Moresi v. Resource Energy Ventures and Construction Co L L C
Dylan John Moresi, Wilfred Henry, Jr, Colby Babino, Nathaniel Thomas, Desmond J Connor, Sr, Khonesavan Khamsingsavath, Dale Joseph Nesom, Kam Kaysonpheth, Troy Matthews and Johnathan Wayde Rollins |
Resource Energy Ventures & Construction Co L L C |
Gulf South Services Inc |
6:2015cv02224 |
August 21, 2015 |
US District Court for the Western District of Louisiana |
Lafayette Office |
Lafayette |
Michael J Juneau |
Carol B Whitehurst |
Labor: Fair Standards |
28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
Both |
Docket Report
This docket was last retrieved on February 19, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 114 CONSENT JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that there is judgment in favor of Gulf South Services, Inc. and against Resource Energy Ventures and Construction Company, LLC. Signed by Judge Michael J Juneau on 2/19/2020. (crt,Williams, L) |
Filing 113 ORDER granting #112 Motion for Consent Judgment and Cancel Status Conference. Signed by Judge Michael J Juneau on 2/18/2020. (crt,Williams, L) |
Filing 112 Ex Parte MOTION for Consent Judgment and Cancel Status Conference by Gulf South Services Inc. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,Flotte, David) |
Filing 111 MINUTES OF COURT for proceedings held before Judge Michael J Juneau: STATUS CONFERENCE held on 1/15/2020. Following discussion, the Court ORDERED that cross defendant, Resource Energy Ventures & Construction Co. LLC respond to cross claimant, Gulf South Services Inc.s proposed resolution by January 31, 2020. The Court SET a follow-up telephone status conference on the matter for February 18, 2020 at 1:00 p.m. Counsel are expected to contact the Court at 877-411-9748, Access Code 6925887. The Court will join the conference thereafter. (District Judge Status Conference set for 2/18/2020 01:00 PM in by phone before Judge Michael J Juneau.). (crt,Guidry, C) |
Filing 110 ORDER granting #108 Motion for Approval of Settlement and #108 Motion to Dismiss. Settlement is approved and all plaintiffs' claims are dismissed with prejudice, each party to bear own costs, except as provide in agreements reserving rights of Gulf South Services Inc to pursue crossclaim against Resource Energy Ventures & Construction Co L L C. Signed by Judge Michael J Juneau on 9/13/2019. (crt,Dunford, T) |
Filing 109 MINUTE ENTRY: IN LIGHT OF this Courts approval of the settlement of claims between Plaintiffs and Gulf South Services, Inc; IT IS HEREBY ORDERED that the evidentiary hearing in this matter currently set for January 15, 2020 be and hereby is CANCELLED. IT IS FURTHER ORDERED that a telephone status conference be held on January 15, 2020 at 9:30 a.m. for the purpose of discussing what claims remain in this matter. Counsel familiar with the case are expected to contact the Court at 877-411-9748, Access Code 6925887. The Court will join the conference thereafter. ( District Judge Status Conference set for 1/15/2020 09:30 AM in by phone before Judge Michael J Juneau.). Signed by Judge Michael J Juneau on 9/13/19. (crt,Guidry, C) |
Motions Transferred regarding #108 Joint MOTION for Settlement and JOINT MOTION to Dismiss. Motions referred to Judge Michael J Juneau. (crt,Dunford, T) |
Filing 108 Joint MOTION for Settlement and to Dismiss by Gulf South Services, Dylan John Moresi. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,St Pe, Kenneth) Added JOINT MOTION to Dismiss on 9/13/2019 (Dunford, T). |
Filing 107 NOTICE by Dylan John Moresi of Withdrawal of Consent (aty,Parmet, Matthew) |
Filing 105 ORDER granting #101 Motion for Deposit of Funds. Signed by Magistrate Judge Carol B Whitehurst on 7/22/2019. (crt,JonesSld, P) |
Filing 106 MINUTES for proceedings held before Judge Michael J Juneau: SCHEDULING CONFERENCE held on 7/19/2019. In accordance with this Courts regular Scheduling Order and following discussion, the parties agreed that by December 20, 2019 they would participate in either (a) private mediation before a third-party mediator, or (b) a settlement conference before the magistrate judge. Accordingly, an affirmation must be filed with the Clerk of Court by December 20, 2019, setting forth the date the parties participated in ADR. The affirmation should not disclose any monetary amounts. In addition, an evidentiary hearing before the district judge regarding the appropriateness of liquidated damages is hereby set for January 15, 2020 at 9:30 a.m. ( Evidentiary Hearing set for 1/15/2020 09:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau.). (crt,Guidry, C) |
Filing 104 JUDGMENT granting in part and denying in part #80 Motion for Summary Judgment. IT IS ORDERED that Plaintiffs Motion for Summary Judgment on Liability and GSSI's Offset and Good Faith Affirmative Defenses, Rec. Doc. #80 , is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to liability under the FLSA of GSSI to the Plaintiffs for wages totaling $11,091.63. The Motion is also GRANTED as to the offset issue, in that GSSI owed the Plaintiffs the wages and paying the amount to a third party does not amount to a defense in this case. The Motion is DENIED as to the defense of good faith in that a genuine issue of fact exists regarding whether GSSI paid the wages to the third party in good faith. IT IS FURTHER ORDERED that the parties are to participate in a telephone scheduling conference with the Court on July 19, 2019 at 10:00 a.m. Signed by Judge Michael J Juneau on 7/19/19. (crt,Guidry, C) |
Set/Reset Scheduling Order Deadlines: Affirmation of Settlement Negotiations due 12/19/2019. See Rec. Doc. #106 (crt,Guidry, C) |
Filing 103 MINUTES for proceedings held before Judge Michael J Juneau: MOTION HEARING held on 7/18/2019 re #80 MOTION for Summary Judgment on Liability and GSSI's Good Faith and Offset Affirmative Defenses filed by Khonesavan Khamsingsavath, Dylan John Moresi, Troy Matthews, Colby Babino, Nathaniel Thomas, Kam Kaysonpheth, Desmond J Connor, Sr, Dale Joseph Nesom, Johnathan Wayde Rollins, Wilfred Henry, Jr. is GRANTED IN PART AND DENIED IN PART. A judgment will be issued in accordance with the Courts ruling. The parties are to participate in a telephone scheduling conference with the Court on July 19, 2019 at 10:00 a.m. A Minute Entry will be issued which will provide the call in information and access code for the telephone scheduling conference. (Court Reporter: Cathleen E Marquardt) (crt,Guidry, C) |
Filing 102 MINUTE ENTRY: A telephone scheduling conference is hereby set for Friday July 19, 2019 at 10:00 a.m. Counsel familiar with the case are expected to contact the Court at 877-411-9748, Access Code 6925887. The Court will join the conference thereafter. Counsel should be prepared to discuss trial and pretrial dates, and scheduling deadlines.(Scheduling Conference set for 7/19/2019 10:00 AM in by phone before Judge Michael J Juneau.)(crt,Guidry, C) |
Filing 101 MOTION For Leave to Deposit Overtime Repayment into Court Registry by Gulf South Services Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, #3 Proposed order)(aty,Flotte, David) Modified on 7/17/2019 to capture more accurate event (JonesSld, P). |
Filing 100 ORDER denying #78 Motion to Decertify Conditional Certification. The Court finds that Plaintiffs share similar factual and employment settings and are similarly situated, Defendant's defenses are more collective than individual, and that fairness and procedural considerations favor collective treatment of the case. IT IS ORDERED that the Motion to Decertify Conditional Class Certification filed by Gulf Coast Services Inc is DENIED. Signed by Magistrate Judge Carol B Whitehurst on 6/18/2019. (crt,Crick, S) |
Filing 99 ELECTRONIC ORDER denying #98 Motion to Withdraw as Attorney.. Signed by Magistrate Judge Carol B Whitehurst on 5/16/2019. (jud,Whitehurst, Carol) |
Filing 98 MOTION to Withdraw Edward P. Landry as Attorney by Resource Energy Ventures & Construction Co L L C. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order, #2 Certificate of Compliance, #3 Certificate of Mailing, #4 Letter to client with motion)(aty,Landry, Edward) Modified on 5/14/2019 to edit text (JonesSld, P). |
Filing 97 ORDER IT IS HEREBY ORDERED that Gulf South Services, Inc.'s Motion for Leave #89 to Extend Motion Deadline is DENIED. Signed by Judge Michael J Juneau on 5/1/2019. (crt,Guidry, C) |
Filing 96 NOTICE by Dylan John Moresi of Intent to File Opposition re #89 MOTION FOR EXTENSION of Motion Deadline, MOTION for Leave to File Motions for Summary Judgment, #94 Corrective Document, (aty,Parmet, Matthew) |
Filing 95 CORRECTIVE DOCUMENT entitled Statement of Uncontested Material Facts to GSSI's Second Motion for Summary Judgment Against REVCO (Rec. Doc. 89-2) filed by Gulf South Services Inc regarding #89 MOTION FOR EXTENSION of Motion Deadline, MOTION for Leave to File Motions for Summary Judgment . (aty,Flotte, David) |
Filing 94 CORRECTIVE DOCUMENT entitled Statement of Uncontested Material Facts to GSSI's Motion for Summary Judgment Against Plaintiffs (Rec. Doc. 89-1) filed by Gulf South Services Inc regarding #89 MOTION FOR EXTENSION of Motion Deadline, MOTION for Leave to File Motions for Summary Judgment . (aty,Flotte, David) |
Filing 93 NOTICE of Deficiency to David M Flotte on behalf of Gulf South Services Inc regarding #89 MOTION FOR EXTENSION of Motion Deadline, MOTION for Leave to File Motions for Summary Judgment. Reason: No separate statement of material facts accompanied the proposed motions for summary judgment. (crt,Dauterive, C) |
Motions Transferred regarding #89 MOTION FOR EXTENSION of Motion Deadline, MOTION for Leave to File Motions for Summary Judgment. Motions referred to Judge Michael J Juneau. (crt,JonesSld, P) |
Filing 92 MEMORANDUM in Opposition re #78 MOTION to Decertify Conditional Class Certification filed by Dylan John Moresi. (Attachments: #1 Proposed order)(aty,Parmet, Matthew) |
Filing 91 REPLY to Response to Motion re #80 MOTION for Summary Judgment on Liability and GSSI's Good Faith and Offset Affirmative Defenses filed by Dylan John Moresi. (Attachments: #1 Exhibit 8 - GSSI's Responses to RFPs, #2 Exhibit 9 - GSSI's Amended Responses to RFPs, #3 Exhibit 10 - Apr 29 Corr from DOL, #4 Exhibit 11 - Depo of GSSI)(aty,Parmet, Matthew) |
Filing 90 ORDER granting #88 Motion to Seal Previously Filed Document re: Attachment #2 re #78 MOTION to Decertify Conditional Class Certification. Signed by Magistrate Judge Carol B Whitehurst on 4/29/2019. (crt,Putch, A) |
Filing 89 MOTION FOR EXTENSION of Motion Deadline, MOTION for Leave to File Motions for Summary Judgment with opposition by Gulf South Services Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed pleading, #2 Proposed pleading, #3 Certificate re efforts to resolve-LR 37.1, #4 Exhibit, #5 Proposed order)(aty,Flotte, David) Modified on 4/30/2019 to add MOTION for Leave to File and to reflect deficient status (Dauterive, C). Modified on 4/30/2019 to remove deficiency and indicate SEE Documents #94 and #95 for Proposed Statements of Uncontested Material Facts (JonesSld, P). |
Filing 88 EMERGENCY MOTION to Seal Previously Filed Document re: #78 MOTION to Decertify Conditional Class Certification regarding ECF No. 78-2 only by Dylan John Moresi. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order)(aty,Parmet, Matthew) Modified on 4/29/2019 to edit text (Putch, A). |
Filing 87 MINUTE ENTRY SETTING #80 MOTION for Summary Judgment on Liability and GSSI's Good Faith and Offset Affirmative Defenses : Motion day set for 7/18/2019 09:30 AM in Lafayette, Courtroom 1 before Judge Michael J Juneau. Plaintiffs may file a reply to the opposition filed by Defendant, Gulf South Services, Inc., within seven (7) days of the date hereof without further leave of court. LR 7.8 governs the length of the memoranda. Signed by Judge Michael J Juneau on 4/24/19. (crt,Guidry, C) |
Filing 86 ORDER granting #77 Motion to Have Answers Deemed Admitted. Signed by Magistrate Judge Carol B Whitehurst on 4/23/2019. (crt,JonesSld, P) |
Filing 85 MEMORANDUM in Opposition re #80 MOTION for Summary Judgment on Liability and GSSI's Good Faith and Offset Affirmative Defenses filed by Gulf South Services Inc. (Attachments: #1 Exhibit D1, #2 Exhibit D2, #3 Exhibit D3, #4 Exhibit D4, #5 Exhibit D5, #6 Exhibit D6, #7 Exhibit D7, #8 Exhibit D8, #9 Exhibit D9, #10 Exhibit D10, #11 Opposition to Statement of Material Facts)(aty,Flotte, David) |
Filing 84 ELECTRONIC MINUTE ENTRY issued by the Clerk and by order of Chief Judge S Maurice Hicks, Jr, this matter is hereby reassigned. Case reassigned to Judge Michael J Juneau. Judge Brian A Jackson no longer assigned to case. All future filings should bear the name of the new judge assignment.(crt,Whidden, C) |
Filing 83 ORDER granting #79 Motion to Enroll as Counsel. Added as counsel Matthew Scott Parmet for Plaintiffs. Signed by Magistrate Judge Carol B Whitehurst on 4/16/2019. (crt,JonesSld, P) |
Filing 82 NOTICE of Motion Setting without oral argument regarding: #78 MOTION to Decertify Conditional Class Certification. Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 6/19/2019 before Magistrate Judge Carol B Whitehurst. (crt,JonesSld, P) |
Filing 81 ISSUED IN ERROR - NOTICE of Deficiency to Matthew Scott Parmet, Kenneth D St Pe on behalf of Colby Babino, Desmond J Connor, Sr, Wilfred Henry, Jr, Kam Kaysonpheth, Khonesavan Khamsingsavath, Troy Matthews, Dylan John Moresi, Dale Joseph Nesom, Johnathan Wayde Rollins, Nathaniel Thomas regarding #79 MOTION for Matthew S. Parmet to Enroll as Counsel , #80 MOTION for Summary Judgment. Reason: Document #79 Motion to enroll is asking to be admitted to the District and Louisiana Supreme Court and is not motioning the court to enroll as counsel for a party. Please see Federal and Local Rules for enrolling as counsel of record. This party is already represented by other counsel. Please refer to provisions under LR83.2.12 regarding appearance of other counsel to ensure compliance with this rule. A motion to enroll as co-counsel or to substitute counsel (signed by the current counsel of record) is required to remedy this situation. Please also refer to LR5.7.08 regarding electronic filing of documents requiring signatures of more than one party. (crt,JonesSld, P) Modified on 4/16/2019 to indicate deficiency issued in error (JonesSld, P). |
NOTICE of Corrective Action to Kenneth D St Pe on behalf of Colby Babino, Desmond J Connor, Sr, Wilfred Henry, Jr, Kam Kaysonpheth, Khonesavan Khamsingsavath, Troy Matthews, Dylan John Moresi, Dale Joseph Nesom, Johnathan Wayde Rollins, Nathaniel Thomas regarding #81 Notice of Deficiency. Action taken: Deficiency issued in error. (crt,JonesSld, P) |
Filing 80 MOTION for Summary Judgment on Liability and GSSI's Good Faith and Offset Affirmative Defenses by Colby Babino, Desmond J Connor, Sr, Wilfred Henry, Jr, Kam Kaysonpheth, Khonesavan Khamsingsavath, Troy Matthews, Dylan John Moresi, Dale Joseph Nesom, Johnathan Wayde Rollins, Nathaniel Thomas. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Exhibit 1 - Damage Model, #4 Exhibit 2 - DOL Compliance Agreement, #5 Exhibit 3 - Master Service Contract, #6 Exhibit 4 - GSSI's Responses to 3rd Regs, #7 Exhibit 5 - GSSI's Amended Response to Rog 11, #8 Exhibit 6 - GSSI's Responses to RFAs, #9 Envelope 7 - Declaration of Kenneth St. Pe, #10 Proposed order)(aty,Parmet, Matthew) Modified on 4/16/2019 to indicate deficiency (JonesSld, P). Modified on 4/16/2019 to indicate deficiency issued in error (JonesSld, P). |
Filing 79 MOTION for Matthew S. Parmet to Enroll as Counsel by Colby Babino, Desmond J Connor, Sr, Wilfred Henry, Jr, Kam Kaysonpheth, Khonesavan Khamsingsavath, Troy Matthews, Dylan John Moresi, Dale Joseph Nesom, Johnathan Wayde Rollins, Nathaniel Thomas. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order)(aty,Parmet, Matthew) Modified on 4/16/2019 to indicate deficiency (JonesSld, P). Modified on 4/16/2019 to indicate deficiency issued in error (JonesSld, P). |
Filing 78 MOTION to Decertify Conditional Class Certification by Gulf South Services Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Sealed Exhibit GS-15)(aty,Flotte, David) Modified on 4/29/2019 to seal Attachment #2 per #90 Order (Putch, A). |
Filing 77 MOTION to Have Answers Deemed Admitted by Gulf South Services Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Proposed order)(aty,Flotte, David) |
Filing 76 Joint CASE MANAGEMENT ORDER. Discovery must be completed by 4/1/2019. Deadline to file all motions is 4/15/2019. Response memoranda are due within 21 days of service. Deadline to exchange witness lists is 5/3/2019. Deadline to exchange, list and disclose all exhibits is 5/3/2019. Signed by Magistrate Judge Carol B Whitehurst on 1/28/2019. (crt,Crick, S) |
Filing 75 ORDER granting #74 Motion for Leave to File Joint Case Management Order. Signed by Magistrate Judge Carol B Whitehurst on 1/28/2019. (crt,Crick, S) |
Filing 74 Unopposed MOTION for Leave to File Joint Case Management Order with consent by Gulf South Services Inc, all Plaintiffs and Defendants. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,Flotte, David) Modified on 1/28/2019 to add filers (Reeves, T). |
Filing 73 ORDER: IT IS ORDERED that by 2/5/2019, the parties are to file a motion for leave to file a Joint Case Management Order regarding any deadlines needed to prepare this case for Decertifcation Motion or Trial. Signed by Magistrate Judge Carol B Whitehurst on 1/24/2019. (crt,Chicola, C) |
Filing 72 MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE SCHEDULING CONFERENCE held on 1/22/2019. (crt,Chicola, C) |
Filing 71 ORDER granting #70 Motion for Hearing Scheduling Conference set for 1/22/2019 at 2:00 PM by phone before Magistrate Judge Carol B Whitehurst. Counsel are to call in to the conference by dialing 877-336-1839, Access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 1/15/2019. (crt,Chicola, C) |
Filing 70 MOTION for Hearing To Request Status Conference by Dylan John Moresi. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order)(aty,St Pe, Kenneth) |
Filing 69 RULING AND ORDER adopting #66 Report and Recommendations, dismissing #61 Motion for Partial Summary Judgment. Signed by Judge Brian A Jackson on 9/26/2018. (crt,FinnSld, P) |
Filing 68 RULING AND ORDER adopting #65 Report and Recommendations, denying #48 Motion for Summary Judgment. Signed by Judge Brian A Jackson on 9/26/2018. (crt,FinnSld, P) |
Filing 67 OBJECTION to #65 Report and Recommendations by Gulf South Services Inc. Response to Objection to R&R due by 10/3/2018 (aty,Flotte, David) |
Filing 66 REPORT AND RECOMMENDATIONS re #61 MOTION for Partial Summary Judgment for Defense and Indemnity filed by Gulf South Services Inc. IT IS RECOMMENDED that GSSI's unopposed Motion for Partial Summary Judgment for Defense and Indemnity be DENIED. Objections to R&R due by 9/24/2018. Signed by Magistrate Judge Carol B Whitehurst on 9/10/2018. (crt,Chicola, C) |
Filing 65 REPORT AND RECOMMENDATIONS re #48 MOTION for Summary Judgment Dismissing Petition of Dylan Moresi filed by Gulf South Services Inc. IT IS RECOMMENDED that GSSI's Motion for Summary Judgment be DENIED. Objections to R&R due by 9/24/2018. Signed by Magistrate Judge Carol B Whitehurst on 9/10/2018. (crt,Chicola, C) |
Filing 64 ELECTRONIC MINUTE ENTRY issued by the Clerk and by order of Chief Judge S Maurice Hicks, Jr, this matter is hereby reassigned. Case reassigned to Judge Brian A Jackson. Unassigned District Judge no longer assigned to case. All future filings should bear the name of the new judge assignment.(crt,Whidden, C) |
Filing 63 ORDER: The 3/21/2018 hearing with oral argument re #61 MOTION for Partial Summary Judgment for Defense and Indemnity filed by Gulf South Services Inc is CANCELED. The Court will issue a ruling on the Motion based on the parties' briefs. Signed by Magistrate Judge Carol B Whitehurst on 3/12/2018. (crt,Chicola, C) |
Filing 62 NOTICE of Motion Setting with oral argument regarding: #61 MOTION for Partial Summary Judgment for Defense and Indemnity. Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 3/21/2018 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge Carol B Whitehurst. (crt,FinnSld, P) |
Filing 61 MOTION for Partial Summary Judgment for Defense and Indemnity by Gulf South Services Inc. Motions referred to Magistrate Judge Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts)(aty,Flotte, David) |
Filing 60 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Unassigned District Judge. Judge Rebecca F Doherty no longer assigned to case. All pending motions are referred to the assigned magistrate judge for processing. All deadlines and hearings remain as set pending further review by the court. All future filings should bear the name of the new judge assignment. Approved by Chief Judge Dee D Drell on 10/02/2017.(crt,Putch, A) |
Motions referred to Magistrate Judge: #48 MOTION for Summary Judgment Dismissing Petition of Dylan Moresi. Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Putch, A) |
Filing 59 NOTICE by Troy Matthews, Johnathan Wayde Rollins of Plaintiffs' Notice of Filing Consent (Attachments: #1 Exhibit Consent to Become a Party Plaintiff, #2 Exhibit Consent to Become a Party Plaintiff)(aty,St Pe, Kenneth) Modified on 2/24/2017 to edit filers and text. (Keller, J) |
Filing 58 NOTICE by Kam Kaysonpheth of Plaintiff's Notice of Filing Consent (Attachments: #1 Exhibit Consent to Join Form)(aty,St Pe, Kenneth) Modified on 2/23/2017 to edit filers and text. (Keller, J) |
Filing 57 NOTICE by Dale Joseph Nesom of Plaintiffs' Notice of Filing Consent (Attachments: #1 Exhibit Consent to Become a Party Plaintiff)(aty,St Pe, Kenneth) Modified on 2/17/2017 to edit filers and text. (Keller, J) |
Filing 56 NOTICE by Khonesavan Khamsingsavath of Plaintiff's Notice of Filing Consent (Attachments: #1 Exhibit Consent to Become a Party Plaintiff)(aty,St Pe, Kenneth) Modified on 2/14/2017 to edit filers and text. (Keller, J) |
Filing 55 ORDER, IT IS ORDERED that the parties joint Notice of Collective Action Lawsuit is APPROVED AS TO FORM. Signed by Magistrate Judge Carol B Whitehurst on 1/18/17. (crt,Jordan, P) (Additional attachment(s) added on 1/19/2017: #1 Notice) (Jordan, P). |
Filing 54 ORDER granting in part and denying in part #38 Motion to Certify Class. IT IS FURTHER ORDERED that Defendants shall have 10 days from entry of this Order, to provide Plaintiffs with an updated computer readable data file containing information necessary to facilitate notice, including the name, last known mailing address, last known telephone number, and email address of each of the employees jointly employed by Resource Energy Ventures and Construction Company LLC and Gulf South Services, Inc. at the BAE Project. IT IS FURTHER ORDERED that, no later than 1/20/2017, the parties shall jointly submit a revised copy of the Proposed Notice for final Court review. IT IS FURTHER ORDERED that, once the revised Proposed Notice is approved, Plaintiffs are authorized to disseminate the approved Notice to prospective class members via first class mail and email. IT IS FURTHER ORDERED that prospective class members may opt in to this collective action if they have mailed, faxed, or emailed their consent form to counsel for the class within 60 days after the Notice. IT IS FURTHER ORDERED that 30 days from the date Notice was originally sent, Plaintiffs are authorized to send by first class mail and email a second identical copy of thenotice/consent form to the prospective class members reminding them of the deadline for the submission of the consent form. Signed by Magistrate Judge Carol B Whitehurst on 1/3/2017. (crt,Chicola, C) |
Filing 53 MEMORANDUM in Opposition re #48 MOTION for Summary Judgment Dismissing Petition of Dylan Moresi filed by Dylan John Moresi. (Attachments: #1 Statement of material facts, #2 Deposition of Wilfred Henry, Jr., #3 Deposition of Desmond Connor, #4 Deposition of Colby Babino, #5 Deposition of Dylan Moresi)(aty,St Pe, Kenneth) Modified on 11/22/2016 to edit text (FinnSld, P). |
Filing 52 REPLY to Response to Motion re #38 MOTION to Certify Class filed by Colby Babino, Desmond J Connor, Sr, Wilfred Henry, Jr, Dylan John Moresi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(crt,Chicola, C) |
Filing 51 ORDER granting #49 Motion for Leave to File Reply Brief. Signed by Magistrate Judge Carol B Whitehurst on 11/14/2016. (crt,Chicola, C) |
Filing 50 NOTICE of Motion Setting without oral argument regarding #48 MOTION for Summary Judgment Dismissing Petition of Dylan Moresi. Motion day set for 1/27/2017 before Judge Rebecca F Doherty. (crt,Keller, J) |
Filing 49 MOTION for Leave to File Reply Brief to Gulf South Services, Inc.'s Opposition to Conditional Class Certification with consent by Dylan John Moresi, Wilfred Henry Jr, Desmond J Connor Sr and Colby Babino. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed Exhibit A, #4 Proposed Exhibit B, #5 Proposed Exhibit C, #6 Proposed Exhibit D, #7 Proposed Exhibit E)(aty,St Pe, Kenneth) Modified on 11/10/2016 to edit text and capture all filers. (Keller, J) |
Motions Transferred regarding #49 MOTION for Leave to File Reply Brief to Gulf South Services, Inc.'s Opposition to Conditional Class Certification with consent . Motions referred to Carol B Whitehurst. (crt,Keller, J) |
Filing 48 MOTION for Summary Judgment Dismissing Petition of Dylan Moresi by Gulf South Services Inc. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts)(aty,Flotte, David) |
Filing 47 NOTICE of Deficiency to Kenneth D St Pe on behalf of Wilfred Henry Jr, Dylan John Moresi regarding #46 Reply to Response to Motion. Reason: The Federal Rules of Civil Procedure do not provide for the filing of a reply brief and acceptance of such a brief is discretionary with the judge. Leave of court must be obtained before the filing of a reply brief in this case. (crt,Keller, J) |
Filing 46 DEFICIENT REPLY to Response to Motion re #38 MOTION to Certify Class Reply of Dylan John Moresi, et al to Gulf South Services, Inc.'s Opposition to Conditional Class Certification filed by Wilfred Henry, Jr, Dylan John Moresi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(aty,St Pe, Kenneth) Modified on 11/9/2016 to reflect deficient status. (Keller, J) Modified on 11/10/2016 to remove deficient status as pleading refiled in its entirety. (Keller, J) See doc #49 Motion for Leave to File Reply Brief. |
Filing 45 ORDER re #38 MOTION to Certify Class filed by Dylan John Moresi : The November 22, 2016 hearing with oral argument is hereby cancelled. The Court will issue a ruling on the Motion based on the parties' briefs. Signed by Magistrate Judge Carol B Whitehurst on 11/09/2016. (crt,Williams, L) |
Filing 44 MEMORANDUM in Opposition re #38 MOTION to Certify Class filed by Gulf South Services Inc. (Attachments: #1 Exhibit GS-1, #2 Exhibit GS-2, #3 Exhibit GS-3, #4 Exhibit GS-4, #5 Exhibit GS-5, #6 Exhibit GS-6, #7 Exhibit GS-7, #8 Exhibit GS-8, #9 Exhibit GS-9, #10 Exhibit GS-10, #11 Exhibit GS-11, #12 Exhibit GS-12, #13 Exhibit GS-13, #14 Exhibit GS-14)(aty,Flotte, David) |
Filing 43 AMENDED ANSWER to #14 Amended Complaint by Gulf South Services Inc. (crt,Chicola, C) |
Filing 42 ORDER granting #41 Motion to Amend/Correct. Signed by Magistrate Judge Carol B Whitehurst on 10/6/2016. (crt,Chicola, C) |
Filing 41 MOTION to Amend/Correct #24 Answer to Amended Complaint, Crossclaim,, with consent by Gulf South Services Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Proposed pleading, #3 Certificate of No Opposition, #4 Proposed order)(aty,Flotte, David) |
Filing 40 ORDER RESETTING #38 MOTION to Certify Class : Motion reset for 11/22/2016 at 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge Carol B Whitehurst. IT IS FURTHER ORDERED that the deadlines for filing any opposition to the Motion as well as any motion for leave to reply are extended 30 days. Signed by Magistrate Judge Carol B Whitehurst on 9/19/2016. (crt,Chicola, C) |
Filing 39 NOTICE of Motion Setting with oral argument regarding: #38 MOTION to Certify Class . Motions referred to Carol B Whitehurst. Motion day set for 11/2/2016 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) |
Filing 38 MOTION to Certify Class by Dylan John Moresi. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Exhibit Declaration of Dylan John Moresi, #4 Exhibit Declaration of Colby Babino, #5 Exhibit GSSI Welder Job Description, #6 Exhibit Payroll records GSSI, #7 Exhibit GSSI Discovery Responses, #8 Exhibit Proposed Notice/Consent form)(aty,St Pe, Kenneth) |
Filing 37 ORDER: IT IS ORDERED that the November 16, 2016 hearing is UPSET and thehearing on Plaintiff's Motion for Conditional Certification is RESCHEDULED forWednesday, November 4, 2016 at 10:00 a.m. Signed by Magistrate Judge Carol B Whitehurst on 8/9/2016. (crt,Chicola, C) |
Filing 36 ORDER granting #35 Motion to Substitute Attorney. Added attorney James Gary Albertine III for Gulf South Services Inc Attorney Jude C Bursavich and Eve B Masinter terminated. Signed by Magistrate Judge Carol B Whitehurst on 7/1/16. (crt,Keller, J) |
Filing 35 MOTION to Withdraw and Substitute Counsel of Record David M Flotte and James G Albertine in place of Eve B Masinter and Jude C Bursavich with consent by Gulf South Services Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order)(Attorney David M Flotte added to party Gulf South Services Inc(pty:dft), Attorney David M Flotte added to party Gulf South Services Inc(pty:crc))(aty,Flotte, David) Modified on 6/30/2016 (Keller, J). |
Filing 34 ANSWER to #24 Crossclaim, by Resource Energy Ventures & Construction Co L L C.(aty,Landry, Edward) Modified on 6/8/2016 to edit text. (Keller, J) |
Filing 33 MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE CONFERENCE held on 6/7/2016. On or before September 5, 2016, the plaintiff is to file its motion for conditional certification. Any opposition must be filed by October 3, 2016 and any reply shall be filed by October 10, 2016. The Court will conduct a hearing on the motion in courtroom 6 on November 16, 2016 at 10:00 a.m. (crt,Jordan, P) |
Set/Reset Hearings: Magistrate Judge Miscellaneous Hearing set for 11/16/2016 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge Carol B Whitehurst. See minutes of court on this date (crt,Jordan, P) |
Filing 32 ELECTRONIC ORDER re #30 Order on Motion to Continue, Pursuant to the agreement of the parties, the telephone conference scheduled for Wednesday, June 1, 2016 at 2:00 p.m. is RESCHEDULED for Tuesday, June 7, 2016 at 10:00 a.m. Dial in: 877-336-1839; Access Code: 2869540 #. Signed by Magistrate Judge Carol B Whitehurst on 06/01/2016. (crt,Hays, F) |
Set/Reset Hearings: Scheduling Conference set for 6/7/2016 10:00 AM in by phone before Magistrate Judge Carol B Whitehurst. (crt,Williams, L) |
Filing 31 NOTICE by Desmond J Connor, Sr of Notice of Plaintiff's Filing Consent. (Attachments: #1 Notice of Consent)(aty,St Pe, Kenneth) Modified on 5/26/2016 to edit filers and text. (Keller, J) |
Filing 30 ORDER granting #28 Motion to Continue. Magistrate Judge Telephone Conference reset for 6/1/2016 02:00 PM before Magistrate Judge Carol B Whitehurst. Signed by Magistrate Judge Carol B Whitehurst on 5/18/16. (crt,Keller, J) Modified on 5/26/2016 to edit text. (Keller, J) |
Filing 29 CORPORATE DISCLOSURE STATEMENT by Gulf South Services Inc. (aty,Masinter, Eve) |
Filing 28 MOTION to Continue Telephone Conference with consent sought but not yet obtained by Resource Energy Ventures & Construction Co L L C. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order, #2 Exhibit letter with available dates)(aty,Landry, Edward) Modified on 5/17/2016 to edit text. (Keller, J) |
Filing 27 ORDER: Magistrate Judge Telephone Conference set for 5/26/2016 10:00 AM before Magistrate Judge Carol B Whitehurst. Signed by Magistrate Judge Carol B Whitehurst on 05/16/2016. (crt,Williams, L) |
Filing 26 NOTICE by Nathaniel Thomas of Plaintiff's Notice of Filing Consent. (Attachments: #1 Notice of Consent)(aty,St Pe, Kenneth) Modified on 5/13/2016 to edit filers and text. (Keller, J) |
Filing 25 NOTICE of Corporate Disclosure Statement Requirement re: #24 Answer to Amended Complaint, Crossclaim, sent to Eve B Masinter on behalf of Gulf South Services Inc. Corporate Disclosure Statement due by 5/20/2016. (crt,Keller, J) |
Filing 24 ANSWER to #14 Amended Complaint with Jury Demand, CROSSCLAIM against Resource Energy Ventures & Construction Co L L C by Gulf South Services Inc. (Attachments: #1 Exhibit A - Master Service Contract, #2 Exhibit B - Demand to REVCO)(aty,Masinter, Eve) Modified on 5/6/2016 to edit text. (Keller, J) |
Filing 23 NOTICE by Colby Babino of Plaintiff's Notice of Filing Consent (Attachments: #1 Notice of Consent)(aty,St Pe, Kenneth) Modified on 5/4/2016 to edit filers and text.(Keller, J) |
Filing 22 NOTICE by Wilfred Henry, Jr of Plaintiff's Notice of Filing Consent (Attachments: #1 Notice of Consent)(aty,St Pe, Kenneth) Modified on 5/4/2016 to edit filers. (Keller, J) |
Filing 21 ORDER granting #20 Motion for Extension of Time to Answer re #14 Amended Complaint Gulf South Services Inc answer due 5/5/2016. Signed by Magistrate Judge Carol B Whitehurst on 4/9/2016. (crt,Reasor, M) |
Filing 20 MOTION for Extension of Time to File Answer re #14 Amended Complaint, #1 Complaint, with consent by Gulf South Services Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order)(Attorney Eve B Masinter added to party Gulf South Services Inc(pty:dft))(aty,Masinter, Eve) |
Filing 19 SUMMONS Returned Executed by Dylan John Moresi. Gulf South Services Inc served on 3/15/2016, answer due 4/5/2016. (aty,St Pe, Kenneth) |
Filing 18 ORDER granting #17 MOTION to Upset Deadlines. The Initial Case Management Plan Order entered on 12/27/2015 is hereby UPSET. The Court will schedule a status conference after Gulf South Services Inc appear in this case and a new plan will be adopted at that time. Signed by Magistrate Judge Carol B Whitehurst on 2/24/2016. (crt,Reasor, M) |
Filing 17 JOINT MOTION TO UPSET the Deadlines In the Initial Case Management Plan with consent by Dylan John Moresi and Resource Energy Ventures & Construction Co L L C. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Certificate of Service)(aty,St Pe, Kenneth) Modified on 2/23/2016 to modify motion and docket text and to add filer (Whidden, C). |
Filing 16 ANSWER to #14 Amended Complaint with Jury Demand by Resource Energy Ventures & Construction Co L L C.(aty,Landry, Edward) |
Filing 15 SUMMONS ISSUED as to Gulf South Services Inc (crt,Putch, A) |
Filing 14 FIRST SUPPLEMENTAL AND AMENDING COMPLAINT against Resource Energy Ventures & Construction Co L L C, Gulf South Services Inc filed by Dylan John Moresi.(crt,Putch, A) |
Filing 13 ORDER granting #12 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Carol B Whitehurst on 1/14/2016. (crt,Putch, A) |
Motions Transferred regarding #12 UNOPPOSED MOTION to File First Supplemental and Amending Complaint. Motions referred to Carol B Whitehurst. (crt,Putch, A) |
NOTICE of Corrective Action to Kenneth D St Pe on behalf of Dylan John Moresi regarding #12 MOTION to Amend/Correct Complaint. Action taken: Modified entry to more accurately identify the pleading submitted. (crt,Putch, A) |
Filing 12 UNOPPOSED MOTION to File First Supplemental and Amending Complaint filed as an Amended Complaint filed by Dylan John Moresi. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Certificate of Service, #4 Consent Statement to Plaintiffs' Motion to File First Supplemental and Amending Complaint)(aty,St Pe, Kenneth) Modified on 1/14/2016 to more accurately identify the pleading submitted. (Putch, A) |
Filing 11 INITIAL CASE MANAGEMENT PLAN ORDER regarding #10 Motion for Proposed Initial Case Management Plan; IT IS HEREBY ORDERED AS FOLLOWS: The parties shall exchange initial disclosures pursuant to FRCP Rule 26 by 1/08/2016. By 1/30/2016, Defendant shall make an initial production of compensation data for the time period 8/21/2012 - 8/21/2015. By 2/15/2016, Plaintiff shall provide Defendant with a proposal for case and claim resolution. In the event that the parties are unable to reach an agreement and stipulation, Plaintiff must file a motion for conditional certification by 2/29/2016. Signed by Magistrate Judge Carol B Whitehurst on 12/27/2015. (crt,Putch, A) |
Set Deadlines PER #11 Order: Initial Disclosures exchanged by 1/8/2016. Compliance Deadline set for 1/30/2016. Second Compliance Deadline set for 2/15/2016. (crt,Putch, A) |
Filing 10 MOTION Proposed Initial Case Management Plan by Dylan John Moresi and Resource Energy Ventures & Construction Co L L C. Motions referred to Carol B Whitehurst. (Attachments: #1 Proposed order, #2 Exhibit Certificate of Service)(aty,St Pe, Kenneth) Modified on 12/22/2015 to add filer (Reasor, M). |
Filing 9 ORDER Pursuant to the #8 Scheduling Conference conducted on this date by the Court with the parties to this action, IT IS ORDERED that by Wednesday, Decmeber 23, 2015, the parties are to file a Joint Motion to Accept Proposed Scheduling Order setting out their proposed conditional certification deadlines and filing dates. (Compliance Deadline set for 12/23/2015.). Signed by Magistrate Judge Carol B Whitehurst on 12/15/15. (crt,Guidry, C) |
Filing 8 MINUTES OF COURT for proceedings held before Magistrate Judge Carol B Whitehurst: SCHEDULING CONFERENCE held on 12/15/2015. On or before December 23, 2015, the parties are to file a Joint Motion to Accept Proposed Scheduling Order setting out their proposed conditional certification deadlines and filing dates. (crt,Guidry, C) |
Filing 7 ORDER: Rule 16 Conference set for 12/15/2015 at 10:00 AM by phone before Magistrate Judge Carol B Whitehurst. Counsel for plaintiff is to initiate the telephone conference, joining the defendant before contacting the Court. Signed by Magistrate Judge Carol B Whitehurst on 12/8/2015. (crt,Chicola, C) |
Filing 6 CORPORATE DISCLOSURE STATEMENT by Resource Energy Ventures & Construction Co L L C identifying Corporate Parent Energy Construction and Investments Company, LLC for Resource Energy Ventures & Construction Co L L C. (aty,Landry, Edward) |
Filing 5 ANSWER to #1 Complaint, with Jury Demand by Resource Energy Ventures & Construction Co L L C.(aty,Landry, Edward) |
Filing 4 ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Carol B Whitehurst. Magistrate Judge C Michael Hill no longer assigned to case. Any motion and/or proceeding currently set before Magistrate Judge C Michael Hill is hereby reset before Magistrate Judge Carol B Whitehurst. All future pleadings shall reflect the current judge assignment. Signed by Magistrate Judge Carol B Whitehurst on 9/9/15. (crt,Whidden, C) |
Filing 3 NOTICE by Dylan John Moresi (Attachments: #1 Notice of Consent with Original Signature of Dylan J Moresi)(aty,St Pe, Kenneth) Modified on 9/3/2015 to edit text. (Putch, A) |
Filing 2 SUMMONS ISSUED as to Resource Energy Ventures & Construction Co L L C (crt,Putch, A) |
CASE Assigned to Judge Rebecca F Doherty and Magistrate Judge C Michael Hill. (crt,Putch, A) |
Filing 1 COMPLAINT against Resource Energy Ventures and Construction Co L L C with Jury Demand (Filing fee $400, receipt number 0536-2873112) filed by Dylan John Moresi. (Attachments: #1 Civil cover sheet)(Attorney Kenneth D St Pe added to party Dylan John Moresi(pty:pla))(aty,St Pe, Kenneth) Modified on 8/24/2015 to edit text. (Putch, A) |
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