Arnold et al v. LME, Inc.
| Giovanni Vargas, William Keith Calicott, Bobby Brockhouse, Bonnie Gustason, Brian Arnold, Kirk Raymond, Christopher Curtis, Andrew Richardson, Lhoucine Chal, Robert Beck, Christian Dawson, Timothy Holt, Sheyenne Curtis, Ronald Gustason, James West, Ines Garza, Darian Waller, Daniel Gregory, David Messbarger and Julie Snead |
| Roger D Wilsey, Sr, Shari K Wilsey, LME, Inc., Shari K. Wilsey and Roger D. Wilsey, Sr. |
| 0:2020cv02082 |
| September 30, 2020 |
| US District Court for the District of Minnesota |
| John R Tunheim |
| Elizabeth Cowan Wright |
| Labor: Other |
| 05 U.S.C. § 704 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 33
Declaration of Paul Shapiro in Support of #20 MOTION to Dismiss/General Plaintiffs' Amended Complaint filed by Roger D. Wilsey, Sr, Shari K. Wilsey. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Shapiro, Paul)
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Filing 32
Reply to Response to Motion re #20 MOTION to Dismiss/General Plaintiffs' Amended Complaint filed by Roger D. Wilsey, Sr, Shari K. Wilsey. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Shapiro, Paul)
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Filing 31
TEXT ONLY ENTRY: ORDER granting #28 Motion for Admission Pro Hac Vice of Attorney Joshua Paul Wunderlich for Brian Arnold; granting #29 Motion for Admission Pro Hac Vice of Attorney Mary Katherine K. Paulus for Brian Arnold. Approved by Magistrate Judge Elizabeth Cowan Wright on 11/13/2020. (NAH)
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Filing 30
MEMORANDUM in Opposition re #20 MOTION to Dismiss/General Plaintiffs' Amended Complaint filed by Brian Arnold, Robert Beck, Bobby Brockhouse, William Keith Calicott, Lhoucine Chal, Christopher Curtis, Sheyenne Curtis, Christian Dawson, Ines Garza, Daniel Gregory, Bonnie Gustason, Ronald Gustason, Timothy Holt, David Messbarger, Kirk Raymond, Andrew Richardson, Julie Snead, Giovanni Vargas, Darian Waller, James West. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) 1-5)(Tanick, Marshall)
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Filing 29
MOTION for Admission Pro Hac Vice for Attorney M. Katherine Paulus. Filing fee $ 100, receipt number AMNDC-8210661 filed by Brian Arnold. (Tanick, Marshall)
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Filing 28
MOTION for Admission Pro Hac Vice for Attorney Joshua P. Wunderlich. Filing fee $ 100, receipt number AMNDC-8209038 filed by Brian Arnold. (Tanick, Marshall)
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Filing 27
NOTICE of Appearance by Michael J Vanselow on behalf of Brian Arnold. (Vanselow, Michael)
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Filing 26
NOTICE of Appearance by Marshall H Tanick on behalf of All Plaintiffs. (Tanick, Marshall)
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Filing 25
(Text-Only) NOTICE TO ATTORNEY regarding Dispositive Motions briefing schedule: All dispositive motions must comply with Local Rule 7.1(c). Responses to dispositive motions shall be filed with the Court on or before 21 days after the service of the supporting memorandum to the original motion. Replies to responsive briefs shall be filed 14 days after the service of the response to the dispositive motion. Upon the motion being fully briefed and filed, counsel for the moving party shall email Chief Judge Tunheims chambers at Tunheim_Chambers@mnd.uscourts.gov to request a hearing date. Upon receiving from Chief Judge Tunheims Courtroom Deputy a hearing date, time and location, the moving party shall file the amended notice of hearing at that time. (HAZ)
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Filing 24
PROPOSED ORDER TO JUDGE re #20 MOTION to Dismiss/General Plaintiffs' Amended Complaint filed by Roger D. Wilsey, Sr, Shari K. Wilsey.(Shapiro, Paul)
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Filing 23
MEET and CONFER STATEMENT re #20 Motion to Dismiss/General filed by Roger D. Wilsey, Sr, Shari K. Wilsey.(Shapiro, Paul)
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Filing 22
MEMORANDUM in Support re #20 MOTION to Dismiss/General Plaintiffs' Amended Complaint filed by Roger D. Wilsey, Sr, Shari K. Wilsey. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Shapiro, Paul)
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Filing 21
NOTICE OF HEARING ON MOTION #20 MOTION to Dismiss/General Plaintiffs' Amended Complaint : Date and time to be determined. (Shapiro, Paul)
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Filing 20
MOTION to Dismiss/General Plaintiffs' Amended Complaint filed by Roger D. Wilsey, Sr, Shari K. Wilsey. (Shapiro, Paul)
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Filing 19
NOTICE of Appearance by Paul Shapiro on behalf of Roger D. Wilsey, Sr, Shari K. Wilsey. (Shapiro, Paul)
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Filing 18
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Ryan Paulus, Joshua Wunderlich, Brian Wayne Fields as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (kt) cc: Ryan Paulus and Joshua Wunderlich. (kt)
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Filing 17
Case transferred in from District of Missouri Western; Case Number 4:19-cv-00555. Original file certified copy of transfer order and docket sheet received. Case assigned to Chief Judge John R. Tunheim and referred to Magistrate Judge Elizabeth Cowan Wright per 3rd/4th Master List.
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Case electronically transferred to District of Minnesota. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu) [Transferred from Missouri Western on 9/30/2020.]
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Filing 16
CLERK'S JUDGMENT (Diefenbach, Tracy) [Transferred from Missouri Western on 9/30/2020.]
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Filing 15
ORDERED that the Court hereby GRANTS IN PART and DENIES IN PART Roger and Shari Wilsey's Motion to Dismiss or Alternatively to Transfer Venue (Doc. # 7). The Court PROVISIONALLY DENIES the Motion to Dismiss and GRANTS the Motion to Transfer Venue. The Clerk of the Court is hereby directed to transfer this case accordingly. Signed on 9/22/20 by District Judge Fernando J. Gaitan, Jr. (Diefenbach, Tracy) [Transferred from Missouri Western on 9/30/2020.]
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Filing 14
NOTICE of filing Change of Firm Names and Email Addresses by Roger D Wilsey, Sr, Shari K Wilsey (Fields, Brian) [Transferred from Missouri Western on 9/30/2020.]
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Filing 13
RETURN OF SERVICE of complaint executed by All Plaintiffs. LME, Inc. served on 10/7/2019, answer due 10/28/2019. (Wunderlich, Joshua) [Transferred from Missouri Western on 9/30/2020.]
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Filing 12
REPLY SUGGESTIONS to motion re #7 MOTION to dismiss for lack of jurisdiction & failure to state a claim, or in the alternative, to Transfer Venue filed by Brian Wayne Fields on behalf of Defendants Roger D Wilsey, Sr, Shari K Wilsey. (Attachments: #1 Exhibit Affidavit of Jason Asmus, #2 Exhibit Exhibit A to Affidavit)(Related document(s) #7 ) (Fields, Brian) [Transferred from Missouri Western on 9/30/2020.]
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Filing 11
SUGGESTIONS in opposition re #7 MOTION to dismiss for lack of jurisdiction & failure to state a claim, or in the alternative, to Transfer Venue filed by Joshua P. Wunderlich on behalf of Plaintiffs Brian Arnold, Robert Beck, Bobby Brockhouse, William Keith Calicott, Lhoucine Chal, Christopher Curtis, Sheyenne Curtis, Christian Dawson, Ines Garza, Daniel Gregory, Bonnie Gustason, Ronald Gustason, Timothy Holt, David Messbarger, Kirk Raymond, Andrew Richardson, Julie Snead, Giovanni Vargas, Darian Waller, James West. Reply suggestions due by 10/2/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Articles of Amendment, #2 Exhibit 2 - Articles of Merger, #3 Exhibit 3 - NLRB Decision and Order, #4 Exhibit 4 - 8th Circuit Order, #5 Exhibit 5 - Arnold Declaration, #6 Exhibit 6 - Garza Declaration, #7 Exhibit 7 - Holt Declaration)(Related document(s) #7 ) (Wunderlich, Joshua) [Transferred from Missouri Western on 9/30/2020.]
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Filing 10
ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. Attorney Jason R. Asmus for Roger D Wilsey, Sr and Shari K Wilsey allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel) [Transferred from Missouri Western on 9/30/2020.]
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Filing 9
Motion to allow Jason R. Asmus to appear pro hac vice (Pro Hac fee $100 receipt number BMOWDC-6473109) filed by Brian Wayne Fields on behalf of Roger D Wilsey, Sr, Shari K Wilsey. (Fields, Brian) [Transferred from Missouri Western on 9/30/2020.]
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Filing 8
SUGGESTIONS in support re #7 MOTION to dismiss for lack of jurisdiction & failure to state a claim, or in the alternative, to Transfer Venue filed by Brian Wayne Fields on behalf of Defendants Roger D Wilsey, Sr, Shari K Wilsey. (Attachments: #1 Affidavit Declaration of Shari Wilsey, #2 Affidavit Declaration of Roger Wilsey)(Related document(s) #7 ) (Fields, Brian) [Transferred from Missouri Western on 9/30/2020.]
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Filing 7
MOTION to dismiss for lack of jurisdiction & failure to state a claim, or in the alternative, to Transfer Venue filed by Brian Wayne Fields on behalf of Roger D Wilsey, Sr, Shari K Wilsey. Suggestions in opposition/response due by 9/18/2019 unless otherwise directed by the court. (Attorney Brian Wayne Fields added to party Roger D Wilsey, Sr(pty:dft), Attorney Brian Wayne Fields added to party Shari K Wilsey(pty:dft))(Fields, Brian) [Transferred from Missouri Western on 9/30/2020.]
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Filing 6
ORDER TRANSFERRING/REASSIGNING CASE. Case randomly reassigned to District Judge Fernando J. Gaitan, Jr for all further proceedings. District Judge Ortrie D. Smith no longer assigned to case. Signed on 3/3/2019 by District Judge Ortrie D. Smith. (Houston, Kiambu) [Transferred from Missouri Western on 9/30/2020.]
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Filing 5
RETURN OF SERVICE of complaint executed by All Plaintiffs. Roger D. Wilsey, Sr. served on 8/14/2019. Answer due 9/4/2019. (Wunderlich, Joshua)Modified on 8/27/2019 to reflect defendant served and answer due date (Houston, Kiambu). [Transferred from Missouri Western on 9/30/2020.]
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Filing 4
RETURN OF SERVICE of complaint executed by All Plaintiffs. Shari Wilsey served on 8/14/2019. Answer due 9/04/2019. (Wunderlich, Joshua) Modified on 8/27/2019 to reflect defendant served and answer due date (Houston, Kiambu). [Transferred from Missouri Western on 9/30/2020.]
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SUMMONS ISSUED as to Roger D Wilsey, Sr, Shari K Wilsey. (Woods, Gloria) [Transferred from Missouri Western on 9/30/2020.]
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Filing 3
AMENDED COMPLAINT against All Defendants filed by Joshua P. Wunderlich on behalf of All Plaintiffs.(Wunderlich, Joshua) [Transferred from Missouri Western on 9/30/2020.]
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SUMMONS ISSUED as to LME, Inc.. (Woods, Gloria) [Transferred from Missouri Western on 9/30/2020.]
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Filing 2
NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Kern, Kendra) [Transferred from Missouri Western on 9/30/2020.]
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Filing 1
COMPLAINT against All Defendants filed by Joshua P. Wunderlich on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-6401103. Service due by 10/15/2019 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Wunderlich, Joshua) [Transferred from Missouri Western on 9/30/2020.]
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