Nethercutt v. 32nd Street Used Tires, Inc. et al
Plaintiff: Carissa Nethercutt
Defendant: 32nd Street Used Tires, Inc. and Steven M. Dalton
Case Number: 0:2022cv00066
Filed: August 19, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: David L Bunning
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Denial of Overtime Compensation
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2022 Filing 12 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/12/2022. before Magistrate Judge Edward B. Atkins: 1) a Settlement Conf. is SCHEDULED for Thursday, 12/8/22 at 1:00 p.m. in Ashland, Ky; 2) NLT 12/1/22, counsel shall submit confidential statements specifying their respective settlement positions. Said stmts shall be transmitted by email to atkins_chambers@kyed.uscourts.gov and shall not exceed 5 pages; 3) ounsel is directed to have their respective clients present in person at the conference. (Tape #KYED-PIK_0-22-cv-66_20221012_125934.) Signed by Atkins. (JLS)cc: COR
October 12, 2022 Set Deadlines/Hearings: SETTLEMENT CONFERENCE set for 12/8/2022 at 01:00 PM in ASHLAND before Magistrate Judge Edward B. Atkins. (JLS)
October 7, 2022 Opinion or Order Filing 11 ORDER: IT IS ORDERED that the parties shall appear telephonically before the undersigned for a Telephonic Conference to appear ON THE RECORD originating from Pikeville, on Wednesday, October 12, 2022 at 1:00 pm. The parties' counsel shall access the conference by calling Microsoft Teams Audioconferencing at 606-371-5577 and entering the Phone Conference ID 359 588 617 (followed by #). Signed by Magistrate Judge Edward B. Atkins on 10/7/22.(KSS)cc: COR, Pikeville Diary
October 5, 2022 Filing 10 JOINT REPORT of Rule 26(f) Planning Meeting. (Foster, Mark) Modified on 10/5/2022 to add filers (JLS).
October 5, 2022 ***FILE SUBMITTED TO CHAMBERS of Bunning for review: #10 Report of Rule 26(f) Planning Meeting. (JLS)
September 20, 2022 Opinion or Order Filing 9 ORDER FOR MEETING AND REPORT: W/i 21 days parties meet; 2) w/i 10 days thereafter filed joint report; 3) should joint report not be possible, each party shall file individual reports.. Signed by Judge David L. Bunning on 9/20/22. (Attachments: #1 Consent Form)(JLS)cc: COR
September 20, 2022 ***FILE SUBMITTED TO CHAMBERS of Bunning for review and meeting and report Order. (JLS)
September 19, 2022 Filing 8 NOTICE OF FILING by 32nd Street Used Tires, Inc. Corporate Disclosure Statement (Latherow, Leigh)
September 19, 2022 Filing 7 ANSWER to #1 Complaint, with Jury Demand by 32nd Street Used Tires, Inc., Steven M. Dalton.(Latherow, Leigh)
August 31, 2022 Filing 6 SUMMONS Returned Executed by Carissa Nethercutt via Service on Registered Agent by Boyd County Deputy Sheriff to 32nd Street Used Tires, Inc. served on 8/28/2022, answer due 9/19/2022. (Foster, Mark)
August 31, 2022 Filing 5 SUMMONS Returned Executed by Carissa Nethercutt via Hand Delivery by Boyd County Sheriff Deputy to Steven M. Dalton served on 8/28/2022, answer due 9/19/2022. (Foster, Mark)
August 19, 2022 Filing 4 Summons Issued as to 32nd Street Used Tires, Inc., Steven M. Dalton; Summons issued and returned to counsel electronically for service (KSS)
August 19, 2022 Opinion or Order Filing 3 STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Ashland to supervise discovery and pretrial proceedings. 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; (3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 8/15/22.(KSS)cc: COR
August 19, 2022 Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5343401), filed by Carissa Nethercutt. (Attachments: #1 Exhibit 1-Plaintiff's Consent Pursuant to 29 USC 216(b), #2 Exhibit 2-Paystub for 11/14/21 - 11/20/21, #3 Summons 32nd Street Used Tires, Inc., #4 Summons Steven M. Dalton, #5 Civil Cover Sheet)(KSS)
August 19, 2022 Conflict Check run. (KSS)

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Plaintiff: Carissa Nethercutt
Represented By: Mark N. Foster
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Defendant: 32nd Street Used Tires, Inc.
Represented By: Leigh Gross Latherow
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Defendant: Steven M. Dalton
Represented By: Leigh Gross Latherow
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