Guy v. Absopure Water Company
| Justin Guy |
| Absopure Water Company |
| Kathleen Bogas |
| 2:2020cv12734 |
| October 8, 2020 |
| US District Court for the Eastern District of Michigan |
| Mark A Goldsmith |
| Elizabeth A Stafford |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 145
OPINION & ORDER Denying Defendant's Motion to Decertify Collective Action Status (Dkt. #124 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 144
ORDER STRIKING MOTION (Dkt. 142). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 143
MOTION in Limine to exclude testitmony and exhibits by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Cummings, Michael)
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Filing 142
[STRICKEN] MOTION for Summary Judgment Based on Statute of Limitations by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Cummings, Michael) Modified on 9/11/2023 (KSan).
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Filing 141
OPINION & ORDER Denying Defendant's Motion to Extend Case Deadlines and Compel Depositions of Plaintiffs (Dkt. #128 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 140
OPINION AND ORDER Denying Defendant's Motion to Amend Affirmative Defenses (Dkt. #119 ). Signed by District Judge Mark A. Goldsmith. (JMcC)
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Filing 139
STATEMENT of Plaintiff's Response to Defendant's Untimely Submitted Statement by Justin Guy (Hanna, Michael)
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Filing 138
STATEMENT of Statement pursuante to Court Orders ECF Nos. 134 and 135 by Absopure Water Company (Cummings, Michael)
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Filing 137
STATEMENT of Plaintiff's Portion of the Joint Statement Pursuant to ECF by Justin Guy (Attachments: #1 Exhibit A_Conferral email) (Hanna, Michael)
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Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Motion Hearing held on 8/21/2023 re #124 MOTION Decertify Conditioinal Collective Action Status filed by Absopure Water Company, #128 MOTION TO EXTEND Extend Schedule and Compel Depositions filed by Absopure Water Company (Court Reporter: David Yarbrough) (KSan)
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Filing 136
OPINION & ORDER Denying Plaintiff's Motion for Sanctions in the Form of Default Judgment (Dkt. #115 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 135
STIPULATED ORDER to Extend Deadline to File Joint Statement (Joint Statement due by 10:00am on 8/28/2023). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 134
ORDER Directing Parties to File Joint Statement. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 133
NOTICE OF VIDEO CONFERENCE HEARING on #128 MOTION TO EXTEND Extend Schedule and Compel Depositions , #124 MOTION Decertify Conditioinal Collective Action Status . Motion Hearing set for 8/21/2023 04:00 PM before District Judge Mark A. Goldsmith |Zoom Webinar Information: https://www.zoomgov.com/j/1619402189?pwd=WFVodzZMNWp6N3I1WXVvYWNpbTVzQT09 Passcode: 080284 Or One tap mobile : +16692545252,,1619402189# US (San Jose) +15512851373,,1619402189# US (New Jersey)| (KSan)
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Filing 132
STIPULATION AND ORDER to Adjourn Scheduled Motion Hearing. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 131
REPLY to Response re #128 MOTION TO EXTEND Extend Schedule and Compel Depositions filed by Absopure Water Company. (Cummings, Michael)
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Filing 130
NOTICE OF VIDEO CONFERENCE HEARING on #128 MOTION TO EXTEND Extend Schedule and Compel Depositions , #124 MOTION Decertify Conditioinal Collective Action Status . Motion Hearing set for 8/14/2023 04:00 PM before District Judge Mark A. Goldsmith |Zoom Webinar Information: https://www.zoomgov.com/j/1619402189?pwd=WFVodzZMNWp6N3I1WXVvYWNpbTVzQT09 Passcode: 080284 Or One tap mobile : +16692545252,,1619402189# US (San Jose) +15512851373,,1619402189# US (New Jersey)| (KSan)
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Filing 129
RESPONSE to #128 MOTION TO EXTEND Extend Schedule and Compel Depositions and Request for Sanction filed by Justin Guy. (Attachments: #1 Exhibit 1_Dep of Keith Brown, #2 Exhibit 2_Dep of David Sujkowski, #3 Exhibit 3_Dep of Terry Pemberton) (Hanna, Michael)
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TEXT-ONLY ORDER: The Court sets the following briefing schedule regarding #128 MOTION TO EXTEND Schedule and Compel Depositions : Plaintiff's Response is due by 8/9/2023; Reply due by 8/10/2023. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (EPar)
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Filing 128
MOTION TO EXTEND Extend Schedule and Compel Depositions by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Cummings, Michael)
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Filing 127
REPLY to Response re #124 MOTION Decertify Conditioinal Collective Action Status filed by Absopure Water Company. (Cummings, Michael)
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Filing 126
RESPONSE to #124 MOTION Decertify Conditioinal Collective Action Status filed by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Corporate Representative Deposition Transcript, #3 Exhibit 2 - Job Posting, #4 Exhibit 3 - D's 2nd Supp RFP, #5 Exhibit 4 - Plaintiff's Deposition Excerpt, #6 Exhibit 5 - Plaintiffs' Job Description, #7 Exhibit 6 - Defendant's 2nd Supplemental Answers to Interrogs, #8 Exhibit 7 - Declaration_Phipps, K, #9 Exhibit 8 - Declaration_Perry, C, #10 Exhibit 9 - Declaration_Brown, K, #11 Exhibit 10 - Declaration_Childs, D, #12 Exhibit 11 - Declaration_Fish, C, #13 Exhibit 12 - Declaration_Johnson, G) (Hanna, Michael)
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Filing 125
ORDER Regarding Briefing on Defendant's Motion to Decertify (Dkt. #124 ) ( Response due by 7/24/2023, Reply due by 7/26/2023). Signed by District Judge Mark A. Goldsmith. (KSan)
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Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 7/17/2023 (Court Reporter: None Present, Not on the Record) (KSan)
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Filing 124
MOTION Decertify Conditioinal Collective Action Status by Absopure Water Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Cummings, Michael)
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Filing 123
REPLY to Response re #119 MOTION to Amend/Correct Affirmative Defenses filed by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Cummings, Michael)
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Filing 122
NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/17/2023 02:00 PM before District Judge Mark A. Goldsmith (KSan)
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Filing 121
RESPONSE to #119 MOTION to Amend/Correct Affirmative Defenses filed by Justin Guy. (Hanna, Michael)
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Filing 120
NOTICE by Justin Guy re #102 Order of Intervening Binding Authority Concerning the Sixth Circuit's Standard for FLSA Certification and Request to Strike the July 14, 2023 Deadline to File a Motion to Decertify Collective Action (Attachments: #1 Exhibit 1 - Clark v. A&L Homecare & Training Ctr., LLC) (Hanna, Michael)
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Filing 119
MOTION to Amend/Correct Affirmative Defenses by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Cummings, Michael)
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Filing 118
REPLY to Response re #115 MOTION for Sanctions in the Form of Default Judgment filed by Justin Guy. (Attachments: #1 Exhibit A_Mountain Valley Distributor Agreement) (Hanna, Michael)
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Filing 117
RESPONSE to #115 MOTION for Sanctions in the Form of Default Judgment Opposition filed by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Cummings, Michael)
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Filing 116
STIPULATED Confidentiality Agreement and Protective Order. Signed by District Judge Mark A. Goldsmith. (KSan)
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TEXT-ONLY ORDER: Defendant's response to Plaintiffs' motion (Dkt. #115 ) is due by 6/5/2023; any reply is due by 6/12/2023. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 115
MOTION for Sanctions in the Form of Default Judgment by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Trevor Rogers Declaration, #3 Exhibit 2 - Certificate of No Records for Absopure, #4 Exhibit 3 - Subpoena JB Hunt - Duces Tecum) (Hanna, Michael)
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Filing 114
ORDER Regarding Discovery. Signed by District Judge Mark A. Goldsmith. (KSan)
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Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Hearing held on 5/18/2023 (Court Reporter: David Yarbrough) (KSan)
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Filing 113
NOTICE TO APPEAR BY VIDEO CONFERENCE: Hearing re: Plaintiffs objections to Defendant's discovery (Dkt. #108 ) and on the joint statement (Dkt. #111 ) set for 5/18/2023 03:00 PM before District Judge Mark A. Goldsmith |Zoom Webinar Information: https://www.zoomgov.com/j/1616624001?pwd=K0o2dEdPMG1jc2prYlpISXpZemZ6dz09 Passcode: 656918 Or One tap mobile : +16692545252,,1616624001# US (San Jose) +16469641167,,1616624001# US (US Spanish Line)| (KSan)
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Filing 112
RESPONSE to #110 MOTION to Object to Opt-In Plaintiffs' Discovery Requests filed by Justin Guy. (Hanna, Michael)
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Filing 111
Joint STATEMENT of the May 10, 2023 Opinion and Order by Justin Guy (Hanna, Michael)
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Filing 110
MOTION to Object to Opt-In Plaintiffs' Discovery Requests by All Defendants. (Attachments: #1 Index of Exhibits Index to Exhibits to Motion to Object, #2 Exhibit EXHIBIT A to Motion to Object, #3 Exhibit EXHIBIT B to Motion to Object, #4 Exhibit EXHIBIT C to Motion to Object) (Cummings, Michael)
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Filing 109
OPINION AND ORDER (1) Granting Plaintiff's #78 Motion for Reconsideration and (2) Granting in Part Plaintiff's #56 MOTION for Summary Judgment. Signed by District Judge Mark A. Goldsmith. (HRya)
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Filing 108
MEMORANDUM re #105 Order in Opposition to Defendant's Proposed Discovery by Justin Guy (Hanna, Michael)
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Filing 107
MEMORANDUM re #105 Order on Discovery Requests by All Defendants (Acho, Ronald)
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Filing 106
[STRICKEN] MEMORANDUM on Discovery by All Defendants (Acho, Ronald) Modified on 5/5/2023 (NAhm).
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NOTICE of Error directed to: Ronald G. Acho re #106 Memorandum. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (NAhm)
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Filing 105
ORDER Following May 2, 2023 Hearing. Signed by District Judge Mark A. Goldsmith. (HRya)
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Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 5/2/2023. (Court Reporter: David Yarbrough) (HRya)
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Filing 104
NOTICE of Appearance by Andrew R. Frisch on behalf of Justin Guy. (Frisch, Andrew)
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Filing 103
NOTICE TO APPEAR BY VIDEO CONFERENCE: ON THE RECORD Status Conference set for 5/2/2023 at 4:30 PM before District Judge Mark A. Goldsmith. (HRya)
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Filing 102
ORDER Following April 24, 2023 Status Conference. Signed by District Judge Mark A. Goldsmith. (HRya)
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Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 4/24/2023. (Court Reporter: None Present, Not on the Record) (HRya)
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Filing 101
NOTICE by Justin Guy of Filing Consent to Join Form (13th) (Attachments: #1 Exhibit Consent to Join Form) (Hanna, Michael)
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Filing 100
NOTICE by Justin Guy of Filing Consent to Join Form (12th) (Attachments: #1 Exhibit Consent to Join Form) (Hanna, Michael)
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Filing 99
NOTICE by Justin Guy of Filing Consent to Join Forms (11th) (Attachments: #1 Exhibit Consent to Join Forms) (Hanna, Michael)
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Filing 98
NOTICE by Justin Guy of Filing Consent to Join Forms (10th) (Attachments: #1 Exhibit Consent to Join Forms) (Hanna, Michael)
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Filing 97
NOTICE by Justin Guy of Filing Consent to Join Form (9th) (Attachments: #1 Exhibit Consent to Join Form) (Hanna, Michael)
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Filing 96
NOTICE by Justin Guy of Filing Consent to Join Form (8th) (Attachments: #1 Exhibit Consent to Join Form) (Hanna, Michael)
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Filing 95
NOTICE by Justin Guy of Filing Consent to Join Forms (7th) (Attachments: #1 Exhibit Consent to Join Forms) (Hanna, Michael)
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Filing 94
NOTICE by Justin Guy of Filing Consent to Join Forms (6th) (Attachments: #1 Exhibit Consent to Join Forms) (Hanna, Michael)
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Filing 93
NOTICE by Justin Guy of Filing Consent to Join Forms (5th) (Attachments: #1 Exhibit Consent to Join Form) (Hanna, Michael)
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Filing 92
NOTICE by Justin Guy of Filing Consent to Join Forms (4th) (Attachments: #1 Exhibit Consent to Join Forms) (Hanna, Michael)
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Filing 91
NOTICE by Justin Guy of Filing Consent to Join Form (3rd) (Attachments: #1 Exhibit Consent to Join Form) (Hanna, Michael)
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Filing 90
NOTICE by Justin Guy of Filing Consent to Join Forms (2nd) (Attachments: #1 Exhibit Consent to Join Forms) (Hanna, Michael)
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Filing 89
ORDER Setting Schedule ( Final Pretrial Conference set for 11/13/2023 03:30 PM before District Judge Mark A. Goldsmith, Jury Trial set for 12/5/2023 08:30 AM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 88
ORDER Following March 8, 2023 Status Conference. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 87
REPLY to Response re #78 MOTION for Reconsideration re #70 Order on Motion for Summary Judgment, filed by Justin Guy. (Hanna, Michael)
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Filing 86
NOTICE by Justin Guy of Filing Consent to Join Forms (1st) (Attachments: #1 Exhibit Consent to Join Forms) (Hanna, Michael)
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Filing 85
STIPULATED ORDER Permitting Text Message Notice. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 84
NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 4/24/2023 04:00 PM before District Judge Mark A. Goldsmith (KSan)
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Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Zoom Status Conference held on 3/8/2023 (Court Reporter: None Present, Not on the Record) (KSan)
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Filing 83
RESPONSE to #78 MOTION for Reconsideration re #70 Order on Motion for Summary Judgment, filed by Absopure Water Company. (Cummings, Michael)
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Filing 82
ORDER Approving Notice. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 81
Joint STATEMENT of Status Conference by Justin Guy (Hanna, Michael)
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Filing 80
NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 3/8/2023 11:00 AM before District Judge Mark A. Goldsmith (KSan)
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Filing 79
Joint STATEMENT of Collective Action Notice by Justin Guy (Attachments: #1 Exhibit A_ Notice of Collective Action) (Hanna, Michael)
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TEXT-ONLY ORDER: Defendant must file any opposition to Plaintiff's motion for reconsideration (Dkt. 78) no later than March 3, 2023. (Set Motion Deadline as to #78 MOTION for Reconsideration: Response due by 3/3/2023). SO ORDERED. Issued by District Judge Mark A. Goldsmith. (EPar)
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Filing 78
MOTION for Reconsideration re #70 Order on Motion for Summary Judgment, by Justin Guy. (Hanna, Michael)
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Filing 77
OPINION & ORDER Granting In Part Plaintiff's Motion to Conditionally Certify a Collective Action (Dkt. #58 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 2/15/2023 (Court Reporter: None Present, Not on the Record) (KSan)
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Filing 76
NOTICE of Appearance by Geoffrey N. Fieger on behalf of All Plaintiffs. (Fieger, Geoffrey)
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Filing 75
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/15/2023 04:45 PM before District Judge Mark A. Goldsmith. Plaintiffs counsel shall initiate the call and then include the Court by calling (313) 234-5240 when all parties are on the line (KSan)
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Filing 74
NOTICE of Appearance by Michael O. Cummings on behalf of All Defendants. (Cummings, Michael)
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Filing 73
ORDER Granting in Part Defendant Absopure Water Company's Motion to Adjourn (Dkt. #72 ). Signed by District Judge Mark A. Goldsmith. (JMcC)
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Filing 72
MOTION to Adjourn #71 Notice to Appear, Status Conference by Absopure Water Company. (Acho, Ronald)
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Filing 71
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/13/2023 04:30 PM before District Judge Mark A. Goldsmith. Plaintiffs counsel shall initiate the call and then include the Court by calling (313) 234-5240 when all parties are on the line. (KSan)
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Filing 70
OPINION & ORDER (1) Denying Defendant's Motion for Summary Judgment (Dkt. #55 ) and (2) Granting in Part and Denying in Part Plaintiff's Cross-Motion for Summary Judgment (Dkt. #56 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 69
ORDER granting #68 Motion to Withdraw as Attorney.. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 68
MOTION for Withdrawal of Attorney Mari S. Yokhana by Justin Guy. (Yokhana, Mari)
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Filing 67
NOTICE by Justin Guy re #65 Notice (Other) of Plaintiff's Response to Defendant's Supplemental Authority (Hanna, Michael) Modified on 6/30/2022 (SKra).[WRONG EVENT USED-PLAINTIFF'S RESPONSE TO DEFENDANT'S JUNE 15, 2022 SUPPLEMENTAL AUTHORITY]
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Filing 66
ORDER Regarding Hearing. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 65
NOTICE by Absopure Water Company re #55 MOTION for Summary Judgment of Supplemental Authority (Acho, Ronald)
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Filing 64
REPLY to Response re #58 MOTION to Certify Class Collective Action (Conditionally) filed by Justin Guy. (Hanna, Michael)
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Filing 63
REPLY to Response re #56 MOTION for Summary Judgment filed by Justin Guy. (Attachments: #1 Exhibit A_Plaintiff's Declaration) (Hanna, Michael)
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Filing 62
REPLY to Response re #55 MOTION for Summary Judgment filed by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Invoice, #3 Exhibit B: Byrne Dep, #4 Exhibit C: Byrne 4-19-22 Affidavit, #5 Exhibit D: Doe v Exxon Corp) (Acho, Ronald)
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Filing 61
RESPONSE to #56 MOTION for Summary Judgment filed by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Plaintiff's Response to Admissions, #3 Exhibit B: 2nd Supp Answers to Ints, #4 Exhibit C: Plaintiff's Deposition, #5 Exhibit D: Byrne Deposition, #6 Exhibit E - Defendant's Admissions, #7 Exhibit F - Motor Carrier ID Rpt, #8 Exhibit G: Byrne 1-6-21 Affidavit, #9 Exhibit H - Driver's Handbook, #10 Exhibit I: Absopure Employee Handbook, #11 Exhibit J - Notice, #12 Exhibit K: Plaintiff's Routes, #13 Exhibit L - letter and safety audit, #14 Exhibit M - FMCSA letter, #15 Exhibit N - Compliance Form, #16 Exhibit O - Policy Form, #17 Exhibit P - Drug/Alcohol Form, #18 Exhibit Q: Inventory Turn Report, #19 Exhibit R -Mountain Valley Invoices, #20 Exhibit S: Byrne 3-21-22 Aff, #21 Exhibit T: Byrne 4-19-22 Aff, #22 Exhibit U: Smith v Coastal Produce, #23 Exhibit V: Icc Policy statement) (Acho, Ronald)
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Filing 60
RESPONSE to #58 MOTION to Certify Class Collective Action (Conditionally) filed by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Plaintiff's Response to Admissions, #3 Exhibit B: Byrne 12-13-21 Affidavit, #4 Exhibit C: Plaintiff's Deposition, #5 Exhibit D: Byrne Deposition, #6 Exhibit E: Byrne 4-19-22 Affidvit, #7 Exhibit F: Byrne 3-22-22 Affidavit, #8 Exhibit G: Byrne 1-6-21 Affidavit, #9 Exhibit H: 2nd Supp Anser to Int #11, #10 Exhibit I: Lee v Gab Telecom, #11 Exhibit J: Shipes v Amurcon) (Acho, Ronald)
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Filing 59
RESPONSE to #55 MOTION for Summary Judgment filed by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit 1_30(b)(6) Deposition, #3 Exhibit 2_Plaintiff's Deposition, #4 Exhibit 3_Absopure Associate Handbook, #5 Exhibit 4_Defendant's 3rd Supp. RFP Response, #6 Exhibit 5_Public Sources re Artificial Sweeteners Shelf Life, #7 Exhibit 6_Public Sources re Maxwell Coffee Shelf Life, #8 Exhibit 7_Public Sources re Powdered Coffee Creamers Shelf Life, #9 Exhibit 8_Public Sources re Starbucks Coffee Shelf Life, #10 Exhibit 9_Public Sources re Individual Coffee Creamers Shelf Life, #11 Exhibit 10_Public Sources re Hanson Beverage -1, #12 Exhibit 11_Public Sources re Hanson Beverage -2, #13 Exhibit 12_Df's Second Suppl Answer to Request for Production, #14 Exhibit 13_Defendant's Second Supp. Answers to Interrogatory, #15 Exhibit 14_JB Hunt Annual Report, #16 Exhibit 15_Plaintiff's 2nd Supp. Initial Disclosures, #17 Exhibit 16_Mountain Valley Invoice-Bates 789, #18 Exhibit 17_Field Operations Handbook - Chapter 24 _ U.S. Department of Labor, #19 Exhibit 18_Smith v. Coastal Motion for Reconsideration & Reply Brief) (Hanna, Michael)
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Filing 58
MOTION to Certify Class Collective Action (Conditionally) by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Corporate Representative Deposition, #3 Exhibit 2 - Bates 340, #4 Exhibit 3 - D's 2nd Supp RFP, #5 Exhibit 4 - Plaintiff's Deposition, #6 Exhibit 5 - Bates 95, #7 Exhibit 6 - Defendant's 2nd Supplemental Answers to Interrogs, #8 Exhibit 7 - Bates 474-717, #9 Exhibit 8 - Bates 448, 730-731, #10 Exhibit 9 - Third Supp. Response to RFP) (Hanna, Michael)
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Filing 57
EXHIBIT #11 - CORRECTED re #56 MOTION for Summary Judgment by Justin Guy (Hanna, Michael)
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Filing 56
MOTION for Summary Judgment by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Corporate Representative Deposition, #3 Exhibit 2 - Position Description, #4 Exhibit 3 - Plaintiff's Deposition Transcript, #5 Exhibit 4 - Paystub 10-25-2019, #6 Exhibit 5 - Defendant's Answers to ROA, #7 Exhibit 6 - Defendant's 2nd Supplemental Answers to Interrogs, #8 Exhibit 7 - Defendant's Second Sup Response to RFP., #9 Exhibit 8 - Federal Motor Carrier Safety Administration, #10 Exhibit 9 - Motor Carrier ID Report, #11 Exhibit 10 - MVSW Invoice, #12 Exhibit 11-Third Supplemental Response to Plaintiff's Discovery Requests, #13 Exhibit 12 - MVSW Sales, #14 Exhibit 13 - Previously Produced MVSW Records, #15 Exhibit 14 - Justin Guy Declaration, #16 Exhibit 15 - Excerpts from Associate Handbook, #17 Exhibit 16 - 2nd Supp ROA) (Hanna, Michael)
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Filing 55
MOTION for Summary Judgment by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plaintiff's Admissions, #3 Exhibit B - 12-13-21 Affidavit, #4 Exhibit C - Plaintiff Deposition, #5 Exhibit D - Byrne Deposition, #6 Exhibit E - Defendant's Admissions, #7 Exhibit F - Motor Carrier ID Rpt, #8 Exhibit G - 1-6-21 Affidavit, #9 Exhibit H - Driver's Handbook, #10 Exhibit I - Application, #11 Exhibit J - Notice, #12 Exhibit K - Resume, #13 Exhibit L - letter and safety audit, #14 Exhibit M - FMCSA letter, #15 Exhibit N - Compliance Form, #16 Exhibit O - Policy Form, #17 Exhibit P - Drug/Alcohol Form, #18 Exhibit Q - Absopure invoice samples, #19 Exhibit R -Mountain Valley Invoices, #20 Exhibit S - Plaintiff's deliveries, #21 Exhibit T - Inventory Turn Data Rpt, #22 Exhibit U - 3-21-22 Affidavit, #23 Exhibit V - Brief, #24 Exhibit W - Sun v Coastal Produce Distributors, #25 Exhibit X - ICC Policy Statement) (Acho, Ronald)
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Filing 54
OPINION & ORDER (1) Granting In Part and Denying Part Plaintiff's Motion to Stay Discovery (Dkt. #49 ) and (2) Amending the Scheduling Order (Dkt. #23 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 53
MEMORANDUM re #52 Order re Plaintiff's Motion to Stay by Justin Guy (Attachments: #1 Exhibit A_Special Master Email) (Hanna, Michael)
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Filing 52
ORDER Regarding Plaintiff's Motion to Stay Discovery. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 51
INTERIM SPECIAL MASTER REPORT by Kathleen Bogas (KSan)
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Filing 50
ORDER Regarding Plaintiff's Motion to Stay Discovery (Dkt. #49 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 49
MOTION to Stay Discovery by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Defendant's Privilege Log, #3 Exhibit B - October 21 2021 Correspondence, #4 Exhibit C - Plaintiff's Priviledge Log Conferral) (Hanna, Michael)
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Filing 48
ORDER APPOINTING SPECIAL DISCOVERY MASTER - Kathleen Bogas added. Signed by District Judge Mark A. Goldsmith. (LHos)
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Filing 47
AFFIDAVIT of Kathleen L. Bogas (KSan)
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Filing 46
OPINION & ORDER Denying Without Prejudice Plaintiff's Motion to Compel (Dkt. #35 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Motion Hearing held on 10/19/2021 re #35 MOTION to Compel and Incorporated Memorandum of Law filed by Justin Guy.Disposition: Motion denied (Court Reporter: David Yarbrough) (KSan)
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Filing 45
MEMORANDUM re #44 Notice of Hearing on Motion,, #35 MOTION to Compel and Incorporated Memorandum of Law (Joint) by Justin Guy (Attachments: #1 Exhibit A_Defendant's Joint Memorandum, #2 Exhibit B_AFFIDAVIT 2nd Affidavit of Patrick Byrne, #3 Exhibit C_Defendant's Supplemental Discovery Responses) (Hanna, Michael)
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Filing 44
NOTICE OF VIDEO CONFERENCE HEARING on #35 MOTION to Compel and Incorporated Memorandum of Law. Joint Memorandum due by 10/14/2021, Motion Hearing set for 10/19/2021 09:00 AM before District Judge Mark A. Goldsmith |Zoom Webinar Information: https://www.zoomgov.com/j/1606143876?pwd=cjFWemlNL3NLK0wrbHhhZ1IwQU93dz09 Passcode: 716328 Or One tap mobile : US: +16692545252,,1606143876# or +16692161590,,1606143876#| (KSan)
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Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 10/6/2021 (Court Reporter: None Present, Not on the Record) (KSan)
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Filing 43
NOTICE TO APPEAR BY TELEPHONE: Status Conference RESET for 10/6/2021 04:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (KSan)
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Filing 42
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 9/24/2021 10:00 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (KSan)
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TEXT-ONLY NOTICE: Motion Hearing on September 24, 2021 is Cancelled (KSan)
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Filing 41
NOTICE OF VIDEO CONFERENCE HEARING on #35 MOTION to Compel and Incorporated Memorandum of Law. Motion Hearing RESET for 9/24/2021 10:00 AM before District Judge Mark A. Goldsmith |Zoom Webinar Information: https://www.zoomgov.com/j/1606477013?pwd=QjZjdEZicm1JTlBlQWtTL0lEUFVuQT09 Passcode: 075851 Or One tap mobile : US: +16692545252,,1606477013# or +16468287666,,1606477013#| (KSan)
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Filing 40
STIPULATION AND ORDER for Extension of Time to File the Joint Memorandum Concerning Plaintiff's Motion to Compel ( JM due by 9/13/2021). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 39
NOTICE of Appearance by Mari Sabah Yokhana on behalf of Justin Guy. (Yokhana, Mari)
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Filing 38
STIPULATED ORDER Relating to the Discovery of Electronically Stored Information. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 37
NOTICE OF HEARING BY VIDEO CONFERENCE on #35 MOTION to Compel and Incorporated Memorandum of Law. Motion Hearing set for 9/3/2021 10:00 AM before District Judge Mark A. Goldsmith |Zoom Webinar Information: https://www.zoomgov.com/j/1606477013?pwd=QjZjdEZicm1JTlBlQWtTL0lEUFVuQT09 Passcode: 075851 Or One tap mobile : US: +16692545252,,1606477013# or +16468287666,,1606477013#| (KSan)
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Filing 36
ORDER Regarding Motion to Compel Discovery for Insufficiency of Response (Dkt. #35 ) ( Joint Memorandum due by 8/30/2021, Motion Hearing set for 9/3/2021 10:00 AM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 35
MOTION to Compel and Incorporated Memorandum of Law by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit A_Df's Answers to Interrogatories, #3 Exhibit B_Df's Response to Request for Admissions, #4 Exhibit C_Df's Response to Request for Production, #5 Exhibit D_July 28, 2021 Conferral) (Hanna, Michael)
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Filing 34
ORDER Adjudicating ESI Protocol Disputes. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 33
Joint STATEMENT of ESI Protocol Disputes by Justin Guy (Hanna, Michael)
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Filing 32
NOTICE of Appearance by Jordan James Fields on behalf of All Defendants. (Fields, Jordan)
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Filing 31
ORDER Directing Filing of Joint Statement Regarding ESI Protocol Disputes ( Joint Statement due by 7/29/2021). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 30
OPINION & ORDER Granting In Part and Denying In Part Plaintiff's Motion for Order Governing ESI Protocol (Dkt. #26 ). Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 29
REPLY to Response re #26 MOTION for Order Governing ESI Protocol filed by Justin Guy. (Hanna, Michael)
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Filing 28
RESPONSE to #26 MOTION for Order Governing ESI Protocol filed by Absopure Water Company. (Attachments: #1 Exhibit 1: Eastern District's Model ESI Order) (Acho, Ronald)
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Filing 27
NOTICE of Appearance by Geoffrey N. Fieger on behalf of All Plaintiffs. (Fieger, Geoffrey)
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Filing 26
MOTION for Order Governing ESI Protocol by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit A Proposed Order Governing ESI Protocol, #3 Exhibit B 5/11/2021 Conferral, #4 Exhibit C 6/2/2021 Conferral) (Hanna, Michael)
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Filing 25
ORDER for Withdrawal of Counsel. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 24
NOTICE of Withdrawal of Attorney Haba Yono for on behalf of Justin Guy. (Yono, Haba)
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Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 12/15/2021, Motion for Summary Judgment on MCA and Motion to Conditionally Certify Collective Action set for 1/15/2022. Signed by District Judge Mark A. Goldsmith. (Refer to image for additional dates) (KSan)
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Filing 22
ORDER Denying Motion to Strike Affirmative Defenses (Dkt. #15 ) Without Prejudice. Signed by District Judge Mark A. Goldsmith. (KSan)
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Filing 21
AFFIRMATIVE DEFENSES by Absopure Water Company (Acho, Ronald)
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Filing 20
RESPONSE to #16 Order, Set Deadlines/Hearings (Corrected) by Justin Guy. (Attachments: #1 Exhibit A - Defendants Federal Motor Carrier Safety Administration profile) (Hanna, Michael)
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Filing 19
RESPONSE to #16 Order, Set Deadlines/Hearings by Justin Guy. (Attachments: #1 Exhibit A - Defendants Federal Motor Carrier Safety Administration profile) (Hanna, Michael)
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Filing 18
Position STATEMENT of Scheduling Pursuant to Court's April 2, 2021 Order Following Scheduling Conference by Absopure Water Company (Acho, Ronald)
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Filing 17
ORDER Granting Defendant Leave to File Amended Affirmative Defenses. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Filing 16
ORDER Following Scheduling Conference. (Statement due by 4/6/2021) Signed by District Judge Mark A. Goldsmith. (JMcC)
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Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Scheduling Conference held on 4/1/2021. (Court Reporter: None Present, Not on the Record) (JMcC) Modified on 4/2/2021 (JMcC).
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Filing 15
MOTION to Strike Affirmative Defenses by Justin Guy. (Attachments: #1 Exhibit A - Rule 7.1 Conferral Correspondence Re Plaintiff's Motion to Strike) (Hanna, Michael)
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Filing 14
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Hanna, Michael)
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Filing 13
ORDER Regarding Telephonic Conference ( TELEPHONIC Scheduling Conference set for 4/1/2021 04:00 PM before District Judge Mark A. Goldsmith). Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Filing 12
ANSWER to Complaint with Affirmative Defenses and Reliance on Jury Demand by Absopure Water Company. (Acho, Ronald)
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Filing 11
ORDER & OPINION Denying Defendant Absopure's Motion to Dismiss (Dkt. #6 ) and Denying Plaintiff Justin Guy's Request for Sanctions (Dkt. #7 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Filing 10
REPLY to Response re #6 MOTION to Dismiss (Amended Reply) filed by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Hernandez Order, #3 Exhibit B: Hall Taxed Costs, #4 Exhibit C: Byrne Affidavit) (Acho, Ronald)
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Filing 9
ORDER STRIKING DOCUMENT (Dkt. 8). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Filing 7
RESPONSE to #6 MOTION to Dismiss and Request for Sanctions filed by Justin Guy. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Defendant's 1st sanctions threat & Plaintiff's Response, #3 Exhibit B - Defendant's 2nd sanctions threat, #4 Exhibit C - Defendant's 3rd sanctions threat & Plaintiff's Response, #5 Exhibit D - Defendant's 4th sanctions threat and Plaintiff's Response, #6 Exhibit E - Defendant's 5th sanctions threat and Plaintiff's Response) (Hanna, Michael)
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Filing 6
MOTION to Dismiss by Absopure Water Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Byrne Affidavit, #3 Exhibit B: DOT Telephone Policy form, #4 Exhibit C: Certification Compliance Form, #5 Exhibit D: Licensing Policy Form) (Acho, Ronald)
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Filing 5
CERTIFICATE of Service/Summons Returned Executed. Absopure Water Company served on 12/16/2020, answer due 1/6/2021. (Hanna, Michael)
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Filing 4
ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Filing 3
NOTICE of Appearance by Haba Yono on behalf of Justin Guy. (Yono, Haba)
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Filing 2
SUMMONS Issued for *Absopure Water Company* (LGra)
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Filing 1
COMPLAINT (COLLECTIVE ACTION) filed by Justin Guy against Absopure Water Company with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8095487 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A - Consent to Join by Named Plaintiff) (Hanna, Michael)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LGra)
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