Baricuatro et al v. Industrial Personnel and Management Services, Inc. et al
| Josue Rabadan, Roseller Manuel, Armando Chumacera, Rogelio Calagos, Alberto Arcilla, Butch Era Perez, Daniel Acierto, Isidro Baricuatro, Jr., Joel Franco, Saxon Gannod, Ferdinand D Garcia, Welson Gorom, Rodelio Maligo, Adrian Payagan, Erwin A. Realin, Marcelo Relota and Bonifacio Carreon |
| Industrial Personnel and Management Services, Inc., Danilo N Dayao, D & R Resources, LLC, Grand Isle Shipyard, Inc., V People, Inc., Randolph F Nunez-Malagapo, Pacific Ocean Manning Incorporated and Thunder Enterprises, Inc. |
| 2:2011cv02777 |
| November 8, 2011 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Jefferson |
| Kurt D. Engelhardt |
| Joseph C. Wilkinson |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
677
ORDER and REASONS granting in part and denying in part 583 Motion for Partial Summary Judgment on Plaintiffs' Purported Tax Refund Claim; granting in part and denying in part 585 Motion for Partial Summary Judgment on Plaintiffs' Misr epresentation Claims; granting 586 Motion for Partial Summary Judgment on Plaintiffs' Purported Tax Refund Claim; denying 609 Motion for Partial Summary Judgment on Section 1981 Claim; granting in part and denying in part 628 Motion for Partial Summary Judgment on Plaintiffs' Breach of Contract and Implied Duty of Good Faith and Fair Dealing Claims and denying 635 Motion for Partial Summary Judgment on Damages, as stated within document. Signed by Judge Kurt D. Engelhardt on 7/7/2014. (cbs)
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Filing
551
ORDER and REASONS - Before the Court are Plaintiffs' Motion for Class Certification Pursuant to Fed. R. Civ. P. 23 401 and Plaintiffs' Motion for Separate Trials of Claims and Issues Pursuant to FRCP 42(b) 400 . IT IS ORDERED that; 1) Pl aintiffs' Motion for Class Certification Pursuant to Fed. R. Civ. P. 23 (Rec. Doc. 401) is hereby DENIED, and plaintiffs' Motion for Separate Trials of Claims and Issues Pursuant to FRCP 42(b) (Rec. Doc. 400) is hereby DENIED WITHOUT PREJUD ICE; 2) Counsel for the parties to the FLSA collective action shall confer and submit within thirty (30) days a joint proposed trial plan for the FLSA claims, as stated within document. Signed by Judge Kurt D. Engelhardt on 11/18/2013. (cbs) (Main Document 551 replaced on 11/18/2013) (cbs).
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Filing
467
ORDER & REASONS granting in part and denying in part 416 Motion for Contempt and/or Sanctions; granting in part and denying in part 419 Motion for Sanctions; ORDERED that no later than 7/19/2013, dfts must file and serve a motion to fix the amount of this award, supported by affidavits and other evidentiary material as set forth in document; Opposition to motion due 7/30/2013. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF: J.Engelhardt) (lag, )
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Filing
465
ORDER and REASONS - IT IS ORDERED that the Motion for Partial Summary Judgment 406 , filed by defendants DNR Offshore and Crewing Services, Inc., Grand Isle Shipyard, Inc., Thunder Enterprises, Inc., D&R Resources, LLC, Danilo N. Dayao, and Randolf Malagapo, is hereby GRANTED, and the plaintiffs' claims for false imprisonment are hereby DISMISSED, as stated within document. Signed by Judge Kurt D. Engelhardt on 7/3/2013. (cbs)
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Filing
447
ORDER and REASONS granting in part and denying in part 309 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration of Defendant DNR Offshore and Crewing Services, Inc. and granting 352 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration of DNR-Offshore and Crewing Services, Inc., as stated within document. Signed by Judge Kurt D. Engelhardt on 6/24/2013. (cbs)
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Filing
440
ORDER and REASONS denying as moot 275 Motion to Dismiss and/or Compel Arbitration as to Plaintiffs Isagani Garing and Angelito Marasigan and granting in part and denying without prejudice in part 368 Motion to Compel Arbitration, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/18/2013. (cbs)
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Filing
351
ORDER AND REASONS ON MOTIONS. For the reasons set forth herein, IT IS ORDERED that Defendants' Motion to Modify Protective Order and Impose Sanctions, Record Doc. No. 312, is GRANTED IN PART and DENIED IN PART, and that Plaintiffs' Motion for Contempt and Sanctions, Record Doc. No. 321, is DENIED. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 3/13/13.(tbl)
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Filing
330
ORDER and REASONS granting in part and denying in part 214 Motion to Dismiss for Improper Venue under 12(b)(3) or, Alternatively, Motion to Compel Arbitration and Stay Proceedings Pending Arbitration, as stated within document. Signed by Judge Kurt D. Engelhardt on 2/27/2013. (cbs)
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Filing
310
ORDER and REASONS granting 304 Motion for Leave to File Fourth Amended Class and Collective Action Complaint. Signed by Judge Kurt D. Engelhardt on 2/19/2013. (cbs) Modified on 2/19/2013 to edit document type (cbs).
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Filing
218
ORDER and REASONS granting in part and denying in part Plaintiffs' 136 Motion to Proceed as a Collective Action and Facilitate Notice Under 29 U.S.C. 216(b). IT IS FURTHER ORDERED that the plaintiffs and defendants Grand Isle, D&R, and DNR submit within seven (7) days a joint proposed notice plan, as described within document. Signed by Judge Kurt D. Engelhardt on 11/9/2012. (cab) Modified on 11/9/2012 to edit document type (cab).
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Filing
210
ORDER and REASONS - Before the Court are four motions to dismiss directed to the plaintiffs' Second Amended Class and Collective Action Complaint (Rec. Doc. 172). IT IS ORDERED that V Manpower Philippines, Inc., Pacific Ocean Manning Inc. & V P eople, Inc.'s Second Motion to Dismiss under Rule 12(b)(6) 190 is hereby DENIED. IT IS FURTHER ORDERED that the following motions are hereby GRANTED IN PART and DENIED IN PART. The Partial Motion to Dismiss Pursuant to FRCP 12(b)(6) 175 , fi led by Industrial Personnel and Management Services, Inc., DNR Offshore and Crewing Services, Inc. and Nilfil Peralta. The Partial Motion to Dismiss Plaintiffs' Second Amended Complaint 176 , filed by Grand Isle Shipyard, Inc., Thunder Enterprises, Inc., and Mark Pregeant, Jr. and the Motion to Dismiss Second Amended Complaint 177 , filed by D&R Resources, LLC, Randolf Malagapo, and Danilo Dayao, as stated within document. Signed by Judge Kurt D. Engelhardt on 10/25/2012. (cab)
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