION for order filed by Sarah Jane Hunt on behalf of Jeremy Heitzman. Suggestions in opposition/response due by 12/17/2021 unless otherwise directed by the court. (Hunt, Sarah) [Transferred from Missouri Western on 1/3/2022.]
December 3, 2021 Opinion or Order Filing 12 MOTION for extension of time to file response/reply as to #7 MOTION to dismiss case for Forum Non Conveniens Based on Forum Selection Clause filed by Sarah Jane Hunt on behalf of Jeremy Heitzman. Suggestions in opposition/response due by 12/17/2021 unless otherwise directed by the court. (Related document(s) #7 ) (Hunt, Sarah) [Transferred from Missouri Western on 1/3/2022.]
December 3, 2021 Opinion or Order NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/3/21 as Document No. 13, Proposed Order. The proposed order has been deleted. Per Administrative Procedures any proposed orders are not to be filed on ECF and are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Diefenbach, Tracy) [Transferred from Missouri Western on 1/3/2022.]
December 1, 2021 Opinion or Order NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) [Transferred from Missouri Western on 1/3/2022.]
November 29, 2021 Opinion or Order Filing 11 RULE 16 NOTICE. Proposed scheduling order due by 1/12/2022. Rule 26 conference due by 12/29/2021. Signed on 11/29/21 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) [Transferred from Missouri Western on 1/3/2022.]
November 24, 2021 Opinion or Order Filing 10 NOTICE of appearance by Nicholas Porto on behalf of Calvert's Express Auto Service & Tire, LLC (Attorney Nicholas Porto added to party Calvert's Express Auto Service & Tire, LLC (pty:dft))(Porto, Nicholas) [Transferred from Missouri Western on 1/3/2022.]
November 23, 2021 Opinion or Order Filing 9 MOTION for extension of time to file answer filed by Stephen J. Moore on behalf of Calvert's Express Auto Service & Tire, LLC. Suggestions in opposition/response due by 12/7/2021 unless otherwise directed by the court. (Moore, Stephen) [Transferred from Missouri Western on 1/3/2022.]
November 23, 2021 Opinion or Order Filing 8 SUGGESTIONS in support re #7 MOTION to dismiss case for Forum Non Conveniens Based on Forum Selection Clause filed by Stephen J. Moore on behalf of Defendant Calvert's Express Auto Service & Tire, LLC. (Attachments: #1 Exhibit 1 - Declaration of Gary Calvert)(Related document(s) #7 ) (Moore, Stephen) [Transferred from Missouri Western on 1/3/2022.]
November 23, 2021 Opinion or Order Filing 7 MOTION to dismiss case for Forum Non Conveniens Based on Forum Selection Clause filed by Stephen J. Moore on behalf of Calvert's Express Auto Service & Tire, LLC. Suggestions in opposition/response due by 12/7/2021 unless otherwise directed by the court. (Attorney Stephen J. Moore added to party Calvert's Express Auto Service & Tire, LLC (pty:dft))(Moore, Stephen) [Transferred from Missouri Western on 1/3/2022.]
November 9, 2021 Opinion or Order Filing 6 RETURN OF SERVICE of complaint executed by Jeremy Heitzman. Calvert's Express Auto Service & Tire, LLC served on 11/2/2021, answer due 11/23/2021. (Hunt, Sarah) [Transferred from Missouri Western on 1/3/2022.]
November 7, 2021 Opinion or Order Filing 5 NOTICE of appearance by Sarah Jane Hunt on behalf of Jeremy Heitzman (Attorney Sarah Jane Hunt added to party Jeremy Heitzman(pty:pla))(Hunt, Sarah) [Transferred from Missouri Western on 1/3/2022.]
October 25, 2021 Opinion or Order SUMMONS ISSUED as to Calvert's Express Auto Service & Tire, LLC. (Woods, Gloria) [Transferred from Missouri Western on 1/3/2022.]
October 22, 2021 Opinion or Order Filing 4 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 1/3/2022.]
October 21, 2021 Opinion or Order Filing 3 NOTICE of appearance by Thomas E. Kennedy, III on behalf of Jeremy Heitzman (Kennedy, Thomas) [Transferred from Missouri Western on 1/3/2022.]
October 21, 2021 Opinion or Order Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Thomas E. Kennedy, III on behalf of Plaintiff Jeremy Heitzman.(Kennedy, Thomas) [Transferred from Missouri Western on 1/3/2022.]
October 21, 2021 Opinion or Order Filing 1 COMPLAINT against Calvert's Express Auto Service & Tire, LLC filed by Thomas E. Kennedy, III on behalf of Jeremy Heitzman. Filing fee $402, receipt number AMOWDC-7638599. Service due by 1/19/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Kennedy, Thomas) [Transferred from Missouri Western on 1/3/2022.]

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Plaintiff: Jeremy Heitzman
Represented By: Ashlea G. Schwarz
Represented By: Austin W. Anderson
Represented By: Carter T. Hastings
Represented By: Laura C. Fellows
Represented By: Richard M. Paul, III
Represented By: Steven Landes Rowe
Represented By: William Clifton Alexander
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Defendant: Calvert's Express Auto Service & Tire, LLC
Represented By: Nicholas J. Porto
Represented By: Stephen J. Moore
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