York et al v. Velox Express Inc
| Marshal Emmerling, Vanessa York and Matthew Moss |
| Velox Express Inc |
| 3:2018cv00481 |
| July 20, 2018 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| XX US, Outside State |
| Charles R Simpson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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Filing 49
ORDER Signed by Senior Judge Charles R. Simpson, III on 9/16/2018 granting #23 Motion to Stay. The matter is STAYED pending the court's ruling on the Defendant's Renewed Motion to Dismiss (DN 41). cc: Counsel (MEJ)
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Filing 48
ORDER Signed by Senior Judge Charles R. Simpson, III on 9/16/2018 granting #47 Motion for Extension of Time to File Response/Reply. Defendant shall have up to and including 10/1/2018 to file its reply in support of Defendant's Renewed Motion to Dismiss. cc: Counsel (MEJ)
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| Filing 47 Joint MOTION for Extension of Time to File Response/Reply In Support of Renewed Motion to Dismiss by Defendant Velox Express Inc (Attachments: #1 Proposed Order) (Dahlman, E.) |
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Filing 46
ORDER by Senior Judge Charles R. Simpson, III on 9/12/2018. Attorney Gallagher having not complied with the Local Rules for admission, and counsel having entered their appearance on behalf of the Defendant, IT IS HEREBY ORDERED that Gallagher is STRICKEN as counsel on behalf of the Defendant, and REMOVED from service. cc: Counsel, Matthew G. Gallegher (MEJ)
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| Filing 45 RESPONSE to Motion re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marshal Emmerling, Matthew Moss, Vanessa York. (Sanford, Joshua) |
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Filing 44
ORDER Signed by Senior Judge Charles R. Simpson, III on 8/22/2018 granting #43 Motion for Extension of Time: Plaintiffs shall have until 9/7/2018, to file their response to Defendant's Renewed Motion #41 to Dismiss. cc: Counsel (JM)
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| Filing 43 Joint MOTION for Extension of Time to File Response/Reply as to #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs Marshal Emmerling, Matthew Moss, Vanessa York (Attachments: #1 Proposed Order) (Sanford, Joshua) |
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Filing 42
TEXT ORDER by Senior Judge Charles R. Simpson, III on 8/6/2018, GRANTING Plaintiffs' #38 #39 Motions for Josh Sanford and Steve Rauls to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(RLK)
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| Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Velox Express Inc (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Williams, Matthew) |
| Filing 40 NOTICE of Appearance by Matthew C. Williams on behalf of Velox Express Inc (Williams, Matthew) |
| Filing 39 MOTION for Steve Rauls to Appear Pro Hac Vice Filing fee $ 125, receipt number L33056337. By Plaintiffs Marshal Emmerling, Matthew Moss, Vanessa York. (Attachments: #1 Proposed Order) (MEJ) Modified on 8/2/2018 (MEJ). |
| Filing 38 MOTION for Josh Sanford to Appear Pro Hac Vice Filing fee $ 125, receipt number L33056338. By Plaintiffs Marshal Emmerling, Matthew Moss, Vanessa York. (Attachments: #1 Proposed Order) (MEJ) Modified on 8/2/2018 (MEJ). |
| Filing 37 NOTICE of Appearance by E. Rachael Dahlman on behalf of Velox Express Inc (Dahlman, E.) |
| Filing 36 NOTICE of Appearance by Benjamin C. Fultz on behalf of Velox Express Inc (Fultz, Benjamin) |
| Filing 35 NOTICE of Deficiency as to Matthew G. Gallagher re #31 Case Transferred In - District Transfer.Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 8/6/2018. (MLG) |
| Filing 34 NOTICE of Deficiency as to Stephen Rauls re #31 Case Transferred In - District Transfer.Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 8/6/2018. (MLG) |
| Filing 33 NOTICE of Deficiency as to Joshua Sanford re #31 Case Transferred In - District Transfer.Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 8/6/2018. (MLG) |
| Filing 32 Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. Magistrate Judge designation: Colin H. Lindsay. (MLG) |
| Filing 31 Case transferred in from District of Arkansas Eastern; Case Number 4:17-cv-00562. Original file certified copy of transfer order and docket sheet received. (MLG) |
| Remark: Copy NEF Assignment has been sent to participating parties advising of the case transfer information. (MLG) |
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Filing 30
ORDER granting #5 Velox Express' motion to transfer venue; and directing the Clerk of the Court to transfer immediately this entire action to the District Court for the Western District of Kentucky. Signed by Judge Kristine G. Baker on 7/17/2018. (cmn) [Transferred from ared on 7/20/2018.]
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| Filing 29 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: STATUS CONFERENCE held on 7/10/2018. Court convened; The parties discussed status of case and options to proceed; The Court will enter orders on the pending motions. (Present for plaintiff: Joshua Sanford, Present for defendant: Matthew Gallagher) (Court Reporter Elaine Hinson) (tmw) [Transferred from ared on 7/20/2018.] |
| Filing 28 NOTICE of Hearing: Status Conference (via telephone) set for 7/10/2018 at 03:00 PM before Judge Kristine G. Baker. (tmw) [Transferred from ared on 7/20/2018.] |
| Filing 27 REPLY to Response to Motion re #21 MOTION to Certify Class Collective Action filed by All Plaintiffs. (Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 26 RESPONSE to Motion re #21 MOTION to Certify Class Collective Action filed by Velox Express Inc. (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 25 RESPONSE in Opposition re #23 MOTION to Stay filed by All Plaintiffs. (Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 24 BRIEF IN SUPPORT re #23 Motion to Stay filed by Velox Express Inc. (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 23 MOTION to Stay by Velox Express Inc (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 22 BRIEF IN SUPPORT re #21 Motion to Certify Class, filed by All Plaintiffs. (Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 21 MOTION to Certify Class Collective Action by All Plaintiffs (Attachments: #1 Exhibit 1 Proposed Notice, #2 Exhibit 2 Proposed Consent, #3 Exhibit 3 Proposed Postcard, #4 Exhibit 4 Proposed Email Text, #5 Exhibit 5 Proposed Electronic Consent, #6 Exhibit 6 Declaration of Sanford, #7 Exhibit 7 Declaration of York)(Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 20 FINAL SCHEDULING ORDER: Bench Trial set for sometime during the week of 11/5/2018 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Discovery due by 8/22/2018; Motions due by 9/6/2018; Pretrial Disclosure Sheet due by 10/15/2018; Status Report due by 9/6/2018. Signed at the direction of the Court on 01/17/2018. (tmw) [Transferred from ared on 7/20/2018.] |
| Filing 19 REPORT of Rule 26(f) Planning Meeting by Marshal Emmerling, Matthew Moss, Vanessa York. Joint Report (Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 18 RESPONSE in Support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Velox Express Inc. (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 17 RESPONSE in Support re #5 MOTION to Transfer Case filed by Velox Express Inc. (Attachments: #1 Exhibit 1 - J. Edge Independent Contractor Agreement)(Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
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Filing 16
ORDER granting #13 , #14 both motions for leave to file replies. Velox has up to and including 1/10/2018 to file their replies. Signed by Judge Kristine G. Baker on 12/27/2017. (cmn) [Transferred from ared on 7/20/2018.]
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| Filing 15 NOTICE OF DOCKET CORRECTION re #13 MOTION for Leave to File Reply in Support of Motion to Transfer Venue. CORRECTION: The original exhibit A was not submitted with docket entry #13 . Exhibit A was added to docket entry #13 based on the attached correspondence. (jak) [Transferred from ared on 7/20/2018.] |
| Filing 14 MOTION for Leave to File Reply in Support of Rule 12(b)(6) Motion to Dismiss by Velox Express Inc (Attachments: #1 Exhibit A (proposed Reply in Support of Motion to Dismiss))(Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 13 MOTION for Leave to File Reply in Support of Motion to Transfer Venue by Velox Express Inc (Attachments: #1 Exhibit A (Proposed Ds Reply in Support of Motion to Transfer Venue))(Gallagher, Matthew) (Additional attachment(s) added on 10/26/2017: #2 Exhibit A) (jak). [Transferred from ared on 7/20/2018.] |
| Filing 12 NOTICE by All Plaintiffs Consents to Join of Edge, Emmerling, Moss and York (Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 11 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 12/22/2017; Rule 26(f) Report due by 1/5/2018; Bench Trial set for sometime during the week of 11/5/2018 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 10/23/2017. (tmw) [Transferred from ared on 7/20/2018.] |
| Filing 10 RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 9 RESPONSE in Opposition re #5 MOTION to Transfer Case filed by All Plaintiffs. (Attachments: #1 Exhibit 1 NLRB Decision)(Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 8 BRIEF IN SUPPORT re #7 Motion to Dismiss for Failure to State a Claim filed by Velox Express Inc. (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Velox Express Inc (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 6 BRIEF IN SUPPORT re #5 Transfer Case filed by Velox Express Inc. (Attachments: #1 Exhibit A - Vanessa York Independent Contractor Agreement, #2 Exhibit B - Matthew Moss Independent Contractor Agreement, #3 Exhibit C - Marshall Emmerling Independent Contractor Agreement)(Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 5 MOTION to Transfer Case by Velox Express Inc (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 4 Corporate Disclosure Statement (Rule 7.1) by Velox Express Inc (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 3 NOTICE of Appearance by Matthew G. Gallagher on behalf of Velox Express Inc (Gallagher, Matthew) [Transferred from ared on 7/20/2018.] |
| Filing 2 SUMMONS Returned Executed by Vanessa York, Marshal Emmerling, Matthew Moss. Velox Express Inc served on 9/10/2017. (Sanford, Joshua) [Transferred from ared on 7/20/2018.] |
| Filing 1 ORIGINAL COMPLAINT- COLLECTIVE ACTION against Velox Express Inc filed by Vanessa York, Marshal Emmerling, and Matthew Moss. (Fee $400. Receipt Number LIT063469.) Summons issued and returned to counsel for service. (Attachments: #1 Civil Cover Sheet)(mef) [Transferred from ared on 7/20/2018.] |
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