Duplechain v. ABC Phones of North Carolina, Inc. et al
| Kristi Duplechain |
| ABC Phones of North Carolina, Inc and Richard Balot |
| 3:2020cv00287 |
| May 11, 2020 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Scott D Johnson |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 |
| None |
Docket Report
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This docket was last retrieved on July 7, 2020. A more recent docket listing may be available from PACER.
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Filing 25
ORDER granting #24 Motion for Extension of Time to File Response to #8 MOTION to Stay , #19 MOTION to Dismiss for Failure to State a Claim , #20 MOTION to Compel Arbitration . Responses due 8/5/2020. Replies due by 9/4/2020.Signed by Judge John W. deGravelles on 7/7/2020. (SWE)
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| Filing 24 Joint MOTION for Extension of Time for Plaintiff to Respond to #8 Motion to Stay, #19 Motion to Dismiss and #20 Motion to Compel Arbitration by Kristi Duplechain. (Attachments: #1 Proposed Pleading;)(Bullman, James) Modified on 7/7/2020 (SWE). Modified on 7/7/2020 to edit event, docket text and link documents (SWE). |
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Response to #18 MOTION to Transfer Venue to the Western Division of the Eastern District of North Carolina. Plaintiff's deadline to respond to the Motion to Transfer Venue is extended by 30 days, extending her deadline to respond to August 5, 2020, and ABC's deadline to reply to August 19, 2020. The Court grants ABC's motion to suspend the deadline to respond to the Motion for Conditional Certification until after the Court rules on ABC's pending Motion to Transfer Venue, Motion to Dismiss for Failure to State a Claim (Doc. 19), and Motion to Compel Arbitration (Doc. 20). If the Motion for Conditional Certification is pending in this Court after the Court rules on these motions (Docs. 18-20), the Court will then issue a Notice of Briefing Schedule on the Motion for Conditional Certification. Signed by Judge John W. deGravelles on 06/23/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 22 Joint MOTION for Extension of Deadlines to File Response to #18 MOTION to Transfer Venue to the Western Division of the Eastern District of North Carolina, #2 MOTION for Conditional Certification of Class Claims Under 216(b) of the FLSA by Plaintiff Kristi Duplechain and by ABC Phones of North Carolina, Inc. (Attachments: #1 Proposed Pleading; Proposed Order)(Peak, Thomas) Modified on 6/19/2020 to edit the docket text (SWE). |
| Filing 21 NOTICE of Briefing Schedule on #18 MOTION to Transfer Venue to the Western Division of the Eastern District of North Carolina, #19 MOTION to Dismiss for Failure to State a Claim , #20 MOTION to Compel Arbitration : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 20 MOTION to Compel Arbitration by ABC Phones of North Carolina, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Patel)(Peak, Thomas) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim by ABC Phones of North Carolina, Inc. (Attachments: #1 Memorandum in Support)(Peak, Thomas) |
| Filing 18 MOTION to Transfer Venue to the Western Division of the Eastern District of North Carolina by ABC Phones of North Carolina, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Skiba, #3 Exhibit Declaration of Patel)(Peak, Thomas) Modified on 6/16/2020 to edit the docket text (KMW). |
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Filing 17
ORDER granting #11 , #12 and #13 Motions for Angela C. Zambrano, Margaret Hope Allen and Natali Wyson to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/1/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH)
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| Set/Reset Deadlines: ABC Phones of North Carolina, Inc answer due 6/15/2020. (EDC) |
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Filing 16
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 8/6/2020 at 10:00 AM in chambers before Magistrate Judge Scott D. Johnson. Status Report due by 7/23/2020. Signed by Magistrate Judge Scott D. Johnson on 5/27/2020. (KAH)
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| Filing 15 Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 5/26/2020. The Court grants #6 Motion for Extension of Time to Plead and responsive pleadings due by 6/15/2020. The Court grants #7 Motion for Extension of Time to File Response to #2 MOTION for Conditional Certification and response is due by 7/1/2020. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. Arguments were presented on #8 Motion to Stay and the Court will not issue any ruling at this time but will provide a separate notice setting forth a briefing schedule on this motion. (EDC) |
| Filing 14 NOTICE of Briefing Schedule on #8 MOTION to Stay : Opposition to the motion shall be filed by July 1, 2020, and shall not exceed 25 pages excluding attachments. The mover may file a reply brief no later than July 15, 2020, and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) |
| Set/Reset Deadlines as to #2 MOTION for Conditional Certification of Class Claims Under 216(b) of the FLSA. Replies due by 7/15/2020. (EDC) |
| Filing 13 MOTION for Natali Wyson to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116946) by ABC Phones of North Carolina, Inc. (Attachments: #1 Attachment Declaration of Natali Wyson Admission Pro Hac Vice, #2 Proposed Pleading; Order-Natali Wyson Admission Pro Hac Vice)(Peak, Thomas) |
| Filing 12 MOTION for Margaret Hope Allen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116942) by ABC Phones of North Carolina, Inc. (Attachments: #1 Attachment Declaration of Margaret Hope Allen Admission Pro Hac Vice, #2 Proposed Pleading; Order-Margaret Hope Allen)(Peak, Thomas) |
| Filing 11 MOTION for Angela C. Zambrano to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116940) by ABC Phones of North Carolina, Inc. (Attachments: #1 Attachment Declaration of Angela C. Zambrano In Support, #2 Proposed Pleading; Order-Angela C. Zambrano Admission Pro Hac Vice)(Peak, Thomas) |
| Filing 10 NOTICE to Counsel: A telephone conference is set for 5/26/2020 at 10:30 AM before Judge John W. deGravelles to discuss the following motions: #7 MOTION for Extension of Time to File Response to #2 MOTION for Conditional Certification of Class Claims Under 216(b) of the FLSA , #8 MOTION to Stay , #6 MOTION for Extension of Time to File Answer to #1 Complaint, . The parties are directed to use the following conference call information: 888-808-6929/Access Code: 8384153. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| MOTION(S) REFERRED: #6 Unopposed MOTION for Extension of Time to File Answer to #1 Complaint, . This motion is now pending before the USMJ. (ELW) |
| MOTION(S) REFERRED: #12 MOTION for Margaret Hope Allen to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116942), #11 MOTION for Angela C. Zambrano to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116940), #13 MOTION for Natali Wyson to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2116946). This motion is now pending before the USMJ. (ELW) |
| Motions No Longer Referred: #7 MOTION for Extension of Time to File Response to #2 MOTION for Conditional Certification of Class Claims Under 216(b) of the FLSA , #6 Unopposed MOTION for Extension of Time to File Answer to #1 Complaint, . This motion is now pending before the USDJ as per Judge deGravelles. (KDC) |
| Filing 9 Corporate Disclosure Statement by ABC Phones of North Carolina, Inc. (Peak, Thomas) |
| Filing 8 MOTION to Stay by ABC Phones of North Carolina, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Peak, Thomas) |
| Filing 7 MOTION for Extension of Time to File Response to #2 MOTION for Conditional Certification of Class Claims Under 216(b) of the FLSA by ABC Phones of North Carolina, Inc. (Attachments: #1 Proposed Pleading; Order)(Peak, Thomas) |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer to #1 Complaint, by ABC Phones of North Carolina, Inc. (Attachments: #1 Proposed Pleading; Order)(Peak, Thomas) |
| Filing 5 NOTICE of Briefing Schedule on #2 MOTION for Conditional Certification of Class Claims Under 216(b) of the FLSA : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 4 SUMMONS Returned Executed by Kristi Duplechain. ABC Phones of North Carolina, Inc served on 5/12/2020, answer due 6/2/2020. (Bullman, James) |
| Filing 3 Summons Issued as to ABC Phones of North Carolina, Inc, Richard Balot. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) (Main Document 3 replaced on 5/12/2020 to correct case number) (KMW). |
| Filing 2 MOTION for Conditional Certification of Class Claims Under 216(b) of the FLSA by Kristi Duplechain. (Attachments: #1 Memorandum in Support, #2 Exhibit Dec of Plaintiff, #3 Exhibit Opt-In Form, #4 Exhibit Notice Form)(Bullman, James) Modified on 5/11/2020 to edit the docket text (KMW). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ALAMDC-2111840.), filed by Kristi Duplechain. (Attachments: #1 Exhibit Consent to Sue, #2 Attachment Summons, #3 Attachment Civil Cover Sheet)(Bullman, James) |
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