Carter et al v. Paschall Truck Lines, Inc.. et al
| GALE CARTER, FORBES HAYES, Damian Mataraza, Lakendal Harris and Dwight Martin |
| ECN FINANCIAL LLC, ELEMENT TRANSPORTATION, LLC, PNC Equipment Finance, LLC, JOHN DOES 1-20, Paschall Truck Lines, Inc., ECN Capital Corp., 19th Capital Group, LLC and Element Fleet Management Corp. |
| 5:2018cv00041 |
| March 20, 2018 |
| US District Court for the Western District of Kentucky |
| Paducah Office |
| XX US, Outside State |
| Benjamin Beaton |
| Lanny King |
| Thomas B Russell |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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Filing 279
MOTION to Compel Discovery Responses by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Proposed Order) (Eckhart, James)
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Filing 278
Invoice Pro Hac Vice Renewal Fee - This Court entered General Order 23-11 on July 14, 2023, regarding pro hac vice admission. Lawyers admitted pro hac vice must pay an annual, per case renewal fee of $150.00 until the within action is either concluded or the attorney has withdrawn, whichever is earlier. Failure to pay the renewal fee within forty-five (45) days of the date of this Notice will result in the attorney being suspended from appearing in any action in front of this Court. A Notice of Pro Hac Vice Renewal Payment must be electronically filed in the within action at the time of payment, using the event Pro Hac Vice Renewal Payment. If you have any questions, please contact the District Court Clerk's Office at PHV@kywd.uscourts.gov re #209 Order on Motion to Appear Pro Hac Vice - Karen Butler Reisinger. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (KJA)
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Filing 277
Objection to #275 Order on #272 Motion For Order Regarding Opt-In Plaintiff Discovery filed by Paschall Truck Lines, Inc.. (Eckhart, James).
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Filing 276
NOTICE of Deficiency re #269 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: Failure to register electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 10/20/2023. (MLG)
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Filing 275
OPINION AND ORDER Signed by Magistrate Judge Lanny King on 9/29/2023. The Court DENIES Defendant's Motion for Order Regarding Opt-In Plaintiff Discovery DN #272 WITHOUT PREJUDICE. cc: Counsel (JM)
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Filing 274
REPLY re #272 MOTION For Order Regarding Opt-In Plaintiff Discovery filed by Paschall Truck Lines, Inc.. (Eckhart, James)
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Filing 273
RESPONSE to Motion re #272 MOTION For Order Regarding Opt-In Plaintiff Discovery filed by Gale Carter. (Attachments: #1 Exhibit 1 - Application Information) (Boyette, Joshua)
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Filing 272
MOTION For Order Regarding Opt-In Plaintiff Discovery by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Affidavit of James A. Eckhart in Support of Motion for Order Regarding Opt-in Plaintiff Discovery, #2 Proposed Order) (Eckhart, James)
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Filing 271
Notice of Filing Official Transcript re #270 Transcript - Court Official. Please review the complete Notice for instructions. (TT)
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Filing 270
FILING OF OFFICIAL TRANSCRIPT of Telephonic Hearing held on 4/13/2023, before Judge Benjamin Beaton. Court Reporter Terri Turner, Telephone number 270-415-6417. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2023. Redacted Transcript Deadline set for 7/13/2023. Release of Transcript Restriction set for 9/11/2023. (TT)
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Filing 269
ORDER Signed by Magistrate Judge Lanny King on 6/9/2023 granting #268 Motion for Attorney Megan R. Escobosa to Appear Pro Hac Vice. cc: Counsel (JM)
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Filing 268
MOTION for Megan R. Escobosa to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3822583. by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Proposed Order Granting Admission) (Sims, Van)
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Filing 267
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE signed by Magistrate Judge Lanny King on 6/6/2023 granting #266 Motion to Withdraw as Attorney. The appearance of E. Ashley Paynter on behalf of Defendant Paschall Truck Lines, Inc. is withdrawn. The Clerk shall now show the appearance of E. Ashley Paynter withdrawn as of the date of this Order. cc: Counsel (SRH)
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Filing 266
MOTION to Withdraw as Attorney . (Continue to receive notice:No) by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Proposed Order) (Paynter, Elizabeth)
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Filing 265
TEXT ORDER: The Court approves the proposed agreed scheduling order (DN #264 ) and sets the following deadlines: the parties must complete fact discovery by 12/31/23, submit any expert reports by 3/1/24, submit any rebuttal expert reports by 5/1/24, complete expert discovery by 6/1/24, and file any motion regarding certification or summary judgment by 6/1/24. The Court anticipates setting a trial date within 6 months after the close of expert discovery or the resolution of dispositive motions, whichever occurs later. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 264
Proposed Agreed Order (Scheduling) by Paschall Truck Lines, Inc.. (Paynter, Elizabeth)
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Filing 263
TEXT ORDER: The Court held a hearing on 4/13/23 regarding Carter's proposed agreed order dismissing EFMC from this case (DN #259 ) and the next steps in the litigation. The Court acknowledges the dismissal of EFMC only from this case in accordance with Fed. R. Civ. P. 41, and orders the remaining parties to file a proposed scheduling order no later than 4/20/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Court Reporter: Terri Turner.)(TIC: 0/15) cc: counsel (JM)
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Filing 262
TEXT ORDER: Due to a conflict in the Court's calendar, the Court reschedules the hearing set for 4/4/23 to 4/13/23 at 10:00 a.m. CT. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 261
TEXT ORDER: The Court would like to set a telephonic hearing for 4/4/23 at 11:30 a.m. Eastern. The hearing will address the proposed agreed order to dismiss EFMC (DN #259 ), and the next steps in the litigation. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. Should counsel need to reschedule this conference to avoid a conflict, please contact opposing counsel and propose at least two mutually convenient alternative windows by contacting chambers at Judge_Beaton_Chambers@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 260
Opinion & Order: The Court issues this opinion and order regarding its prior ruling on summary judgment and class certification (DN 254 ). cc: counsel (JM)
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Filing 259
Proposed Agreed Order by Gale Carter. (Boyette, Joshua)
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Filing 258
Notice of Filing Official Transcript re #257 Transcript - Court Official,,. Please review the complete Notice for instructions. (RB)
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Filing 257
FILING OF OFFICIAL TRANSCRIPT of Telephonic motion hearing held on September 28, 2022, before Judge Benjamin J. Beaton. Court Reporter Rebecca S. Boyd, Telephone number (502) 625-3777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/2/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/10/2023. (RB)
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Filing 256
TRANSCRIPT of Hearing Proceedings held on 09/28/2022 before Judge Beaton. Court Reporter: Becky Boyd. by Paschall Truck Lines, Inc.. (Eckhart, James)
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Filing 255
TEXT ORDER: The Plaintiff previously filed a motion to certify a class (DN #178 ), which was then superseded by an amended motion for class certification (DN #218 ). In light of the Plaintiff's decision to amend the original motion, and the Court's subsequent decision to deny that amended motion (DN 254 ), the Court denies the original motion to certify (DN #178 ) as moot. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 254
TEXT ORDER: The Court held a hearing on 9/28/22 regarding several motions pending in this case. All parties agreed on the record that Hays should be dismissed, so the Court dismisses Hays from the case under Fed. R. Civ. P. 21. The Court grants, without opposition, PTL's motion for leave to submit supplemental authority (DN #249 ) and PTL's motion for a hearing (DN #240 ). The Court grants in part PTL's motion for partial summary judgment (DN #177 ) with respect to Carter's claims under the Trafficking Victims Protection Act and 49 C.F.R. 376.12(a), (c)(1), (e), (f), (h), and (i). The Court denies that motion in part with respect to 49 C.F.R. 376.12(d) and (g). The Court denies Carter's motion for class certification (DN #218 ), which the Court construed as applying to PTL only. The Court grants in part Carter's cross-motion for relief under Rule 56(d) (DN #245 ) with respect to Carter's claim under the Trafficking Victims Protection Act against Element Fleet Management Corp., and denies that motion in part with respect to Carter's unjust-enrichment claim against Element Fleet Management Corp. The Court correspondingly denies in part and without prejudice Element Fleet Management Corp.'s motion for summary judgment (DN #241 ) with respect to Carter's Trafficking Victims Protection Act claim, and grants it in part (and without opposition) with respect to his unjust-enrichment claim. The Court orders the parties to confer and affords Carter 60 days from the date of this order to complete discovery on his remaining claim against Element Fleet Management Corp. Element Fleet Management may file a new summary-judgment motion, if it chooses, within 90 days of the date of this order. A written opinion will follow. (Court Reporter: Becky Boyd.)(TIC: 1/51) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 253
REVISED TEXT ORDER: The Court grants Defendant PTL's motion for a hearing (DN #240 ), and sets a hearing for 9/28/2022 at 10:15 a.m. Eastern. The teleconference will address the pending motions in this case, and any other issues ripe for the Court's review. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (SMJ)
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Filing 252
TEXT ORDER: Judge Beaton would like to schedule a telephonic hearing for 9/28/2022 at 10:15 a.m. Eastern. The teleconference will address the pending motions in this case, and any other issues ripe for the Court's review. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (SMJ)
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Filing 251
ORDER Signed by Magistrate Judge Lanny King on 3/10/2022 granting #250 Motion for Travis Martindale-Jarvis to Withdraw as Attorney. cc: Counsel (JM)
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Filing 250
MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Plaintiff Gale Carter (Attachments: #1 Proposed Order, #2 Exhibit Ex. 1 - Plaintiff's Executed Consent Form) (Martindale-Jarvis, Travis)
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Filing 249
MOTION for Leave to Submit Supplemental Authority by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit A - Dinsay v. RN Staff Inc., #2 Proposed Order) (Paynter, Elizabeth)
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Filing 248
ORDER by Magistrate Judge Lanny King on 2/17/2022. Counsel for the Plaintiff has 14 days from the filing of this order to file an appropriate notice or motion that conforms to LR 83.6, or Attorney Martindale-Jarvis will be reinstated as counsel of record for the Plaintiff. cc: counsel (JM)
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Filing 247
Letter from Travis Martindale-Jarvis by Gale Carter, Lakendal Harris, Forbes Hayes, Dwight Martin, Damian Mataraza. (Martindale-Jarvis, Travis)
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Filing 246
REPLY to Response to Motion re #241 MOTION for Summary Judgment filed by Element Fleet Management Corp.. (Etter, Richard)
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Filing 245
RESPONSE to Motion re #241 MOTION for Summary Judgment and Cross-Motion for Relief under Fed. R. Civ. P. 56(d) filed by Gale Carter. (Attachments: #1 Declaration of Joshua S. Boyette, Rule 56(d), #2 Exhibit A - Celadon/Element Agreements, #3 Exhibit B - Element Press Release, #4 Exhibit C - Plaintiffs' July 1 Requests for Production, #5 Memorandum in Support, #6 Proposed Order) (Boyette, Joshua)
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Filing 244
TEXT ORDER. The Court grants the Plaintiff's motion for an extension of time, (DN #243 ), to file her response to Defendant Element Fleet Management Corp.'s motion for summary judgment (DN #241 ) and extends the time within which she must file a response to on or before July 1, 2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 243
Unopposed MOTION for Extension of Time to File Response/Reply by Plaintiff Gale Carter (Attachments: #1 Proposed Order, #2 Certificate of Service) (Boyette, Joshua)
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Filing 242
NOTICE of Non-Opposition by Paschall Truck Lines, Inc. re #240 MOTION for Hearing re #218 Amended MOTION to Certify Class , #177 MOTION for Partial Summary Judgment (Eckhart, Christopher)
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Filing 241
MOTION for Summary Judgment by Defendant Element Fleet Management Corp. (Attachments: #1 Memorandum in Support of Defendant Element Fleet Management Corp.'s Motion for Summary Judgment, #2 Exhibit A - Individual Program Lease Agreement signed by Gale Carter dated 10/20/2015, #3 Exhibit B - Excerpts from Deposition of Gale Carter & Dep. Exs. 3 & 5, #4 Exhibit C - Individual Program Lease Agreement signed by Forbes Hays dated 3/18/2016, #5 Exhibit D - Excerpts from Deposition of Forbes Hays & Dep. Exs. 3 & 4, #6 Exhibit E - Excerpts from Deposition of Bradley Rowse, #7 Exhibit F - SUBI Sale Agreement dated 9/19/2016, #8 Exhibit G - Declaration of Jennifer Roberts, #9 H - Excerpts from Deposition Transcript of PTLs Corporate Representative, Chuck Wilson, #10 Proposed Order) (Etter, Richard)
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Filing 240
MOTION for Hearing re #218 Amended MOTION to Certify Class , #177 MOTION for Partial Summary Judgment by Defendant Paschall Truck Lines, Inc. (Eckhart, Christopher)
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Filing 239
REPLY to Response to Motion re #218 Amended MOTION to Certify Class filed by Gale Carter. (Attachments: #1 Exhibit 1 - Insurance Statement, #2 Exhibit 2 - Defendants' Responses to Plaintiff's 6th RFPs) (Boyette, Joshua)
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RESPONSE to Motion re #218 Amended MOTION to Certify Class filed by Element Fleet Management Corp.. (*NO PDF ATTACHED. Efiler selected the wrong ECF event when filing #238 . This entry has been made by the Clerk for reporting purposes. Please see DN #238 for viewing.) (JM)
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Filing 238
RESPONSE TO MOTION re #218 Amended MOTION to Certify Class Opposition to Plaintiff's Motion for Class Certification filed by Element Fleet Management Corp.. (Etter, Richard) Modified on 4/19/2021 to reflect this is a response, not a reply. (JM).
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Filing 237
RESPONSE to Motion re #218 Amended MOTION to Certify Class filed by Paschall Truck Lines, Inc.. (Attachments: #1 Exhibit A - Declaration of Misty Darnell, #2 Exhibit B - Deposition of John Hayman, #3 Exhibit C - Deposition of Lakendal Harris, #4 Exhibit D - Deposition of Gale Carter, #5 Exhibit E - Deposition of Forbes Hays, #6 Exhibit F - Deposition of Anthony Waller, #7 Exhibit G - Deposition of Marlin Bates, #8 Exhibit H - Deposition of Melanie Waller, #9 Exhibit I - Declaration of Jennifer Roberts, #10 Exhibit J - Deposition of Justin Hughes, #11 Exhibit K - Deposition of R. Scott Baugh) (Eckhart, Christopher)
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Filing 236
Text Order: The Court GRANTS the joint motion for leave to file briefs in excess of the page limit [DN #235 ]. Defendants may file oppositions of not more than 35 pages to Plaintiff's Motion for Class Certification. Plaintiffs may file a reply brief of not more than 25 pages in support of their motion. cc: Counsel (JM)
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Filing 235
Joint MOTION for Leave to File Excess Briefs by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Proposed Order) (Eckhart, Christopher)
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Filing 234
ORDER Signed by Magistrate Judge Lanny King on 3/11/2021 denying #219 and #220 Motions to Seal. cc: Counsel(JM)
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Filing 233
RESPONSE to re #230 Order Regarding Plaintiffs' Request to Seal Documents filed by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 232
TEXT ORDER by Judge Beaton on 3/3/2021. In response to the parties' second consent motion to extend Rule 23 filing deadlines, DN #231 , the Court GRANTS the motion and extends the time within which Defendants may file their response to the Plaintiffs' motion to certify the class to April 16, 2021 and extends the time within which the Plaintiffs may file their reply to April 30, 2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 231
STIPULATION re #218 Amended MOTION to Certify Class to Extend Deadlines (Attachments: #1 Proposed Order) by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 230
ORDER by Magistrate Judge Lanny King on 2/24/2021; Defendant's response to Plaintiff's motions for leave to seal #219 and #220 shall be filed no later than 14 days from the entry of this order. cc: counsel (JM)
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Filing 229
TEXT ORDER Signed by Magistrate Judge Lanny King on 02/22/2021 GRANTING DN #227 Amended Notice to Withdraw Appearance of Christopher Polchin as Counsel of Record. IT IS HEREBY ORDERED that the appearance of Christopher Polchin on behalf of Defendant, Element Fleet Management Corp., be WITHDRAWN as of the date of this order. IT IS HEREBY FURTHER ORDERED that Christopher Polchin be removed from all service lists. (cc: Counsel)(MHB)
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TEXT ORDER by Judge Beaton on 2/22/2021. In light of the joint report [DN #228 ], Defendant PTL has WITHDRAWN its Motion to strike untimely opt-in consent forms [DN #198 ], without waiving its right to object to timeliness in the future, and the parties may brief Defendant EFMC's anticipated motion for summary judgment according to the deadlines set forth in the joint report. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Schedules: Defendant EFMC's MSJ due on or before 5/24/2021. (KD)
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Filing 228
Joint STATUS REPORT AND PROPOSED SCHEDULING ORDER by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 227
AMENDED MOTION to Withdraw Christopher Polchin as Attorney. (Continue to receive notice:No) by Defendants Element Fleet Management Corp., Element Transportation, LLC (Attachments: #1 Exhibit, #2 Proposed Order) (Polchin, Christopher) Modified docket text on 2/22/2021 (JM).
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TEXT ORDER by Judge Beaton on 2/17/2021. The Court GRANTS the Plaintiffs' unopposed motion for an extension of time, DN #225 , to file the parties' joint proposed scheduling order and joint status report concerning late filed opt-ins to February 19, 2021. The rest of DNs #215 and 216 shall remain in full force and effect. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 226
REPLY to Response to Motion re #177 MOTION for Partial Summary Judgment filed by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 225
Unopposed MOTION for Extension of Time to File by Plaintiff Gale Carter (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 224
OPINION AND ORDER Signed by Magistrate Judge Lanny King on 2/9/2021: Plaintiff's Motion #223 to Withdraw as Counsel is DENIED without prejudice. cc: Counsel (JM)
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Filing 223
MOTION to Withdraw as Attorney . (Continue to receive notice:No) by Defendant Element Transportation, LLC (Attachments: #1 Proposed Order) (Polchin, Christopher)
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TEXT ORDER by Judge Benjamin Beaton on 2/4/2021. In response to the parties' consent motion to extend Rule 23 filing deadlines [DN #222 ], the Court GRANTS the motion and extends the time within which Defendants may file their response to the Plaintiffs' motion to certify the class to 3/5/21, and extends the time within which the Plaintiffs may file their reply to on or before 4/2/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 222
Consent MOTION for Extension of Time to File Response/Reply as to #218 Amended MOTION to Certify Class by Plaintiff Gale Carter (Boyette, Joshua)
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Filing 221
Sealed Document re #220 (Boyette, Joshua)
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Filing 220
MOTION for Leave to Seal Document by Plaintiff Gale Carter (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 219
MOTION for Leave to Seal Document by Plaintiff Gale Carter (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 218
Amended MOTION to Certify Class by Plaintiff Gale Carter (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Declaration of Joshua Boyette, Esq., #3 Exhibit 1-A - PTL's Resp. to Admissions, #4 Exhibit 1-B - Depo. of Bates, #5 Exhibit 1-D - Decl. of Hays, #6 Exhibit 1-E - PTL's Resp. to 2nd RFPs, #7 Exhibit 1-F - PTL Hiring Website, #8 Exhibit 1-G - PTL Oct. 2020 Website, #9 Exhibit 1-H - Carter Settlements, #10 Exhibit 1-I - Harris Settlements, #11 Exhibit 1-J - Hays Settlements, #12 Exhibit 1-K - Decl. of Carter, #13 Exhibit 1-L - Decl. of Harris, #14 Exhibit 1-M - Depo. of Harris, #15 Exhibit 2 - Declaration of Travis Martindale, Esq., #16 Exhibit 2-B - BOL, #17 Exhibit 2-C - BOL, #18 Exhibit 2-D - BOL, #19 Exhibit 2-E - BOL, #20 Exhibit 2-F - BOL, #21 Exhibit 2-G - BOL, #22 Exhibit 2-H - BOL, #23 Exhibit 2-I - BOL, #24 Exhibit 2-J - BOL, #25 Exhibit 2-K - BOL, #26 Exhibit 2-L - Carter Message Excerpts, #27 Exhibit 2-B - BOL, #28 Exhibit 2-N - BOL, #29 Exhibit 2-O - BOL, #30 Exhibit 2-P - BOL, #31 Exhibit 2-Q - BOL, #32 Exhibit 2-R - Harris Message Excerpts, #33 Exhibit 2-S - BOL, #34 Exhibit 2-T - BOL, #35 Exhibit 2-U - Hays Message Excerpts, #36 Exhibit 2-V - BOL, #37 Exhibit 2-W - BOL, #38 Exhibit 2-X - BOL, #39 Exhibit 2-Y - BOL, #40 Exhibit 2-Z - BOL, #41 Exhibit 2-AA - BOL, #42 Exhibit 2-AB - BOL, #43 Exhibit 2-AC - BOL, #44 Exhibit 2-AD - BOL, #45 Exhibit 2-AE - BOL, #46 Exhibit 2-AF - BOL, #47 Exhibit AG - TILA Violation Chart Summary, #48 Proposed Order) (Boyette, Joshua)
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Filing 217
RESPONSE to Motion re #177 MOTION for Partial Summary Judgment filed by Gale Carter. (Attachments: #1 Declaration of Exhibits of Joshua S. Boyette, #2 Ex. A - Hays Decl., #3 Ex. B - Carter Decl., #4 Ex. C - Harris Decl., #5 Ex. D - Carter Depo., #6 Ex. E - Hays Vehicle Lease, #7 Ex. F - Carter Vehicle Lease, #8 Ex. G - Hays Messages, #9 Ex. I - Carter Messages, #10 Ex. J - Carter Settlements, #11 Ex. K - Carter Bills of Lading, #12 Ex. L - Hays Settlements, #13 Ex. M - Hays Bills of Lading, #14 Ex. N - PTL Pay Schedule, #15 Ex. O - Debt Collection Letter, #16 Ex. P - Recruiting Website) (Boyette, Joshua)
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Filing 216
TEXT ORDER by Judge Benjamin Beaton on 1/13/2021. Judge Beaton held a telephonic status conference in this case on January 13, 2021. Joshua Boyette appeared on behalf of Plaintiffs; Christopher Eckhart and Elizabeth Paynter appeared on behalf of Paschall Truck Lines, Inc.; and Richard Etter appeared on behalf of Element Fleet Management Corp. A court reporter took down the proceedings. The Court ORDERS the parties to file a joint proposed scheduling order, along with their joint report on late-filed consents, on or before February 12, 2021. This order supersedes and extends by one day the deadline imposed by DN #215 so that the parties may file their joint reports simultaneously. (:23) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD) Modified on 1/14/2021, to add court time. (KD)
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Proceedings held before Judge Benjamin Beaton: Status Conference held on 1/13/2021. (:23) (Court Reporter: Terri Turner) (KD) Modified on 1/14/2021, to include the time. (KD)
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Filing 215
MEMORANDUM OPINION AND ORDER by Judge Benjamin Beaton on 1/12/2021. The Court defers ruling on the motion to strike #198 , orders the parties to confer regarding the proper application of their agreed order #166 , and jointly report to the Court within 30 days. cc: Counsel (JM)
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Filing 214
NOTICE of Change of Address by Van F. Sims (Sims, Van)
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Filing 213
Joint STATUS REPORT by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 212
ORDER SETTING STATUS CONFERENCE AND BRIEFING DEADLINES Signed by Judge Benjamin Beaton on 1/4/2021. The Plaintiffs' motion for leave to file an overlength brief #200 is GRANTED WITH LEAVE TO REFILE. The Plaintiffs shall file a revised response to PTL's motion for partial summary judgment on or before 1/22/2021. The response shall not exceed 40 pages. Defendant PTL shall file a reply brief on or before 2/12/2021. The reply shall not exceed 20 pages. The Court directs the Clerk to STRIKE DN 202 . The joint motion to lift the stay and set briefing deadlines #196 is GRANTED. The Plaintiffs may withdraw DN #178 and file a substitute brief in support of their motion to certify the class on or before 1/29/2021. The substitute brief shall not exceed 25 pages. Defendants may file a response to the Plaintiffs' motion to certify the class on or before 2/19/2021. The Plaintiffs may file a reply on or before 3/5/2021. The joint motion for a status conference #210 is GRANTED. Telephone Conference set for 1/13/2021 at 10:00 AM before Judge Benjamin Beaton. cc: Counsel (JM)
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Filing 211
TEXT ORDER by Judge Benjamin Beaton on 12/18/2020; Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Lanny King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (JM)
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MOTIONS REFERRED: #198 MOTION to Strike #197 Notice (Other) Untimely Opt-in Consent Forms (JM)
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Filing 210
Joint MOTION for Hearing (Status Conference) by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Proposed Order) (Eckhart, Christopher)
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Filing 209
ORDER Signed by Judge Benjamin Beaton on 12/15/2020 granting #207 Motion for Attorney Karen Butler Reisinger to Appear Pro Hac Vice. cc: Counsel(JM)
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Filing 208
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KJA)
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Filing 207
MOTION for Karen B. Reisinger to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3238689. by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit 1: Mot PHV Reisinger, #2 Exhibit 2: Certificate, #3 Exhibit 3: Registration form, #4 Proposed Order) (Sims, Van)
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Filing 206
REPLY to Response to Motion re #198 MOTION to Strike #197 Notice (Other) Untimely Opt-in Consent Forms filed by Paschall Truck Lines, Inc.. (Paynter, Elizabeth)
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Filing 205
NOTICE of Filing of Consents by Gale Carter (Attachments: #1 Consents) (Boyette, Joshua)
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Filing 204
RESPONSE to Motion re #198 MOTION to Strike #197 Notice (Other) Untimely Opt-in Consent Forms filed by Gale Carter. (Attachments: #1 Exhibit 1 - Declaration of Joshua S. Boyette, #2 Exhibit 1-A - Plaintiffs' September 2019 Sixth Request for Production, #3 Exhibit 1-B - Defendant's September 29, 2020 Response to Plaintiffs' Sixth Request for Production, #4 Exhibit 1-C - Plaintiffs' September 4, 2020 Seventh Request for Production, #5 Exhibit 1-D - Defendant's October 5, 2020 Responses to Plaintiffs' Seventh Request for Production) (Boyette, Joshua)
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Filing 203
RESPONSE to Motion re #200 MOTION for Leave to File an Overlength Brief filed by Paschall Truck Lines, Inc.. (Paynter, Elizabeth)
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Filing 202
RESPONSE to Motion re #196 Joint MOTION to Lift Stay and Set Deadlines in Connection with Pending Motions re #191 Stipulation and Order, Case Stayed, #195 Report of Mediation, #178 MOTION to Certify Class pursuant to Rule 23(b)(3), #177 MOTION for Partial Su -- Plaintiffs' Response to Defendant PTL's Motion for Summary Judgment filed by Gale Carter. (Attachments: #1 Plaintiffs' Statement of Facts, #2 Declaration of Exhibits of Joshua S. Boyette, Esq., #3 A - Carter ISCA, #4 B - Harris ISCA, #5 C- Hays ISCA, #6 D - Carter Vehicle Lease, #7 E - Hays Vehicle Lease, #8 F - Carter Settlements, #9 G - Carter Declaration, #10 H - Hays Declaration, #11 I - Harris Declaration, #12 J - PTL's Responses to Admissions, #13 K - PTL's Interrogatory Responses, #14 L - PTL's Request for Production Responses, #15 M - PTL Employee Recruiting Website, #16 N - PTL FMCSA Snapshot, #17 Q - Excerpts - Hays Messages, #18 R - Owner/Operator Contacts, #19 S - PTL Contacts, #20 T - IRS Determination, #21 U - PTL Lease Driver Recruiting Website, #22 V - Drug Test Consent, #23 W - Maintenance Tips, #24 X - Drop Lot Info Sheet, #25 Y - PTL Company Policies, #26 AA - Accident Policy, #27 AB - Unattended Trailer Policy, #28 AC - Injury Policy, #29 AD - Disqualification Policy, #30 AE - Length/Weight Bridge Policy, #31 AF - Loaded Trailer Policy, #32 AG - Macro Messages Policy, #33 AH - Loading Policy, #34 AI - Arrival Policy, #35 AJ - Media Policy, #36 AK - Routing Policy, #37 AL - Logging Tips, #38 AM - Carter 1099, #39 AN - Hays 1099, #40 AO - Carter Debt Collection Letter, #41 AP - Hays Debt Collection Letter, #42 AQ - Hays Settlements, #43 AR - Owen Deposition, #44 AS - Hays Deposition, #45 AT - Carter Deposition, #46 AU - Harris Deposition, #47 AV - Harris Vehicle Lease, #48 AW - Harris Settlements, #49 AX - Carter Bills of Lading, #50 AY - Hays Bills of Lading, #51 AZ - Harris Bills of Lading, #52 BA - Carter Messages (Excerpts), #53 BB - Harris Messages (Excerpts), #54 BC - OOIDA v. C.R. England Hearing Transcript, #55 BD - Exhibit 1 to M. Waller Deposition, #56 BE - Harris Debt Collection Letter, #57 BF - Carter Interrogatory Responses, #58 BG - PTL Employee Driver Pay Schedule, #59 BH - PTL Current Lease Recruiting Website) (Boyette, Joshua)
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Filing 201
Sealed Document re #92 (Attachments: #1 Exhibit P, #2 Exhibit Z) (Boyette, Joshua)
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Filing 200
MOTION for Leave to File an Overlength Brief by Plaintiff Gale Carter (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 199
NOTICE of Change of Address by Richard L. Etter (Etter, Richard)
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Filing 198
MOTION to Strike #197 Notice (Other) Untimely Opt-in Consent Forms by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A-Declaration of E. Ashley Paynter, #3 Proposed Order) (Paynter, Elizabeth)
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Filing 197
NOTICE of Filing of Consents by Gale Carter (Attachments: #1 Consents) (Boyette, Joshua)
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Filing 196
Joint MOTION to Lift Stay and Set Deadlines in Connection with Pending Motions re #191 Stipulation and Order, Case Stayed, #195 Report of Mediation, #178 MOTION to Certify Class pursuant to Rule 23(b)(3), #177 MOTION for Partial Summary Judgment by Plaintiffs Gale Carter, Lakendal Harris, Forbes Hayes (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 195
REPORT of Mediation by Paschall Truck Lines, Inc. by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 194
NOTICE Regarding Rescheduling of Mediation by Paschall Truck Lines, Inc. re #193 Notice (Other) (Paynter, Elizabeth)
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Filing 193
NOTICE Regarding Rescheduling of Mediation by Paschall Truck Lines, Inc. (Paynter, Elizabeth)
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Filing 192
NOTICE of Mediaiton by Paschall Truck Lines, Inc. (Eckhart, Christopher)
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Filing 191
AGREED ORDER TO STAY CASE PENDING MEDIATION by Senior Judge Thomas B. Russell on 10/21/2019. cc:counsel (KJA)
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Filing 190
Proposed Agreed Order/Stipulation by Paschall Truck Lines, Inc.. (Paynter, Elizabeth)
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Filing 189
NOTICE of Filing of Consent Forms by Gale Carter (Attachments: #1 Consent Forms) (Boyette, Joshua)
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Filing 188
NOTICE of Filing of Consent Forms by Gale Carter (Attachments: #1 Consent Forms) (Boyette, Joshua)
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Filing 187
NOTICE of Filing of Consent Forms by Gale Carter (Attachments: #1 Consent Forms, #2 Consent Forms) (Boyette, Joshua)
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Filing 186
NOTICE of Filing Consents by Gale Carter (Attachments: #1 Consent Forms) (Boyette, Joshua)
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Filing 185
NOTICE of Filing of Consent Forms by Gale Carter (Attachments: #1 Consent Forms, #2 Consent Forms, #3 Consent Forms) (Boyette, Joshua)
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Filing 184
ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL signed by Senior Judge Thomas B. Russell on 8/29/2019. Granting #174 Motion to Seal Document #175 Sealed Document, #176 Sealed Document. cc: Counsel(KJA)
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Filing 183
ORDER signed by Senior Judge Thomas B. Russell on 8/29/2019. Granting #182 Motion to extend deadlines related to Rule 23 motion. Telephone Conference set for 1/22/2020 at 9:00 AM before Senior Judge Thomas B. Russell. See order for specifics. cc: Counsel(KJA)
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Filing 182
Consent MOTION Extend Deadlines to Respond to Summary Judgment and Class Certification Motions re #178 MOTION to Certify Class pursuant to Rule 23(b)(3), #177 MOTION for Partial Summary Judgment by Plaintiff Gale Carter (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 181
NOTICE of Filing of Consent Forms by Gale Carter (Attachments: #1 Consent Forms, #2 Consent Forms) (Boyette, Joshua)
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Filing 180
Proposed Order re #178 MOTION to Certify Class pursuant to Rule 23(b)(3) by Gale Carter. (Boyette, Joshua)
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Filing 179
BRIEF re #178 MOTION to Certify Class pursuant to Rule 23(b)(3) filed by Gale Carter, Forbes Hayes (Attachments: #1 Exhibit 1 - Colonial Freight Opinion, #2 Exhibit 2 - Carter Deposition) by Gale Carter. (Boyette, Joshua)
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Filing 178
MOTION to Certify Class pursuant to Rule 23(b)(3) by Plaintiffs Gale Carter, Forbes Hayes (Boyette, Joshua)
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NOTICE OF DOCKET CORRECTION re #179 Brief, #180 Proposed Order ; Error: Brief with exhibits and proposed order filed as separate docket entries; Correction: Advised filer of the error, referred to ECF User Manual for filing attachments and advised not to refile the document. (KJA)
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Filing 177
MOTION for Partial Summary Judgment by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Memorandum in Support of Motion for Partial Summary Judgment, #2 Exhibit A - Excerpts of the Deposition of Gale Carter, #3 Exhibit B - Excerpts of the Deposition of Forbes Hays, #4 Exhibit C - Excerpts of the Deposition of Anthony Waller, #5 Exhibit D - Declaration of Marlin Bates, #6 Exhibit E - Excerpts of the Deposition of Charles Wilson, #7 Exhibit F - Declaration of Jeremy Owen, #8 Exhibit G - Declaration of Christopher J. Eckhart, #9 Proposed Order) (Eckhart, Christopher)
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Filing 176
Sealed Document re #174 (Eckhart, Christopher)
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Filing 175
Sealed Document re #174 (Eckhart, Christopher)
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Filing 174
MOTION for Leave to Seal Document by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Proposed Order) (Eckhart, Christopher)
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Filing 173
NOTICE of Filing of Consent Forms by Gale Carter (Attachments: #1 Consent Forms) (Boyette, Joshua)
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Filing 172
NOTICE of Filing of Consent Forms by Gale Carter (Attachments: #1 Consent Forms, #2 Consent Forns) (Boyette, Joshua)
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Filing 171
ORDER signed by Senior Judge Thomas B. Russell on 7/29/2019. Granting #170 Motion for Extension of Deadlines. See order for specifics. cc: Counsel(KJA)
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Filing 170
Unopposed MOTION for Extension of Time to File Plaintiffs' Motion for Class Certification Pursuant to Rule 23 by Plaintiff Gale Carter (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 169
Order for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 5/29/2019. Telephone Conference set for 10/30/2019 at 12:00 PM e before Senior Judge Thomas B. Russell. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. cc:counsel (KJA)
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Filing 168
MEMORANDUM OPINION & ORDER signed by Senior Judge Thomas B. Russell on 5/29/2019. Granting #149 Motion to Dismiss for Lack of Jurisdiction. ECN is terminated as a party. cc: Counsel(KJA)
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Filing 167
AGREED ORDER EXTENDING RULE 23 MOTION FILING DEADLINES by Senior Judge Thomas B. Russell on 5/22/2019 re #163 Proposed Agreed Order/Stipulation. Plaintiff's deadline to file a Motion for Class Certification due 7/31/2019. Deadline for Defendants to file opposition due 9/30/2019. Deadline for Plaintiff's to file a reply due 10/30/2019.cc:counsel (JWM)
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Filing 166
AGREED ORDER by Senior Judge Thomas B. Russell on 5/22/2019; re #164 Proposed Agreed Order/Stipulation filed by Paschall Truck Lines, Inc. DN #162 is now moot.cc:counsel (JWM)
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Filing 165
NOTICE of Change of Address by John C. McIlwee (McIlwee, John)
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Filing 164
Proposed Agreed Order/Stipulation re #162 by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 163
Proposed Agreed Order/Stipulation by Gale Carter. (Martindale-Jarvis, Travis)
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Filing 162
MOTION Approval of Notice Procedures to Putative FLSA Collective Action Class by Plaintiffs Gale Carter, Lakendal Harris, Forbes Hayes, Dwight Martin, Damian Mataraza (Attachments: #1 Memorandum in Support, #2 Exhibit 1-A - Proposed Notice, #3 Exhibit 1-B - Mailed Consent Form, #4 Exhibit 2 - Website Text, #5 Exhibit 3 - Online Consent Form, #6 Exhibit 4- Qualcomm Advisory, #7 Proposed Order) (Boyette, Joshua)
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Filing 161
MEMORANDUM OPINION AND ORDER signed by Senior Judge Thomas B. Russell on 4/10/2019 granting #101 Motion for Conditional Certification of FLSA Collective Action; granting #156 Motion for Leave to File a Surreply; and granting #157 Motion to Seal Document. cc: Counsel of Record(MNM)
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Filing 160
REPLY to Response to Motion re #149 MOTION to Dismiss for Lack of Jurisdiction filed by ECN Capital Corp., ECN Financial LLC. (Cook, Matthew)
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Filing 159
RESPONSE to Motion re #149 MOTION to Dismiss for Lack of Jurisdiction filed by Gale Carter, Forbes Hayes. (Attachments: #1 Declaration of Manali Arora, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 1-D, #5 Exhibit 1-E, #6 Exhibit 1-F, #7 Exhibit 1-G, #8 Exhibit 1-H, #9 Exhibit 1-I, #10 Exhibit 1-J, #11 Exhibit 1-K, #12 Exhibit 1-L, #13 Exhibit 1-M, #14 Exhibit 1-N, #15 Exhibit 1-O, #16 Exhibit 1-P, #17 Exhibit 1-Q, #18 Exhibit 1-R, #19 Exhibit 1-S, #20 Exhibit 1-T, #21 Exhibit 1-U, #22 Exhibit 1-V) (Arora, Manali)
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Filing 158
Sealed Document re #157 (Attachments: #1 Exhibit 1-W) (Arora, Manali)
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Filing 157
MOTION for Leave to Seal Document by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Proposed Order) (Arora, Manali)
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Filing 156
MOTION for Leave to File Surreply by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit A - Defendant Paschall's Surreply in Opposition to Plaintiffs' Motion for Conditional Certification, #2 Proposed Order) (Eckhart, Christopher)
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Filing 155
REPLY to Response to Motion re #101 MOTION Conditional Certification of FLSA Collective Action filed by Gale Carter, Forbes Hayes. (Attachments: #1 Exhibit A - Deposition of Marlin Bates, #2 Exhibit B - Deposition of Chuck Wilson, #3 Exhibit C - Excepts of Forbes Hays' Messaging Data) (Boyette, Joshua)
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Filing 154
TEXT ORDER signed by Senior Judge Thomas B. Russell on 3/5/2019. Granting #152 Motion to Appear Pro Hac Vice John C. McIlwee. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 153
TEXT ORDER signed by Senior Judge Thomas B. Russell on 3/5/2019. Granting #151 Motion to Appear Pro Hac Vice Amy J. Traub. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel(KJA)
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Filing 152
MOTION for John C. McIlwee to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2817261. by Defendants ECN Capital Corp., ECN Financial LLC (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration, #3 Proposed Order Granting Motion to Appear Pro Hac Vice) (Cook, Matthew)
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Filing 151
MOTION for Amy J. Traub to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2817227. by Defendants ECN Capital Corp., ECN Financial LLC (Attachments: #1 Exhibit Certificates of Good Standing, #2 Exhibit Declaration, #3 Proposed Order Granting Motion to Appear Pro Hac Vice) (Cook, Matthew)
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Filing 150
ATTACHMENT(s) re #149 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit) by ECN Capital Corp., ECN Financial LLC. (Cook, Matthew)
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Filing 149
MOTION to Dismiss for Lack of Jurisdiction by Defendants ECN Capital Corp., ECN Financial LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Cook, Matthew)
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Filing 148
AGREED ORDER by Senior Judge Thomas B. Russell on 2/27/2019. #101 MOTION Conditional Certification of FLSA Collective Action :( Replies due by 3/6/2019.)cc:counsel (KJA)
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Filing 147
AGREED ORDER by Senior Judge Thomas B. Russell on 2/27/2019. Deadline for Plaintiffs to file a Motion for Class Certification pursuant to Rule 23 due 5/29/2019; Deadline for Defendants to file any opposition 7/29/2019; Deadline for Plaintiffs to file any reply8/29/2019. cc:counsel (KJA)
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Filing 146
Proposed Agreed Order/Stipulation by Gale Carter, Lakendal Harris, Forbes Hayes, Dwight Martin, Damian Mataraza. (Martindale-Jarvis, Travis)
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Filing 145
Proposed Agreed Order/Stipulation re #84 by Gale Carter, Forbes Hayes. (Arora, Manali)
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Filing 144
RESPONSE to Motion re #101 MOTION Conditional Certification of FLSA Collective Action filed by Paschall Truck Lines, Inc.. (Attachments: #1 Exhibit A-Declaration of Charles Wilson, #2 Exhibit B-Excerpts of the Deposition of John Hayman, #3 Exhibit C-Excerpts of the Deposition of Charles Wilson, #4 Exhibit D-Excerpts of the Deposition of Lakendal Harris and Referenced Deposition Exhibits, #5 Exhibit E-Excerpts of the Deposition of Gale Carter and Referenced Deposition Exhibits, #6 Exhibit F-Excerpts of the Deposition of Forbes Hays and Referenced Deposition Exhibits, #7 Exhibit G-Declaration of Bob Walker, #8 Exhibit H-Declaration of Jeremy Owen, #9 Exhibit I-Excerpts of the Deposition of Marlin Bates, #10 Exhibit J-Declaration of Dennis Burkeen, #11 Exhibit K-Declaration of Marlin Bates) (Eckhart, Christopher)
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Filing 143
ORDER signed by Senior Judge Thomas B. Russell on 2/4/2019. Granting #142 Motion to Dismiss defendant 19th Capital Group, LLC. cc: Counsel(KJA)
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Filing 142
Consent MOTION to Dismiss 19th Capital Group, LLC by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 141
ORDER for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 1/24/2019. Finding as moot #121 Motion for Extension of Time to File Response/Reply. Counsel shall file an agreed order on the Rule 23 issue. cc:counsel (KJA)
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Filing 140
WAIVER OF SERVICE Returned Executed by Forbes Hayes, Gale Carter. ECN Capital Corp. waiver sent on 1/29/2019, answer due 4/1/2019. (Arora, Manali)
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Filing 139
WAIVER OF SERVICE Returned Executed by Forbes Hayes, Gale Carter. ECN Financial LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Arora, Manali)
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Filing 138
Corporate Disclosure Statement by Element Fleet Management Corp.. (Etter, Richard)
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Filing 137
ANSWER to #103 Amended Complaint by Element Fleet Management Corp.. (Etter, Richard)
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Filing 136
MEMORANDUM OPINION & ORDER Signed by Senior Judge Thomas B. Russell on 1/23/2019. Granting #98 Motion for Summary Judgment, Element Transportation, LLC is dismissed from the case; denying #119 Motion for Leave to file Sur-Reply. cc: Counsel(KJA)
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Filing 135
ORDER signed by Senior Judge Thomas B. Russell on 1/16/2019. Granting #96 Motion for Partial Dismissal. cc: Counsel(KJA)
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Filing 134
ORDER signed by Senior Judge Thomas B. Russell on 1/16/2019. Granting #132 Motion to Appear Pro Hac Vice James A. Eckhart. cc: Counsel(KJA)
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Filing 133
TEXT ORDER by Senior Judge Thomas B. Russell on 1/16/2019. The Telephone Conference set for 1/18/2019 with Senior Judge Thomas B. Russell is CANCELLED and is set on 1/24/2019 at 1:30 PM Central Time in Teleconference before Senior Judge Thomas B. Russell. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KPH)
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Filing 132
MOTION for James A. Eckhart to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2783775. by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit 1: Certificate, #2 Exhibit 2: Affidavit, #3 Proposed Order) (Sims, Van)
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Filing 131
Corporate Disclosure Statement identifying Corporate Parent Element Fleet Management Corp. for 19th Capital Group, LLC. by 19th Capital Group, LLC. (Etter, Richard)
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Filing 130
ANSWER to #103 Amended Complaint by 19th Capital Group, LLC. (Etter, Richard)
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Filing 129
Order for proceedings held before Magistrate Judge Lanny King: A telephonic scheduling conference was held on 12/18/2018. Plaintiff's deadline to file its opposition to Plaintiff's Motion for Conditional Certification is extended to ten (10) days following the completion of Defendant Harris deposition. Defendant Harris is to be deposed as soon as possible. cc: Counsel (MNM)
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Filing 128
AGREED ORDER by Senior Judge Thomas B. Russell on 12/18/2018. Extension of time for 19th Capital to respond up to 1/11/2019.cc:counsel (KJA)
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Filing 127
RESPONSE to Motion re #121 MOTION for Extension of Time to File Response/Reply as to #101 MOTION Conditional Certification of FLSA Collective Action filed by Gale Carter, Forbes Hayes. (Attachments: #1 Exhibit 1 - Declaration of Joshua Boyette) (Boyette, Joshua)
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Filing 126
ORDER signed by Senior Judge Thomas B. Russell on 12/17/2018 granting #115 Adam J. Eakman's Motion to Withdraw as Attorney. cc: Counsel(MNM)
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Filing 125
ORDER OF REFERRAL by Senior Judge Thomas B. Russell on 12/17/2018 referring Case to Magistrate Judge Lanny King for ruling on all discovery motions.cc: Counsel, CM-King (MNM)
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Filing 124
TEXT ORDER by Magistrate Judge Lanny King on 12/17/2018. A Telephonic Status Conference is scheduled before Magistrate Judge Lanny King on 12/18/2018 at 1:30 p.m. Central Time. Counsel for the parties shall connect to the conference by dialing the toll-free number 1-877-848-7030 and entering the access code 7238577#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
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Filing 123
Proposed Agreed Order/Stipulation by 19th Capital Group, LLC. (Schaefer, Christopher)
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Filing 122
Proposed Order re #119 MOTION for Leave to File Sur-Reply by Gale Carter, Forbes Hayes. (Arora, Manali)
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Filing 121
MOTION for Extension of Time to File Response/Reply as to #101 MOTION Conditional Certification of FLSA Collective Action by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Defendant's Memorandum in Support of Motion for Extension of Time to Respond to Plaintiffs Motion for Conditional Certification and to Compel Deposition Attendance, #2 Declaration of Christopher J. Eckhart, #3 Proposed Order) (Eckhart, Christopher)
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NOTICE OF DOCKET CORRECTION re #119 MOTION for Leave to File Sur-Reply, #120 Notice of Docket Correction re:PDF ; Error: Exhibit filed as one pdf document; Correction: Advised filer of the error, referred to the ECF User Manual regarding filing attachments, advised NOT to refile the documents. (KJA)
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Filing 120
NOTICE OF DOCKET CORRECTION Re:PDF Error: INCORRECT document attached to docket entry by efiler re: #119 MOTION for Leave to File Sur-Reply ; Correct document attached to this entry. (Attachments: #1 Redacted Exhibit) (Arora, Manali)
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Filing 119
MOTION for Leave to File Sur-Reply by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Exhibit 1 - Proposed Sur-Reply) (Arora, Manali) (Attachment 1 replaced on 12/12/2018) (KJA). (Additional attachment(s) added on 12/17/2018: #2 Proposed Order) (MNM).
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Filing 118
WAIVER OF SERVICE Returned Executed by Forbes Hayes, Gale Carter. Element Fleet Management Corp. waiver sent on 11/29/2018, answer due 1/28/2019. (Boyette, Joshua)
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Filing 117
NOTICE of Filing of Consent Forms by Gale Carter, Forbes Hayes (Attachments: #1 Exhibit Consent Form) (Boyette, Joshua)
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Filing 116
SUMMONS Returned Executed by Forbes Hayes, Gale Carter. 19th Capital Group, LLC served on 11/28/2018, answer due 12/19/2018. (Boyette, Joshua)
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Filing 115
MOTION to Withdraw as Attorney by Adam J. Eakman. (Continue to receive notice:No) by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Proposed Order) (Eakman, Adam)
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Filing 114
RESPONSE to re #110 Response to Motion,, filed by Element Transportation, LLC. (Etter, Richard)
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Filing 113
REPLY to Response to Motion re #98 MOTION for Summary Judgment filed by Element Transportation, LLC. (Etter, Richard)
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Filing 112
AGREED ORDER TO EXTEND DEADLINE TO RESPOND TO MOTION FOR CONDITIONAL CERTIFICATION by Senior Judge Thomas B. Russell on 11/16/2018. Responses due by 12/20/2018 re: #101 MOTION Conditional Certification of FLSA Collective Action .cc:counsel (KJA)
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Filing 111
Proposed Agreed Order/Stipulation by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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NOTICE OF DOCKET CORRECTION re #110 Response to Motion,, ; Error: Attachments incorrectly described; Correction: Advised filer of the error and referred to the ECF User Manual, and advised not to refile the documents. (KJA)
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Filing 110
RESPONSE to Motion re #98 MOTION for Summary Judgment filed by Gale Carter, Forbes Hayes. (Attachments: #1 Response to Defendants' Statement of Facts, #2 Counterstatement of Facts, #3 Exhibit 1 - Declaration of Exhibits of Joshua S. Boyette, #4 Exhibit 1-A, #5 Exhibit 1-B, #6 Exhibit 1-C, #7 Exhibit 1-D, #8 Exhibit 1-E, #9 Exhibit 1-F, #10 Exhibit 1-G, #11 Exhibit 1-H, #12 Exhibit 1-I, #13 Exhibit 1-J, #14 Exhibit 1-K, #15 Exhibit 1-L, #16 Exhibit 1-M, #17 Exhibit 1-N, #18 Exhibit 1-O, #19 Exhibit 1-P, #20 Exhibit 1-Q, #21 Exhibit 1-R) (Boyette, Joshua)
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Filing 109
ORDER signed by Senior Judge Thomas B. Russell on 11/2/2018. Granting #108 Motion for Extension of Time to File Response 11/9/2018; Reply 11/28/2018. cc: Counsel(KJA)
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Filing 108
MOTION for Extension of Time to File Opposition to Defendant Element Transportation, LLC's Motion for Summary Judgment, MOTION for Extension of Time to File Response/Reply by Plaintiffs Gale Carter, Lakendal Harris, Forbes Hayes, Dwight Martin (Attachments: #1 Proposed Order, #2 Certificate of Service) (Martindale-Jarvis, Travis)
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Filing 107
ORDER signed by Senior Judge Thomas B. Russell on 10/31/2018. Granting #99 Motion to Seal Document #100 Sealed Document. cc: Counsel(KJA)
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Filing 106
ANSWER to #103 Amended Complaint by Element Transportation, LLC. (Etter, Richard)
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Filing 105
Defendant Paschall Truck Lines, Inc.'s ANSWER to #103 Amended Complaint by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 104
NOTICE of Filing of Consent Forms by Gale Carter, Forbes Hayes (Attachments: #1 Exhibit Consent Form) (Boyette, Joshua)
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Filing 103
AMENDED COMPLAINT against All Defendants filed by Forbes Hayes, Gale Carter. (KJA)
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Filing 102
Proposed Order re #101 MOTION Conditional Certification of FLSA Collective Action by Gale Carter, Forbes Hayes. (Martindale-Jarvis, Travis)
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Filing 101
MOTION Conditional Certification of FLSA Collective Action by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Declaration of Counsel, #2 Exhibit 1-A to 1-M, #3 Exhibit 1-P to 1-X, #4 Exhibit 1-Z, #5 Exhibit 1-AA to 1-AP) (Martindale-Jarvis, Travis)
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Filing 100
Sealed Document re #99 (Attachments: #1 Exhibit 1-N, #2 Exhibit 1-O, #3 Exhibit 1-Y) (Martindale-Jarvis, Travis)
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Filing 99
MOTION for Leave to Seal Document by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Proposed Order) (Martindale-Jarvis, Travis)
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Filing 98
MOTION for Summary Judgment by Defendant Element Transportation, LLC (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Proposed Order) (Etter, Richard)
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Filing 97
STIPULATION for Amendment of Pleading (Attachments: #1 Exhibit A - Proposed Second Amended Complaint) by Gale Carter, Forbes Hayes. (Arora, Manali)
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Filing 96
Consent MOTION to Dismiss by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Proposed Order) (Boyette, Joshua)
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Filing 95
ORDER signed by Senior Judge Thomas B. Russell on 10/10/2018 granting #94 Motion to Appear Pro Hac Vice. cc: Counsel of Record(MNM)
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Filing 94
MOTION for Christopher E. Polchin to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2729746. by Defendant Element Transportation, LLC (Attachments: #1 Exhibit A-Declaration of C. Polchin, #2 Proposed Order Order Granting Pro Hac Vice Admission of C. Polchin) (Etter, Richard)
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Filing 93
NOTICE of Filing of Consent Forms by Gale Carter, Forbes Hayes (Attachments: #1 Exhibit Consent Form) (Boyette, Joshua)
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Filing 92
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER by Senior Judge Thomas B. Russell on 9/11/2018. cc:counsel (KJA)
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Filing 91
Proposed Agreed Order/Stipulation by Element Transportation, LLC. (Etter, Richard)
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Filing 90
AMENDED SCHEDULING ORDER for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 8/28/2018. Granting #86 Motion for Extension of Time to Complete Discovery. Discovery due by 9/18/2018., Motion for Summary Judgment due by 10/12/2018. Responses due by 11/2/2018. Replies due by 11/16/2018. cc:counsel (KJA)
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Filing 89
ORDER signed by Senior Judge Thomas B. Russell on 9/5/2018. Granting #87 Motion to Withdraw as Attorney, Kyle D. Johnson. cc: Counsel(KJA)
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Filing 88
Corporate Disclosure Statement identifying Corporate Parent Element Fleet Management Corp. for Element Transportation, LLC. by Element Transportation, LLC. (Etter, Richard)
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Filing 87
MOTION to Withdraw as Attorney . (Continue to receive notice:No) by Defendant Element Transportation, LLC (Attachments: #1 Exhibit A - Consent to Withdrawal as Counsel, #2 Proposed Order) (Johnson, Kyle)
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Filing 86
Unopposed MOTION for Extension of Time to Complete Discovery , Unopposed MOTION to Extend Certain Deadlines as related to the Issue of Successor Liability re #84 Telephone Conference,, by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Proposed Order) (Arora, Manali)
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Filing 85
NOTICE of Change of Address by Richard L. Etter (Etter, Richard)
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Filing 84
SCHEDULING ORDER for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 7/13/2018. Telephone Conference set for 8/28/2018 at 12:00 PM before Senior Judge Thomas B. Russell. Telephone Conference set for 10/29/2018 at 12:00 PM before Senior Judge Thomas B. Russell. Telephone Conference set for 1/18/2019 at 12:00 PM before Senior Judge Thomas B. Russell. Telephone Conference set for 5/29/2019 at 12:00 PM before Senior Judge Thomas B. Russell. SEE ORDER FOR SPECIFICS REGARDING ADDITIONAL DEADLINES. cc:counsel (KJA)
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Filing 83
ANSWER to #19 Amended Complaint by Element Transportation, LLC. (Etter, Richard)
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Filing 82
DEFENDANT PASCHALL TRUCK LINES, INC.'S ANSWER to #19 Amended Complaint by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 81
Joint REPORT of Rule 26(f) Planning Meeting by Gale Carter, Forbes Hayes. (Boyette, Joshua)
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Filing 80
MEMORANDUM OPINION & ORDER signed by Senior Judge Thomas B. Russell on 6/19/2018. Denying #32 Motion to Dismiss. Denying #55 Motion to Dismiss for Failure to State a Claim; denying #55 Motion to Dismiss. Telephonic Scheduling Conference set for 7/13/2018 at 12:00 PM before Senior Judge Thomas B. Russell. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. cc: Counsel(KJA)
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Filing 79
SCHEDULING ORDER for proceedings held before Senior Judge Thomas B. Russell: Scheduling Conference held on 5/21/2018. See order for specifics. cc:counsel (KJA)
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Filing 78
REPLY to Response to Motion re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss filed by Paschall Truck Lines, Inc.. (Eckhart, Christopher)
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Filing 77
Order for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 5/2/2018. Telephonic Scheduling Conference set for 5/21/2018 at 2:30 PM before Senior Judge Thomas B. Russell. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. cc: counsel (KJA)
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Filing 76
RESPONSE to Motion re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss filed by Gale Carter, Forbes Hayes. (Attachments: #1 Certification, #2 Exhibit A - Excerpt from Defendant PTL's Website, #3 Exhibit B - Named Plaintiff Hayes' Settlement Sheets, #4 Certificate of Service, #5 Proposed Order) (Martindale-Jarvis, Travis)
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Filing 75
REPORT of Rule 26(f) Planning Meeting by Gale Carter, Forbes Hayes. (Boyette, Joshua)
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Filing 74
NOTICE of Appearance by Richard L. Etter on behalf of Element Transportation, LLC (Etter, Richard)
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Filing 73
ORDER signed by Senior Judge Thomas B. Russell on 4/30/2018 granting #71 Motion to Strike and Substitute. cc: Counsel(KJA)
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Filing 72
TEXT ORDER signed by Senior Judge Thomas B. Russell on 4/27/2018 granting #67 Motion to Appear Pro Hac Vice Joshua S. Boyette. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 71
Unopposed MOTION to Strike and Substitute #21 Memorandum,. Document or Part to be Stricken and/or Substituted: Exhibits 1 and 2 by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Proposed Order) (Eckhart, Christopher)
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Filing 70
REPLY to Response to Motion re #32 filed by Element Transportation, LLC. (Etter, Richard)
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Filing 69
ORDER signed by Senior Judge Thomas B. Russell on 4/20/2018 granting #60 Motion to Withdraw as Counsel Delia Clark. cc: Counsel(KJA)
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Filing 68
ORDER ENTERING AGREED BRIEFING SCHEDULE by Senior Judge Thomas B. Russell on 4/18/2018. Schedules re: #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM / MOTION to Dismiss : Responses due by 5/2/2018, Replies due by 5/16/2018.cc: counsel (MNM)
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Filing 67
MOTION for Joshua S. Boyette to Appear Pro Hac Vice, filing fee $125, receipt number P33003874, by Plaintiffs Gale Carter and Forbes Hayes. (Attachments: #1 Cover Letter, #2 Certificate of Good Standing, #3 Proposed Order, #4 Receipt) (MNM)
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Filing 66
Proposed Agreed Order/Stipulation re #55 (Attachments: #1 Proposed Order) by Paschall Truck Lines, Inc.. (Paynter, Elizabeth)
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NOTICE of email confirmation to Van F. Sims re #61 Request for Fee Refund (MLG)
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Filing 65
TEXT ORDER Signed by Senior Judge Thomas B. Russell on 4/16/2018 granting #63 Motion to Appear Pro Hac Vice Manali Arora. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 64
TEXT ORDER Signed by Senior Judge Thomas B. Russell on 4/16/2018 granting #62 Motion to Appear Pro Hac Vice Justin Swidler. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 63
MOTION for Manali Arora to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Receipt) (KJA)
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Filing 62
MOTION for Justin Swidler to Appear Pro Hac Vice Filing fee $ 125. by Plaintiffs Gale Carter, Forbes Hayes (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Receipt) (KJA)
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Filing 61
Request for Fee Refund by Paschall Truck Lines, Inc.. (Sims, Van)
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Response to #40 Notice of Deficiency, #39 Notice of Deficiency. (KJA)
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Filing 60
MOTION to Withdraw by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Proposed Order) (Sims, Van)
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Filing 59
RESPONSE to Motion re #32 filed by Gale Carter, Forbes Hayes. (Attachments: #1 Certification of Travis B. Martindale-Jarvis, Esq., #2 Exhibit A - Named Plaintiffs' Independent Contractor Service Agreements, #3Exhibit B - Certification of Jeffrey W. Bullock, #4 Exhibit C - Certificate of Conversion to Limited Liability COmpany, #5 Exhibit D - ECN Financial LLC's Brief in Response to Defendant's Motion to Dismiss, ECN Financial LLC, successor to ECN Financial Corp. v. Chapman, #6Exhibit E - Defendant Element Transportation LLC's Answer to Plaintiffs Complaint, Keybank NAt'l ASsoc. v. ELement Transportation LLC, f/k/a Element Financial Corp. and Element Fleet Management Corp., f/k/a Element Financial Corp, #7 Exhibit F - Order Denying Defendant's Motion to Dismiss, Davis v. Colonial Freight Systems, Inc.,No. 3:16-cv-674 (E.D. Tenn. Nov. 22, 2017), #8 Exhibit G - In Re Rodney Dale Lackey -Official Form 410 Proof of Claim, Case 17-40515 (E.D. Tex. June 7, 2017), #9 Proposed Order, #10 Certificate of Service) (Martindale-Jarvis, Travis) Modified on 4/16/2018 to add attachment descriptions (KJA).
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Filing 58
TEXT ORDER by Senior Judge Thomas B. Russell on 4/10/2018.IT IS ORDERED:1. Counsel who will represent the parties at trial and who have full authority to enter stipulations, to make admissions, and to bind the parties with respect to dates agreed upon or ordered shall be available for a TELEPHONIC SCHEDULING CONFERENCE ON MAY 2, 2018 at 2:00 p.m. CENTRAL TIME. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call.2. Pursuant to Rule 26(f) Fed.R.Civ.P. counsel shall discuss and establish a discovery plan which shall be submitted to the Court at the scheduling conference either orally during the telephonic conference or in writing. Counsel are directed to make the mandatory disclosures required by Rule 26(a)(l) Fed.R.Civ.P. by said conference date.3. At the Rule 16 telephonic scheduling conference dates will be fixed for the following, as appropriate to the case: a) Joinder of additional parties and amendments to pleadings. b) Disclosure of deadlines for experts. c) Discovery scope, limits and completion. d) Filing of dispositive motions. e) Exchange of exhibits and final witness lists. f) Conferences before trial, including a final pretrial conference. g) Trial. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (KPH)
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Filing 57
TEXT ORDER Signed by Senior Judge Thomas B. Russell on 4/10/2018 granting #56 Motion to Appear Pro Hac Vice Travis Martindale-Jarvis. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 56
MOTION for Travis Martindale-Jarvis to Appear Pro Hac Vice. Filing fee $125 paid, receipt number P33003869, by Plaintiffs Gale Carter and Forbes Hayes. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Cover Letter and Mailing Envelope) (MNM)
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Response to #40 Notice of Deficiency. (MNM)
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Filing 55
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Sims, Van)
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Filing 54
AGREED ORDER by Senior Judge Thomas B. Russell on 3/30/2018: Schedules re: #32 Motion to Dismiss :( Responses due by 4/10/2018., Replies due by 4/24/2018.)cc:counsel (KJA)
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Filing 53
Corporate Disclosure Statement by Element Transportation, LLC. (Etter, Richard)
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Filing 52
Proposed Agreed Order/Stipulation re #32 by Element Transportation, LLC. (Johnson, Kyle)
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Filing 51
TEXT ORDER signed by Senior Judge Thomas B. Russell on 3/29/2018 granting #47 Motion to Appear Pro Hac Vice Adam J. Eakman. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 50
TEXT ORDER signed by Senior Judge Thomas B. Russell on 3/29/2018 granting #46 Motion to Appear Pro Hac Vice Christopher J. Eckhart. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 49
TEXT ORDER signed by Senior Judge Thomas B. Russell on 3/29/2018 granting #45 Motion to Appear Pro Hac Vice E. Ashley Paynter. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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Filing 48
TEXT ORDER signed by Senior Judge Thomas B. Russell on 3/29/2018 granting #43 Motion to Appear Pro Hac Vice Richard L. Etter. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel(KJA)
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Response to #38 Notice of Deficiency, #36 Notice of Deficiency. (KJA)
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Filing 47
MOTION for Adam J. Eakman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2614903. by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit 1: Affidavit, #2 Exhibit 2: Certificate, #3 Proposed Order) (Sims, Van)
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Filing 46
MOTION for Christopher J. Eckhart to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2614892. by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit 1: Affidavit, #2 Exhibit 2: Certificate, #3 Proposed Order) (Sims, Van)
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Filing 45
MOTION for E. Ashley Paynter to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2614870. by Defendant Paschall Truck Lines, Inc. (Attachments: #1 Exhibit 1: Affidavit, #2 Exhibit 2: Certificate, #3 Proposed Order) (Sims, Van)
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Filing 44
NOTICE of Appearance by Van F. Sims on behalf of Paschall Truck Lines, Inc. (Sims, Van)
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Filing 43
MOTION for Richard L. Etter to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2614589. by Defendant Element Transportation, LLC (Attachments: #1 Exhibit Declaration of R. Etter, #2 Proposed Order Order Granting Admission Pro Hac Vice) (Johnson, Kyle)
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Filing 42
NOTICE of Appearance by Kyle D. Johnson on behalf of Element Transportation, LLC (Johnson, Kyle)
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Filing 41
ATTORNEY NOTICE of Deficiency issued to Attorney Joshua S. Boyette re #34 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/3/2018. (JM)
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Filing 40
ATTORNEY NOTICE of Deficiency issued to Attorney Travis Martindale-Jarvis re #34 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/3/2018. (JM)
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Filing 39
ATTORNEY NOTICE of Deficiency issued to Attorney Justin L. Swindler re #34 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/3/2018. (JM)
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Filing 38
ATTORNEY NOTICE of Deficiency issued to Attorney Christopher J. Eckhart re #34 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/3/2018. (JM)
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Filing 37
ATTORNEY NOTICE of Deficiency issued to Attorney Delia A. Clark re #34 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/3/2018. (JM)
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Filing 36
ATTORNEY NOTICE of Deficiency issued to Attorney Richard L. Etter re #34 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/3/2018. (JM)
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Filing 35
Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (JM)
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Filing 34
Case transferred in from District of Pennsylvania Eastern; Case Number 2:17-cv-04543. Original file certified copy of transfer order and docket sheet received. (JM)
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Filing 33
ORDER THAT THIS ACTION IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY, PADUCAH DIVISION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/6/2018. 2/15/2018 ENTERED AND COPIES E-MAILED.(kp, ) [Transferred from paed on 3/20/2018.]
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Filing 32
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ELEMENT TRANSPORTATION, LLC.Memorandum, Declaration, Proposed Order. (Attachments: #1 Memorandum, #2 Declaration, #3 Text of Proposed Order)(ETTER, RICHARD) [Transferred from paed on 3/20/2018.]
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Filing 31
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ELEMENT TRANSPORTATION, LLC.Certificate of Service. (Attachments: #1 Text of Proposed Order)(ETTER, RICHARD) [Transferred from paed on 3/20/2018.]
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Filing 30
NOTICE by GALE CARTER, FORBES HAYES of Filing of Consent Forms (Attachments: #1 Exhibit Consent Forms)(SWIDLER, JUSTIN) [Transferred from paed on 3/20/2018.]
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Filing 29
Request to enter Consent Order to Transfer by GALE CARTER, FORBES HAYES.**(COPY FORWARDED TO JUDGE FOR APPROVAL)** (BOYETTE, JOSHUA) Modified on 2/7/2018 (tjd). [Transferred from paed on 3/20/2018.]
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Filing 28
STIPULATION AND ORDER THAT ELEMENT TRANSPORTATION, LLC MAY ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT ON OR BEFORE 2/14/2018.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/31/2018. 2/1/2018 ENTERED AND COPIES E-MAILED.(kp, ) [Transferred from paed on 3/20/2018.]
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Filing 27
STIPULATION re #19 Amended Complaint AND ORDER TO EXTEND TIME FOR DEFENDANT ELEMENT TRANSPORTATION, LLC TO RESPOND TO PLAINTIFFS' FIRST AMENDED INDIVIDUAL, COLLECTIVE, AND CLASS ACTION CIVIL COMPLAINT by ELEMENT TRANSPORTATION, LLC, PASCHALL TRUCK LINES, INC.. (ETTER, RICHARD) [Transferred from paed on 3/20/2018.]
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Filing 26
MOTION to Withdraw as Attorney filed by ECN FINANCIAL LLC.Certificate of Service. (Attachments: #1 Text of Proposed Order)(ETTER, RICHARD) [Transferred from paed on 3/20/2018.]
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Filing 25
NOTICE of Appearance by RICHARD L. ETTER on behalf of ECN FINANCIAL LLC, ELEMENT TRANSPORTATION, LLC with Jury Demand and Certificate of Service(ETTER, RICHARD) [Transferred from paed on 3/20/2018.]
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Filing 24
STIPULATION AND ORDER THAT PLAINTIFF MAY FILE A RESPONSE TO THE MOTION TO DISMISS ON OR BEFORE 2/5/2018.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/16/2018. 1/16/2018 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kp, ) [Transferred from paed on 3/20/2018.]
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Filing 23
STIPULATION for Extension of Time to Respond to Defendant Paschall Truck Lines, Inc.'s Motion to Dismiss or in the Alternative to Transfer by GALE CARTER, FORBES HAYES.**(FILED IN ERROR, COPY FORWARDED TO JUDGE FOR APPROVAL)** (BOYETTE, JOSHUA) Modified on 1/16/2018 (tjd). [Transferred from paed on 3/20/2018.]
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Filing 22
SUMMONS Returned Executed by GALE CARTER, FORBES HAYES re: Jason V. Kuczeriawenko served Summons and Complaint upon ELEMENT TRANSPORTATION, LLC by Personal. ELEMENT TRANSPORTATION, LLC served on 1/10/2018, answer due 1/31/2018. (BOYETTE, JOSHUA) [Transferred from paed on 3/20/2018.]
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Filing 21
Memorandum in Support re #20 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer filed by PASCHALL TRUCK LINES, INC.. (Attachments: #1 Declaration of Tom Stephens)(ECKHART, CHRISTOPHER) [Transferred from paed on 3/20/2018.]
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Filing 20
MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer filed by PASCHALL TRUCK LINES, INC... (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss, #2 Text of Proposed Order Granting Motion to Transfer)(ECKHART, CHRISTOPHER) [Transferred from paed on 3/20/2018.]
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Filing 19
AMENDED COMPLAINT against ECN FINANCIAL LLC, JOHN DOES 1-20, PASCHALL TRUCK LINES, INC., ELEMENT TRANSPORTATION, LLC, filed by GALE CARTER, FORBES HAYES.(kp, ) [Transferred from paed on 3/20/2018.]
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Filing 18
ORDER THAT THE #17 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. THE FIRST AMENDED COMPLAINT IS HEREBY DEEMED FILED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/19/2017.12/19/2017 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(kp, ) [Transferred from paed on 3/20/2018.]
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2 Summons Issued as to ELEMENT TRANSPORTATION, LLC and ECN FINANCIAL LLC. Forwarded To: COUNSEL on 12/19/2017 (kp, ) Modified on 12/19/2017 (kp, ). [Transferred from paed on 3/20/2018.]
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Filing 17
MOTION for Leave to File an Amended Complaint filed by GALE CARTER, FORBES HAYES.Certificate of Service. (Attachments: #1 Exhibit A - Proposed First Amended Complaint, #2 Text of Proposed Order, #3 Certificate of Service)(BOYETTE, JOSHUA) [Transferred from paed on 3/20/2018.]
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Filing 16
NOTICE of Voluntary Dismissal by GALE CARTER, FORBES HAYES As To PNC EQUIPMENT FINANCE, LLC(MARTINDALE-JARVIS, TRAVIS) [Transferred from paed on 3/20/2018.]
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Filing 15
NOTICE of Appearance by TRAVIS MARTINDALE-JARVIS on behalf of GALE CARTER, FORBES HAYES (MARTINDALE-JARVIS, TRAVIS) [Transferred from paed on 3/20/2018.]
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Filing 14
NOTICE of Appearance by JOSHUA S. BOYETTE on behalf of GALE CARTER, FORBES HAYES (BOYETTE, JOSHUA) [Transferred from paed on 3/20/2018.]
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Filing 13
ORDER THAT THE MOTION FOR EXTENSION OF TIME TO ANSWER IS GRANTED. PASCHALL TRUCK LINES, INC.'S RESPONSE TO PLAINTIFF'S COMPLAINT IS DUE ON 12/22/2017.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/12/2017.12/12/2017 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(kp, ) [Transferred from paed on 3/20/2018.]
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Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent INTERSTATE PERSONNEL SERVICES, INC. for PASCHALL TRUCK LINES, INC. by PASCHALL TRUCK LINES, INC.**(SEE DOCUMENT #12 FOR ORIGINAL FILING AND PDF)**.(tjd) [Transferred from paed on 3/20/2018.]
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Filing 12
Statement of Disclosure Form 7.1 by PASCHALL TRUCK LINES, INC.. (ECKHART, CHRISTOPHER) Modified on 12/13/2017 (tjd). [Transferred from paed on 3/20/2018.]
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Filing 11
MOTION for Extension of Time to File Answer filed by PASCHALL TRUCK LINES, INC..Certificate of Service. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Certificate of Service Certfiicate of Counsel)(CLARK, DELIA) [Transferred from paed on 3/20/2018.]
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Filing 10
SUMMONS Returned Executed by GALE CARTER, FORBES HAYES re: Mary Kerns served Summons and Complaint upon ECN FINANCIAL LLC by Personal. ECN FINANCIAL LLC served on 11/2/2017, answer due 11/24/2017. (SWIDLER, JUSTIN) [Transferred from paed on 3/20/2018.]
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Filing 9
ORDER THAT THE APPLICATION FOR ADMISSION TO THE COURT PRO HAC VICE OF ATTORNEY CHRISTOPHER J. ECKHART for PASCHALL TRUCK LINES, INC. IS GRANTED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/28/2017. 11/28/2017 ENTERED AND COPIES MAILED TO COUNSEL AND UNREP, E-MAILED. ECF APP FORWARDED.(kp, ) [Transferred from paed on 3/20/2018.]
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Filing 8
APPLICATION for Admission Pro Hac Vice of Christopher J. Eckhart by PASCHALL TRUCK LINES, INC.. ( Filing fee $ 40 receipt number 0313-12476771.). (Attachments: #1 Text of Proposed Order proposed Order, #2 Certificate of Service Certificate of Service, #3 Exhibit Exhibit A)(CLARK, DELIA) [Transferred from paed on 3/20/2018.]
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Filing 7
STIPULATION AND ORDER THAT PASCHALL TRUCK LINES, INC. SHALL ANSWER PLAINTIFF'S COMPLAINT ON OR BEFORE 12/12/2017. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/22/2017. 11/22/2017 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(kp, ) [Transferred from paed on 3/20/2018.]
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Filing 6
STIPULATION AND ORDER THAT PNC EQUIPMENT FINANCE, LLC SHALL ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT ON OR BEFORE 12/22/2017. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/22/2017. 11/22/2017 ENTERED AND COPIES MAILED TO UNREP, E-MAILED. (kp, ) [Transferred from paed on 3/20/2018.]
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Filing 5
NOTICE of Appearance by AMY L. BASHORE on behalf of PNC EQUIPMENT FINANCE, LLC with Certificate of Service(BASHORE, AMY) [Transferred from paed on 3/20/2018.]
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Filing 4
NOTICE of Appearance by DAVID S. FRYMAN on behalf of PNC EQUIPMENT FINANCE, LLC with Certificate of Service(FRYMAN, DAVID) [Transferred from paed on 3/20/2018.]
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Filing 3
STIPULATION to Extend Time to Answer by PASCHALL TRUCK LINES, INC.**(FILED IN ERROR BY ATTY, COPY FORWARDED TO JUDGE FOR APPROVAL)**. (CLARK, DELIA) Modified on 11/22/2017 (tjd). [Transferred from paed on 3/20/2018.]
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Filing 2
NOTICE of Appearance by DELIA A. CLARK on behalf of PASCHALL TRUCK LINES, INC. with certificate of service(CLARK, DELIA) [Transferred from paed on 3/20/2018.]
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Summons 3 Issued as to ECN FINANCIAL LLC, PASCHALL TRUCK LINES, INC., PNC EQUIPMENT FINANCE, LLC. Forwarded To: Counsel on 10/12/17 (tj, ) [Transferred from paed on 3/20/2018.]
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DEMAND for Trial by Jury by GALE CARTER, FORBES HAYES. (tj, ) [Transferred from paed on 3/20/2018.]
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Filing 1
COMPLAINT against ECN FINANCIAL LLC, JOHN DOES 1-20, PASCHALL TRUCK LINES, INC., PNC EQUIPMENT FINANCE, LLC ( Filing fee $ 400 receipt number 0313-12384976.), filed by GALE CARTER, FORBES HAYES. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form)(SWIDLER, JUSTIN) [Transferred from paed on 3/20/2018.]
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