Palmer et al v. Central Louisiana Home Health Care L L C et al
| Janet Palmer, Kandace Britt, Misty Butter, Ginger Baden, Lorretta Smith, Athena Guillot, Tammy Austin, Sue C Moore, Melissa Lindsly, Meggi Cole, Tina M White, Tracey Simpson, Cindy M Slay, Vonda Soileau, Landa F Richard and JoAnna Kingrey |
| Central Louisiana Home Health Care L L C, Hospice Care of Avoyelles Parish L L C, Thomas E Cupples, II and Ana M Cupples |
| 1:2015cv02221 |
| August 20, 2015 |
| US District Court for the Western District of Louisiana |
| Alexandria Office |
| Rapides |
| Karen L Hayes |
| James T Trimble |
| 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 April 17, 2017. A more recent docket listing may be available from PACER.
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Filing 38
ORDER granting #37 Motion for Settlement. Signed by Judge James T Trimble, Jr on 4/17/2017. (crt,Roaix, G)
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| Filing 37 Joint MOTION for Approval of Settlement by Central Louisiana Home Health Care L L C, Ana M Cupples, Thomas E Cupples, II, Hospice Care of Avoyelles Parish L L C, Janet Palmer, Kandace Britt, Misty Butter, Ginger Baden and Lorretta Smith. (Attachments: #1 Ex. A - Master Settlement Agreement, #2 Class Member Settlement Agreement, #3 Proposed Order)(aty,Oxenhandler, Steven) Modified on 4/12/2017 to modify filers and docket text. (Crick, S). |
| Filing 36 60 DAY JUDGMENT OF DISMISSAL. Signed by Judge James T Trimble, Jr on 9/21/16. (crt,Roaix, G) |
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Filing 35
ELECTRONIC ORDER, The trial of this matter is currently set for 4/3/2017; due to a scheduling conflict with respect to another trial, the trial date is UPSET and the three (3) day Jury Trial is reset for 4/5/2017 at 09:30 AM in the Alexandria Court House, second floor court room before Judge James T Trimble Jr.). Signed by Judge James T Trimble, Jr on 09/07/2016. (crt,Petrofes, T)
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| Filing 34 NOTICE of Change of Address by David H Grounds (aty,Grounds, David) |
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Filing 33
ORDER granting #32 Motion to Withdraw as Attorney. Attorney G Tony Atwal terminated as counsel for plaintiffs. Signed by Magistrate Judge Karen L Hayes on 4/29/16. (crt,Crawford, A)
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| Filing 32 MOTION to Withdraw G. Tony Atwal as Attorney by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith, Tina M White, Vonda Soileau, Cindy M Slay, Tracey Simpson, Landa F Richard, Sue C Moore, Melissa Lindsly, JoAnna Kingrey, Athena Guillot, Meggi Cole, and Tammy Austin. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Atwal, G) Modified filers on 4/29/2016 (YocumSld, M). |
| Filing 31 NOTICE by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith of Filing of Consents to Sue (Attachments: #1 Exhibit Consent to Join)(aty,Grounds, David) |
| Filing 30 NOTICE by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith of Filing of Consents to Sue (Attachments: #1 Exhibit Consent to Join)(aty,Grounds, David) |
| Filing 29 NOTICE by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith of Filing of Consents to Sue (Attachments: #1 Exhibit Consent to Join, #2 Exhibit Consent to Join, #3 Exhibit Consent to Join)(aty,Grounds, David) |
| Filing 28 MINUTES OF TRIAL FIXING CONFERENCE for proceedings held before Judge James T Trimble, Jr: SCHEDULING CONFERENCE held on 2/18/2016. Jury Trial set for 4/3/2017 09:30 AM in Alexandria, 2nd floor before Judge James T Trimble Jr. (crt,Roaix, G) |
| Filing 27 NOTICE by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith of Filing of Consents to Sue (Attachments: #1 Exhibit Consent to Join, #2 Exhibit Consent to Join)(aty,Grounds, David) |
| Filing 26 NOTICE by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith of Filing of Consents to Sue (Attachments: #1 Exhibit Consent to Join)(aty,Grounds, David) |
| Filing 25 NOTICE by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith of Filing of Consents to Sue (Attachments: #1 Exhibit Consent to Join)(aty,Grounds, David) |
| Filing 24 NOTICE by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith of Filing of Consents to Sue (Attachments: #1 Exhibit Consent to Join)(aty,Grounds, David) |
| Filing 23 SCHEDULING CONFERENCE ORDER A Scheduling Conference is set for 2/18/2016 10:00 AM in by phone before Judge James T Trimble Jr. Counsel for plaintiff is responsible for initiating a conference call at that time to include all counsel of record and all parties representing themselves (and then call the office of Judge James T. Trimble at 318-473-7375). (crt,Roaix, G) |
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Filing 22
ORDER granting #13 Motion to Conditionally Certify Class as stated herein. Defendants shall provide Plaintiffs names, job titles, last known addresses, and dates of employment by 12/21/15, for potential collective action plaintiffs. ORDER approving Notice for mailing to the Conditional Class and setting a 60 Day Opt In Period from the date of mailing of the notice. Signed by Magistrate Judge Karen L Hayes on 12/28/15. (crt,Crawford, A)
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| Filing 21 ELECTRONIC MINUTE ENTRY REASSIGNING CASE: Case reassigned to Magistrate Judge Karen L Hayes. Magistrate Judge Joseph H L Perez-Montes no longer assigned to case. Any motion and/or proceeding is hereby reset before Magistrate Judge Karen L Hayes. All future pleadings shall reflect the current judge assignment. Issued by Tony R Moore, Clerk, on December 22, 2015. (crt,Dunford, T) |
| Filing 20 ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Joseph H L Perez-Montes. Magistrate Judge James D Kirk no longer assigned to case. Any motion and/or proceeding currently set before Magistrate Judge James D Kirk is hereby reset before Magistrate Judge Joseph H L Perez-Montes. All future pleadings shall reflect the current judge assignment. Issued by Tony R Moore, Clerk. (crt,Brown, A) |
| Filing 19 Joint STIPULATION to Entry of Order Granting Conditional Certification and Court Supervised Notice by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith, Hospice Care of Avoyelles Parish L L C, Thomas E Cupples, II, Ana M cupples, and Central Louisiana Home Health Care L L C. (Attachments: #1 Exhibit A, #2 Proposed order)(aty,Grounds, David) Modified filers on 12/7/2015 (Yocum, M). |
| Filing 18 RESPONSE to Motion re #13 MOTION to Certify Class MOTION to Compel Defendants to provide Plaintiffs with information for potential collective action plaintiffs MOTION to Approve Notice and 60 Day Opt In Period filed by Central Louisiana Home Health Care L L C, Ana M Cupples, Thomas E Cupples, II, Hospice Care of Avoyelles Parish L L C. (aty,Oxenhandler, Steven) |
| Filing 17 NOTICE of Motion Setting regarding #13 MOTION to Certify Class MOTION to Compel Defendants to provide Plaintiffs with information for potential collective action plaintiffs MOTION to Approve Notice and 60 Day Opt In Period. Motions referred to James D Kirk. (crt,Roaix, G) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by Hospice Care of Avoyelles Parish L L C. (aty,Oxenhandler, Steven) Modified filers on 11/3/2015 (Yocum, M). |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Central Louisiana Home Health Care L L C. (aty,Oxenhandler, Steven) Modified filers on 11/3/2015 (Yocum, M). |
| Filing 14 ANSWER to #1 Complaint by Central Louisiana Home Health Care L L C, Ana M Cupples, Thomas E Cupples, II, Hospice Care of Avoyelles Parish L L C.(Attorney Steven M Oxenhandler added to party Central Louisiana Home Health Care L L C(pty:dft), Attorney Steven M Oxenhandler added to party Ana M Cupples(pty:dft), Attorney Steven M Oxenhandler added to party Thomas E Cupples, II(pty:dft), Attorney Steven M Oxenhandler added to party Hospice Care of Avoyelles Parish L L C(pty:dft))(aty,Oxenhandler, Steven) Modified text on 11/3/2015 (Yocum, M). |
| SUMMONS Returned Executed by Misty Butter, Kandace Britt, Ginger Baden, Janet Palmer, Lorretta Smith. Central Louisiana Home Health Care L L C served on 10/14/2015, answer due 11/4/2015; Ana M Cupples served on 10/14/2015, answer due 11/4/2015; Thomas E Cupples, II served on 10/14/2015, answer due 11/4/2015; Hospice Care of Avoyelles Parish L L C served on 10/14/2015, answer due 11/4/2015. ADMINISTRATIVE ENTRY to capture service and answer due dates. See Doc Nos #9 - #12 for pdf images of service returns.(crt,Yocum, M) |
| Filing 13 MOTION to Certify Class, MOTION to Compel Defendants to provide Plaintiffs with information for potential collective action plaintiffs, and MOTION to Approve Notice and 60 Day Opt In Period by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith. Motions referred to James D Kirk. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2 Proposed Notice & Consent/Opt-in Form, #4 Exhibit 3 Declaration of Janet Palmer, #5 Exhibit 4 Declaration of Kandace Britt, #6 Exhibit 5 Declaration of Misty Butter, #7 Exhibit 6 Declaration of Ginger Baden, #8 Exhibit 7 Declaration of Lorretta Smith, #9 Proposed order)(aty,Grounds, David) Modified text and added MOTION to Compel and MOTION for Miscellaneous Relief on 10/22/2015 (Yocum, M). |
| Filing 12 AFFIDAVIT of Service for Summons; Complaint; Plaintiffs Motion for Conditional Certification; Plaintiffs Memorandum in Support Of Motion To Conditionally Certify FLSA Collective Action and To Facilitate Notice Under 29 U.S.C. 216(b) with Exhibits; Proposed Order served on Thomas E. Cupples II on 10/14/2015, filed by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith. (aty,Grounds, David) |
| Filing 11 AFFIDAVIT of Service for Summons; Complaint; Plaintiffs Motion for Conditional Certification; Plaintiffs Memorandum in Support Of Motion To Conditionally Certify FLSA Collective Action and To Facilitate Notice Under 29 U.S.C. 216(b) with Exhibits; Proposed Order served on Hospice Care of Avoyelles Parish, LLC on 10/14/2015, filed by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith. (aty,Grounds, David) |
| Filing 10 AFFIDAVIT of Service for Summons; Complaint; Plaintiffs Motion for Conditional Certification; Plaintiffs Memorandum in Support Of Motion To Conditionally Certify FLSA Collective Action and To Facilitate Notice Under 29 U.S.C. 216(b) with Exhibits; Proposed Order served on Central Louisiana Home Health Care, LLC on 10/14/2015, filed by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith. (aty,Grounds, David) |
| Filing 9 AFFIDAVIT of Service for Summons; Complaint; Plaintiffs Motion for Conditional Certification; Plaintiffs Memorandum in Support Of Motion To Conditionally Certify FLSA Collective Action and To Facilitate Notice Under 29 U.S.C. 216(b) with Exhibits; Proposed Order served on Ana M. Cupples on 10/14/2015, filed by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, Lorretta Smith. (aty,Grounds, David) |
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Filing 8
ORDER granting #5 Motion to Appear Pro Hac Vice for appearance of Jacob R Rusch for Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, and Lorretta Smith. Signed by Magistrate Judge James D Kirk on 09/30/2015. (crt,Yocum, M)
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Filing 7
ORDER granting #4 Motion to Appear Pro Hac Vice for appearance of G Tony Atwal for Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, and Lorretta Smith. Signed by Magistrate Judge James D Kirk on 09/30/2015. (crt,Yocum, M)
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Filing 6
ORDER granting #3 Motion to Appear Pro Hac Vice for appearance of David H Grounds for Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, and Lorretta Smith. Signed by Magistrate Judge James D Kirk on 09/30/2015. (crt,Yocum, M)
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| Filing 5 MOTION for Jacob R. Rusch to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2897798) by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, and Loretta Smith. Motions referred to James D Kirk. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Coffin, Christopher) Modified filers on 9/24/2015 (Yocum, M). |
| Filing 4 MOTION for G. Tony Atwal to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2897797) by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, and Loretta Smith. Motions referred to James D Kirk. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Coffin, Christopher) Modified filers on 9/24/2015 (Yocum, M). |
| Filing 3 MOTION for David Grounds to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2897795) by Ginger Baden, Kandace Britt, Misty Butter, Janet Palmer, and Loretta Smith. Motions referred to James D Kirk. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Coffin, Christopher) Modified filers on 9/24/2015 (Yocum, M). |
| Filing 2 SUMMONS ISSUED as to Central Louisiana Home Health Care L L C, Ana M Cupples, Thomas E Cupples, II, Hospice Care of Avoyelles Parish L L C (crt,Yocum, M) |
| CASE Assigned to Judge James T Trimble, Jr and Magistrate Judge James D Kirk. (crt,Yocum, M) |
| Filing 1 COMPLAINT against Central Louisiana Home Health Care L L C, Hospice Care of Avoyelles Parish L L C, Thomas E Cupples, II, and Ana M Cupples with Jury Demand (Filing fee $400, receipt number 0536-2872712) filed by Misty Butter, Kandace Britt, Ginger Baden, Janet Palmer, Lorretta Smith. (Attachments: #1 Civil cover sheet, #2 Exhibit 1-Palmer Consent to Join, #3 Exhibit 2-Britt Consent to Join, #4 Exhibit 3-Butter Consent to Join, #5 Exhibit 4-Baden Consent to Join, #6 Exhibit 5-Smith Consent to Join, #7 Exhibit 6- Paystub)(Attorney Christopher L Coffin added to party Ginger Baden(pty:pla), Attorney Christopher L Coffin added to party Kandace Britt(pty:pla), Attorney Christopher L Coffin added to party Misty Butter(pty:pla), Attorney Christopher L Coffin added to party Janet Palmer(pty:pla), Attorney Christopher L Coffin added to party Lorretta Smith(pty:pla))(aty,Coffin, Christopher) Modified text to include defendant names on 8/21/2015 (Yocum, M). |
| REMARK: A duplicate charge was incurred during the filing of the Complaint. The initial payment of $400.00, rec 0536-2872617, was voided in pay.gov by the financial section the same date of the transaction. No further action is necessary. (crt,McInnis, S) |
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