Brummett v. United Propane Gas, Inc. et al
| Angel Brummett |
| United Propane Gas, Inc. and DCC Propane, LLC |
| 5:2022cv00037 |
| March 10, 2022 |
| US District Court for the Western District of Kentucky |
| Lanny King |
| Thomas B Russell |
| Greg N Stivers |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER APPROVING SETTLEMENT signed by Chief Judge Greg N. Stivers on 6/2/2023. Granting #40 Motion for Settlement; granting #41 Motion to Replace Filed Settlement Agreement with Redacted Version. cc: Counsel(KJA)
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| Filing 41 MOTION re #40 Unopposed MOTION for Settlement Approval to Replace Filed Settlement Agreement with Redacted Version by Defendant United Propane Gas, Inc. (Attachments: #1 Exhibit 1 - Redacted copy of Agreement) (Coates, John) (Additional attachment(s) added on 2/1/2023: #2 Proposed Order) (MNM). |
| Filing 40 Unopposed MOTION for Settlement Approval by Plaintiff Angel Brummett (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Memorandum in Support of Plaintiffs Unopposed Motion for Approval of Settlement, #3 Proposed Order Approving Settlement, #4 Affidavit Declaration of David W. Garrison) (Garrison, David) |
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Filing 39
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 1/27/2023. Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Lanny King, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge King is further authorized to conduct a settlement conference in this matter at any time. This Order amends the previous referral Order at DN #30 . This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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| Schedules per DN #38 : Motions due by 1/31/2023. (TJD) |
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Filing 38
ORDER by Magistrate Judge Lanny King on 1/18/2023 granting #37 Joint Motion to Cancel Scheduling Conference, Hold Deadlines in Abeyance, and Set Deadline for Moving for Approval of Settlement. The 1/23/2023 scheduling conference is cancelled. All other deadlines are held in abeyance. Parties shall file an appropriate motion by 1/31/2023. cc: Counsel(JWM)
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| Filing 37 Joint MOTION Joint Status Report and Joint Motion to Cancel Scheduling Conference, Hold Deadlines in Abeyance, and Set Deadline for Moving for Approval of Settlement by Plaintiff Angel Brummett (Attachments: #1 Proposed Order) (Garrison, David) |
| Filing 36 NOTICE Notice of Filing Notice of Consent by Angel Brummett (Attachments: #1 Exhibit A - Consent Form) (Garrison, David) |
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Filing 35
TEXT ORDER by Magistrate Judge Lanny King on 11/28/2022. A Telephonic Status Conference was held on 11/28/2022. Counsel for the parties were in attendance on this call. A Telephonic Scheduling Conference is scheduled for 01/23/2023 at 2:30 p.m. Central Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. Parties shall file a Joint Status Report by 01/18/2023. If this case is not settled by that date, the Joint Status Report shall include a proposed litigation plan or if there is a dispute, what the dispute is. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (MHB)
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| Filing 34 Corporate Disclosure Statement identifying Corporate Parent DCC PLC for DCC Propane, LLC. by DCC Propane, LLC. (Weber, Katharine) |
| Filing 33 NOTICE of Deficiency to DCC Propane, LLC re #21 Answer to Complaint. Reason for Deficiency: Missing Corporate Disclosure Statement. Failure to comply will be brought to the attention of the Court. Response due by 10/25/2022. (TJD) |
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Filing 32
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 22-12, this matter is reassigned to the docket of Chief Judge Greg N. Stivers for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel, CM-Stivers (KJA)
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| Filing 31 NOTICE by Angel Brummett (Attachments: #1 Exhibit A - Final Notice) (Garrison, David) |
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Filing 30
ORDER signed by Senior Judge Thomas B. Russell on 9/16/2022. Granting #29 Motion to Certify Class. Referred to Magistrate Judge Lanny King. Telephone Conference set for 11/28/2022 10:00 AM before Senior Magistrate Judge Lanny King. Stay is lifted. cc: Counsel(KJA) Modified on 9/20/2022 to edit text (KJA).
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| Filing 29 Joint MOTION to Certify Class Joint Motion and Stipulation for Conditional Class Certification and Notice to Putative Collective Action Members by Plaintiff Angel Brummett (Attachments: #1 Exhibit A - Proposed Notice, #2 Proposed Order) (Garrison, David) |
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Filing 28
ORDER by Senior Judge Thomas B. Russell on 9/6/2022. Stay is extended until 9/13/2022. Joint Status Report due by 9/20/2022.cc:counsel (KJA)
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| Filing 27 Joint STATUS REPORT by United Propane Gas, Inc.. (Coates, John) |
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Filing 26
ORDER signed by Senior Judge Thomas B. Russell on 7/18/2022. Granting #25 Motion to Stay. Joint Status Report due by 8/30/2022. cc: Counsel(KJA)
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| Filing 25 Joint MOTION to Stay for 45 Days With Status Report Requirement and Stipulation on Tolling Agreement by Defendant DCC Propane, LLC (Attachments: #1 Proposed Order) (Weber, Katharine) |
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Filing 24
ORDER signed by Senior Judge Thomas B. Russell on 6/27/2022. Granting #23 Motion for Extension of Time to File Response/Reply as to #22 MOTION to Certify Class Plaintiff's Motion for the Issuance of Court-Supervised Notice and Stipulation on Tolling. Defendants shall have until 7/15/2022, to respond to Plaintiff's Motion, and Plaintiff shall have until 7/29/2022, to file a Reply in support of her Motion. cc: Counsel(KJA)
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| Filing 23 Joint MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Certify Class Plaintiff's Motion for the Issuance of Court-Supervised Notice and Stipulation on Tolling by Plaintiff Angel Brummett (Attachments: #1 Proposed Order) (Garrison, David) |
| Filing 22 MOTION to Certify Class Plaintiff's Motion for the Issuance of Court-Supervised Notice by Plaintiff Angel Brummett (Attachments: #1 Exhibit 1 to Motion - Proposed FLSA Notice, #2 Exhibit 2 to Motion - Proposed Consent Form, #3 Proposed Order Proposed Order Granting Notice, #4 Memorandum in Support Memorandum in Support of Motion, #5 Exhibit 1 to Memorandum - DCC 2021 Annual Report Excerpts, #6 Affidavit Declaration of Joshua A. Frank, #7 Exhibit A to Frank Declaration - UPG "CAREERS" Web Page, #8 Exhibit B to Frank Declaration - DCC "EMPLOYMENT CENTER" Web Page, #9 Exhibit C to Frank Declaration - USPTO Trademark Search Results for UPG, #10 Affidavit Declaration of Angel Brummett, #11 Exhibit A to Brummett Declaration - Paystub 9/12/2019-9/18/2019, #12 Exhibit B to Brummett Declaration - Wage and Performance Review Letter, #13 Exhibit C to Brummett Declaration - Paystubs 2/18/2021-2/24/2021, 3/18/2021-3/24/2021, #14 Exhibit D to Brummett Declaration - Paystub 7/18/2021-7/31/2021, #15 Affidavit Declaration of Pam Ayers, #16 Exhibit A to Ayers Declaration - 2021 IRS Form W-2 from DCC) (Garrison, David) |
| Filing 21 ANSWER to #1 Complaint by DCC Propane, LLC. (Weber, Katharine) |
| Filing 20 Corporate Disclosure Statement identifying Corporate Parent Liberty Propane Gas, LLC for United Propane Gas, Inc.. by United Propane Gas, Inc.. (Hatmaker, James) |
| Filing 19 ANSWER to #1 Complaint by United Propane Gas, Inc.. (Hatmaker, James) |
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Filing 18
TEXT ORDER signed by Senior Judge Thomas B. Russell on 5/4/2022 granting #14 Motion to Appear Pro Hac Vice for J. Keith Coates, Jr. and granting #16 Motion to Appear Pro Hac Vice J. Chadwick Hatmaker. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KPH)
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| Filing 17 Response to #15 Notice of Deficiency (Method of Training) filed by United Propane Gas, Inc. (KJA) |
| Filing 15 NOTICE of Deficiency re #14 Motion to Appear Pro Hac Vice.Reason for Deficiency: Method of training. Failure to comply will be brought to the attention of the Court. Response due by 4/29/2022. (KPH) |
| Filing 16 MOTION for J. Chadwick Hatmaker to Appear Pro Hac Vice by Defendant United Propane Gas, Inc. Filing fee $ 125, receipt no. P33004188. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (KPH) |
| Filing 14 MOTION for J. Keith Coates, Jr. to Appear Pro Hac Vice by Defendant United Propane Gas, Inc. Filing fee $ 125, receipt no. P33004188. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (KPH) |
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Filing 13
ORDER Signed by Senior Judge Thomas B. Russell on 4/14/2022 granting #11 Agreed Order extending time to answer or otherwise plead. Def. UPG extended to 5/16/2022, Def. DCC extended to 5/19/2022. cc: Counsel(KPH)
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Filing 12
TEXT ORDER Signed by Senior Judge Thomas B. Russell on 4/14/2022 granting #5 Motion to Appear Pro Hac Vice for Joshua A. Frank. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KPH) Modified on 4/15/2022 to reflect Text Order entry (KPH).
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| Filing 11 Proposed Agreed Order Extending Time For All Defendants To Move, Plead or Respond to Complaint by DCC Propane, LLC. (Weber, Katharine) |
| Filing 10 NOTICE of Appearance by Ryan M. Martin on behalf of DCC Propane, LLC (Martin, Ryan) |
| Filing 9 NOTICE of Appearance by Katharine C. Weber on behalf of DCC Propane, LLC (Weber, Katharine) |
| Filing 8 SUMMONS Returned Executed by Angel Brummett. DCC Propane, LLC served on 3/29/2022, answer due 4/19/2022. (Garrison, David) |
| Filing 7 SUMMONS Returned Executed by Angel Brummett. United Propane Gas, Inc. served on 3/24/2022, answer due 4/14/2022. (Garrison, David) |
| Filing 6 NOTICE of Filing Notice of Consent by Angel Brummett (Attachments: #1 Exhibit A - Consent Form) (Garrison, David) |
| Filing 5 MOTION for Joshua A. Frank to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3549377. by Plaintiff Angel Brummett (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing) (Garrison, David) |
| Filing 4 NOTICE Of Filing Notice Of Consent by Angel Brummett (Attachments: #1 Exhibit A - Consent Form) (Garrison, David) |
| Filing 3 Summons Issued as to DCC Propane, LLC and United Propane Gas, Inc. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (MNM) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (MNM) |
| Filing 1 COLLECTIVE ACTION COMPLAINT against DCC Propane, LLC and United Propane Gas, Inc. Filing fee $402, receipt number AKYWDC-3541476, filed by Angel Brummett. (Attachments: #1 Cover Sheet, #2 Summons Tendered) (MNM) |
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