Johnson v. Labtox, LLC et al
| Angel Johnson |
| Labtox, LLC, Mountain Comprehensive Care Center, Inc. and Kenneth Stein |
| 5:2022cv00019 |
| January 27, 2022 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
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Filing 50
ORDER: 1. The parties' joint motion for reconsideration [Record No. #49 ] is GRANTED. 2. The proposed Second Amended Settlement Agreement is APPROVED. 3. This matter is DISMISSED, with prejudice, and STRICKEN from the docket. No attorney fees or costs are awarded, except as provided in the Second Amended Settlement Agreement. Signed by Judge Danny C. Reeves on 11/29/22.(JLM)cc: COR and atty Braddy by U.S. mail. Modified on 11/29/2022 (JLM).
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Filing 49
JOINT MOTION for Reconsideration by Angel Johnson of Settlement Approval and Dismissal with Prejudice (Attachments: #1 Exhibit Ex. 1 - Amended Settlement Agreement and Release, #2 Exhibit Ex. 2 - Declaration of Clif Alexander, #3 Proposed Order Proposed Order)(Alexander, Clifton)
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Filing 48
MEMORANDUM ORDER: 1. The parties' #46 JOINT MOTION for settlement approval is DENIED; 2. On or before 11/29/2022, the parties are directed to conduct meeting required by Rule 26(f) to develop a proposed discovery plane. Parties directed to file a written joint report by 12/13/2022; 3. Parties' joint written report should include the information listed here in this order. Signed by Judge Danny C. Reeves on 12/15/2022. (Attachments: #1 Magistrate Consent Form)(KM)cc: COR
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Filing 47
NOTICE TO ATTORNEY Lauren Braddy by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Rule 83.1, #2 Rule 83.2)(SAM)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #46 JOINT MOTION Renewed Motion for Settlement Approval and Dismissal with Prejudice by Angel Johnson, Labtox LLC, Mountain Comprehensive Care Center, Inc., and Kenneth Stein (SAM)
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Filing 46
JOINT MOTION Renewed Motion for Settlement Approval and Dismissal with Prejudice by Angel Johnson, Labtox LLC, Mountain Comprehensive Care Center, Inc., and Kenneth Stein (Attachments: #1 Exhibit 1 - Amended Settlement Agreement, #2 Exhibit 2 - Declaration of Clif Alexander, #3 Proposed Order Proposed Order)(Alexander, Clifton) Modified filers and text on 11/14/2022 (SAM).
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Filing 45
MEMORANDUM OPINION & ORDER: 1. #44 JOINT MOTION for Settlement Approval is DENIED; 2. w/in 14 days, parties directed to tender a status report or a renewed joint motion for settlement approval consistent with this Memorandum Opinion and Order. Signed by Judge Danny C. Reeves on 11/1/2022.(STC)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #44 JOINT MOTION for Settlement Approval and Dismissal with Prejudice by Angel Johnson (SAM)
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Filing 44
JOINT MOTION for Settlement Approval and Dismissal with Prejudice by Angel Johnson, Labtox, LLC, Mountain Comprehensive Care Center, Inc. and Kenneth Stein (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Declaration of Clif Alexander, #3 Proposed Order Proposed Order)(Alexander, Clifton) Modified filers and text on 10/31/2022 (SAM).
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Filing 43
ORDER: 1. denying without prejudice #40 Renewed Motion to Strike by Mountain Comprehensive Care Center, Inc., Kenneth Stein; 2. denying without prejudice #41 Defendant LabTox, LLC's Renewed Motion to Strike; 3. All deadlines previously set in this matter are STAYED, pending further orders of the Court. 4. This matter remains pending for consideration of subsequent motions to approve the parties settlement. Signed by Judge Danny C. Reeves on 9/8/22. (JLM)cc: COR
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Filing 42
NOTICE of Settlement by Angel Johnson (Alexander, Clifton)
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Filing 41
MOTION for Joinder re #40 Renewed MOTION to Strike #21 Amended Complaint by Mountain Comprehensive Care Center, Inc., Kenneth Stein (RENEWED Motion to Strike) filed by Labtox, LLC. (Attachments: #1 Proposed Order)(Effinger, Cynthia) Modified text on 9/2/2022 (KJR).
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Filing 40
RENEWED MOTION to Strike pla's #21 Amended Complaint by Mountain Comprehensive Care Center, Inc., Kenneth Stein. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Weatherholt, Timothy) Modified text on 9/2/2022 (KJR).
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Filing 39
ORDER: It is ORDERED that the parties' #38 Joint Motion to Extend the Stay is DENIED. Signed by Judge Danny C. Reeves on 9/1/2022.(KM)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #38 JOINT MOTION for Extension of Time by Mountain Comprehensive Care Center, Inc., Kenneth Stein of Stay (KJR)
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Filing 38
JOINT MOTION for Extension of Time by Mountain Comprehensive Care Center, Inc., Kenneth Stein of Stay (Attachments: #1 Proposed Order)(Weatherholt, Timothy)
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Filing 37
ORDER: It is ORDERED that the Plaintiff's #36 MOTION to Withdraw #35 RESPONSE is GRANTED. Signed by Judge Danny C. Reeves on 6/6/2022.(KM)cc: COR
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Filing 36
MOTION to Withdraw #35 RESPONSE by Angel Johnson (Attachments: #1 Proposed Order)(Alexander, Clifton)
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Filing 35
WITHDRAWN - RESPONSE to #28 #30 Dfts' Motions to Strike Collective/Class Action Claims filed by Angel Johnson. (Alexander, Clifton) Modified text on 6/6/2022 (KJR). Modified text pursuant to #37 Order on 6/6/2022 (KM).
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Filing 34
ORDER: (1) GRANTING pla's #33 UNOPPOSED MOTION to Stay; matter is STAYED until 9/1/22; (2) DENYING without prejudice dfts' motions #28 #30 MOTIONS to Strike; (3) if parties fail to reach a settlement, dfts may renew motions to strike on 9/1/22; pla must then respond within 7 days (with no extensions); reply will be due within 14 days thereafter (with no extensions); (4) status report or notice of settlement due by 8/31/22. Signed by Judge Danny C. Reeves on 6/3/22.(KJR)cc: COR
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Filing 33
UNOPPOSED MOTION to Stay by Angel Johnson (Attachments: #1 Proposed Order)(Alexander, Clifton)
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Filing 32
ORDER: It is ORDERED that the #31 UNOPPOSED MOTION for Extension of Time to File Response/Reply is GRANTED. The parties are cautioned that the undersigned does not anticipate granting future requests for extensions of time to respond to the pending motions. Signed by Judge Danny C. Reeves on 5/24/2022.(KM)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #31 UNOPPOSED MOTION for Extension of Time to File Response/Reply by Angel Johnson to Defendants' Motion to Strike (KM)
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Filing 31
UNOPPOSED MOTION for Extension of Time to File Response/Reply by Angel Johnson to Defendants' Motion to Strike (Attachments: #1 Proposed Order)(Alexander, Clifton)
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Filing 30
MOTION to Strike #28 MOTION to Strike #21 Amended Complaint by Mountain Comprehensive Care Center, Inc., Kenneth Stein by Labtox, LLC (Attachments: #1 Proposed Order)(Effinger, Cynthia) Modified text on 6/6/2022 (KJR).
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Filing 29
ANSWER to #21 Amended Complaint by Labtox, LLC.(Effinger, Cynthia)
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Filing 28
MOTION to Strike #21 Amended Complaint by Mountain Comprehensive Care Center, Inc., Kenneth Stein (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Goatley, Paul) Modified text on 6/6/2022 (KJR).
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Filing 27
ANSWER to #21 Amended Complaint by Mountain Comprehensive Care Center, Inc., Kenneth Stein.(Goatley, Paul)
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Filing 26
VIRTUAL ORDER: granting #25 UNOPPOSED MOTION for Extension of Time to File Answer by Labtox, LLC. Signed by Judge Danny C. Reeves on 4/22/2022.(KM)cc: COR
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Filing 25
UNOPPOSED MOTION for Extension of Time to File Answer by Labtox, LLC (Attachments: #1 Proposed Order)(Morgan, Daniel)
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Filing 24
ORDER: granting #23 Joint Motion for Extension of Time to Answer. The deadline for responding to the Amended Complaint is extended to Friday, April 22, 2022. Signed by Judge Danny C. Reeves on 4/4/22. (JLM)cc: COR
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Filing 23
UNOPPOSED MOTION for Extension of Time to File Answer re #21 Amended Complaint by Labtox, LLC, Mountain Comprehensive Care Center, Inc., Kenneth Stein (DEFENDANTS' JOINT MOTION) (Attachments: #1 Proposed Order)(Goatley, Paul)
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Filing 22
ORDER: 1. Defendant Labtox, LLC's #9 MOTION to Dismiss is DENIED, as moot; 2. Defendant's Mountain Comprehensive Care Center, Inc. and Kenneth Steins' #12 MOTION to Dismiss is DENIED, as moot. Signed by Judge Danny C. Reeves on 3/28/2022.(KM)cc: COR
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Filing 21
AMENDED COMPLAINT against Labtox, LLC, Mountain Comprehensive Care Center, Inc., Kenneth Stein, filed by Angel Johnson.(Alexander, Clifton)
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Filing 20
FRCP 7.1 DISCLOSURE STATEMENT by Labtox, LLC. (Morgan, Daniel)
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Filing 19
VIRTUAL ORDER: MOTION for William Clifton Alexander to Appear Pro Hac Vice by Angel Johnson ( Filing fee $125; receipt number AKYEDC-5209226). Signed by Judge Danny C. Reeves on 3/8/2022. (KM)cc: CORand Clif Alexander by US Mail
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Filing 18
VIRTUAL ORDER: granting #15 Motion to Appear Pro Hac Vice for Austin Winters Anderson. Signed by Judge Danny C. Reeves on 3/8/22. (JLM)cc: COR
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Filing 17
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Cynthia Effinger. #9 MOTION to Dismiss by Labtox, LLC has been filed by Labtox, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (KM)
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BAR STATUS Check completed as to Clif Alexander re #16 MOTION for William Clifton Alexander to Appear Pro Hac Vice by Angel Johnson (Filing fee $125; receipt number AKYEDC-5209226). (KM)
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BAR STATUS Check completed as to Austin W. Anderson re #15 MOTION for Austin Winters Anderson to Appear Pro Hac Vice by Angel Johnson (Filing fee $125; receipt number AKYEDC-5209210). (KM)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #16 MOTION for William Clifton Alexander to Appear Pro Hac Vice by Angel Johnson (Filing fee $125; receipt number AKYEDC-5209226), #15 MOTION for Austin Winters Anderson to Appear Pro Hac Vice by Angel Johnson (Filing fee $125; receipt number AKYEDC-5209210) (KM)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Austin Winters Anderson: re 18 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Austin Winters Anderson (JLM)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Clif Alexander: re 19 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Clif Alexander (KM)
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Filing 16
MOTION for Clif Alexander to Appear Pro Hac Vice by Angel Johnson ( Filing fee $125; receipt number AKYEDC-5209226) (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing)(Gilday, Anne) Modified text on 3/8/2022 (KM).
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Filing 15
MOTION for Austin Winters Anderson to Appear Pro Hac Vice by Angel Johnson ( Filing fee $125; receipt number AKYEDC-5209210) (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing)(Gilday, Anne)
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Filing 14
NOTICE OF APPEARANCE by Labtox, LLC. (Morgan, Daniel)
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Filing 13
CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Mountain Comprehensive Care Center, Inc.. (Goatley, Paul)
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Filing 12
MOTION to Dismiss for failure to state a claim by Mountain Comprehensive Care Center, Inc., Kenneth Stein , OR IN THE ALTERNATIVE, MOTION to Strike #1 Complaint by Mountain Comprehensive Care Center, Inc., Kenneth Stein (Attachments: #1 Memorandum in Support, #2 Affidavit Exhibit 1 - Ken Stein Affidavit, #3 Exhibit 2 - LabTox 2022 Corp. Filing, #4 Exhibit 3 - MCCC 2021 Corp. Filing, #5 Proposed Order re Motion to Dismiss, #6 Proposed Order re Motion to Strike)(Goatley, Paul)
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Filing 11
NOTICE of Appearance by Timothy J. Weatherholt on behalf of Mountain Comprehensive Care Center, Inc., Kenneth Stein (Weatherholt, Timothy)
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Filing 10
NOTICE of Appearance by Paul E. Goatley on behalf of Mountain Comprehensive Care Center, Inc., Kenneth Stein (Goatley, Paul)
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Filing 9
MOTION to Dismiss by Labtox, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit SOS info for LabTox and MCCC, #3 Exhibit Declaration of Alyssa Nicholas, #4 Exhibit Narjes v. Absolute Health Svcs, Inc. case, #5 Exhibit Perkins v. Am. Spotting Co. of Ohio, Inc. case, #6 Proposed Order)(Effinger, Cynthia)
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Filing 8
ORDER: Austin W. Anderson and Clif Alexander are TERMINATED as counsel of record for the plaintiff and are not permitted to make future filings in this matter without first gaining admission to practice in this Court. Signed by Judge Danny C. Reeves on 3/4/22.(JLM)cc: COR and Clif Alexander and Austin W. Anderson by US Mail
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #4 Notice to Attorneys Clif Alexander and Austin W. Anderson (JER)
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Filing 7
SUMMONS Returned Executed by Angel Johnson via personal service to Mountain Comprehensive Care Center, Inc. served on 2/14/2022, answer due 3/7/2022. (Gilday, Anne)
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Filing 6
SUMMONS Returned Executed by Angel Johnson via personal service to Kenneth Stein served on 2/14/2022, answer due 3/7/2022. (Gilday, Anne)
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Filing 5
SUMMONS Returned Executed by Angel Johnson via personal service to Labtox, LLC served on 2/11/2022, answer due 3/4/2022. (Gilday, Anne)
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Conflict Check run. (JER)
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Filing 4
NOTICE TO ATTORNEY Clif Alexander and Austin W. Anderson by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Notice to Atty Anderson, #2 83.1 and 83.2 packet)(JER)
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Filing 3
Summons Issued as to All Defendants ; Summons issued and returned to counsel electronically (Attachments: #1 Summons -LabTox, #2 Summons -MCCC)(JER)
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Filing 1
COMPLAINT ( Filing fee $402; receipt number AKYEDC-5178387), filed by Angel Johnson. (Attachments: #1 Summons -Stein, #2 Summons -LabTox, #3 Summons -MCCC, #4 Exhibit -Consent to Join Wage Claim, #5 Civil Cover Sheet)(JER)
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