Futrell et al v. Cargill, Incorporated
| James Futrell, April Brown and Chris Rogers |
| Cargill, Incorporated |
| 0:2022cv00969 |
| April 15, 2022 |
| US District Court for the District of Minnesota |
| Dulce J Foster |
| Tony N Leung |
| John R Tunheim |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 54
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report and Confidential Letters due by 4/20/2023. Pretrial Scheduling Conference set for 4/27/2023 at 03:00 PM by Zoom video (no courtroom) before Magistrate Judge Dulce J. Foster. Signed by Magistrate Judge Dulce J. Foster on 3/27/2023. (Attachments: #1 Rule 26(f) Report Template, #2 Consent Form)(LNP)
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Filing 53
Defendant's ANSWER to #17 Amended Complaint filed by Cargill, Incorporated. (Rollins, Samantha)
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Filing 52
MEMORANDUM OPINION AND ORDER granting in part and denying in part #18 Defendant's Motion to Dismiss. The Motion to Dismiss as it relates to Counts 1, 3, 4, and 5 are Denied. The Motion to Dismiss as it relates to Count 2 is Granted without prejudice. (Written Opinion) Signed by Judge John R. Tunheim on 3/15/2023. (KKM)
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Filing 51
NOTICE of Change of Address by Matthew Scott Parmet (Parmet, Matthew)
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Filing 50
RESPONSE re #49 Notice (Other) Defendant's Response to Notice of Supplemental Authority filed by Cargill, Incorporated.(Rollins, Samantha)
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Filing 49
NOTICE by April Brown, James Futrell, Chris Rogers of Filing Supplemental Authority Law (Attachments: #1 Exhibit(s) A - Levy v. Endeavor Air Inc.)(Frisch, Andrew)
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Filing 48
Minute Entry for proceedings held before Judge John R. Tunheim: Motion Hearing held on 1/30/2023 re #18 MOTION to Dismiss DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED filed by Cargill, Incorporated. Motion taken under advisement. Written order forthcoming. (Court Reporter Kristine Mousseau) (HMA)
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Filing 47
NOTICE by April Brown, James Futrell, Chris Rogers of Correction (Frisch, Andrew)
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Filing 46
NOTICE by April Brown, James Futrell, Chris Rogers of Filing Supplemental Authority of Law (Attachments: #1 Exhibit(s) A -Supplemental Authority)(Frisch, Andrew)
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Filing 45
AMENDED NOTICE of Hearing on Motion: #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED : Motion Hearing set for 1/30/2023 at 02:00 PM in Video Conference (no courtroom) before Judge John R. Tunheim. (Chambers, Terran)
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Filing 44
(Text-Only) CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Dulce J. Foster, this case is reassigned to her. Magistrate Judge Tony N. Leung is no longer assigned to the case. NOTE: the new case number is 22-cv-969 JRT/DJF. Please use this case number for all subsequent filings. Scheduling orders entered before this case was reassigned will remain in effect unless otherwise ordered by the Court. If a previously scheduled proceeding conflicts with an event already on Magistrate Judge Foster's schedule, the parties will be contacted, and a new date and time agreed upon. Magistrate Judge Foster's #practice pointers are available on the Court's website. Please contact Magistrate Judge Foster's chambers, at 651-848-1900, for scheduling or other matters. (ACH)
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Filing 43
(Text-Only) ORDER in Response to #40 Letter to Request Permission to Exceed Word/Line Limits. Defendant is granted an additional 2500 words for its reply in suport of the motion to dismiss. Ordered by Judge John R. Tunheim on 8/23/2022. (HMA)
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Filing 42
Reply to Response to Motion re #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED filed by Cargill, Incorporated. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) A)(Rollins, Samantha)
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Filing 41
LETTER RESPONSE re #40 Letter to Request Permission to Exceed Word/Line Limits. (Parmet, Matthew)
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Filing 40
LETTER to Request Permission to Exceed Word/Line Limits . (Rollins, Samantha)
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Filing 39
(Text-Only) ORDER on #37 Stipulation to Extend Time to File a Reply in Support of Defendant's Motion to Dismiss. Replies due by 8/17/2022. Ordered by Judge John R. Tunheim on 8/10/2022.(HMA)
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Filing 38
PROPOSED ORDER TO JUDGE re #37 Stipulation. (Rollins, Samantha)
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Filing 37
STIPULATION to Extend Time to File a Reply in Support of Defendant's Motion to Dismiss by Cargill, Incorporated. Jointly Signed by James Futrell, April Brown, and Chris Rogers. (Rollins, Samantha)
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Filing 36
(Text-Only) ORDER approving #33 Stipulation re: #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED. Replies due by 8/10/2022. Ordered by Judge John R. Tunheim on 8/4/2022.(HMA)
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Filing 35
(Text-Only) ORDER granting #27 Motion for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED. Responses accepted on 7/27/2022. Ordered by Judge John R. Tunheim on 8/4/2022. (HMA)
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Filing 34
PROPOSED ORDER TO JUDGE re #33 Stipulation. (Rollins, Samantha)
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Filing 33
STIPULATION to Set Defendant's Reply Brief Deadline At August 10, 2022 by Cargill, Incorporated. Jointly Signed by James Futrell, April Brown, and Chris Rogers. (Rollins, Samantha)
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Filing 32
(Text-Only) ORDER granting #28 Motion for Admission Pro Hac Vice of Attorney Andrew Frisch for James Futrell. Approved by Magistrate Judge Tony N. Leung on 7/28/2022. (KMO)
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Filing 31
PROPOSED ORDER TO JUDGE re #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED filed by April Brown, James Futrell, Chris Rogers.(Parmet, Matthew)
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Filing 30
EXHIBIT List re #29 Memorandum in Opposition to Motion, filed by April Brown, James Futrell, Chris Rogers. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Parmet, Matthew)
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Filing 29
MEMORANDUM in Opposition re #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED filed by April Brown, James Futrell, Chris Rogers. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Parmet, Matthew)
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Filing 28
MOTION for Admission Pro Hac Vice for Attorney Andrew Frisch. Filing fee $ 100, receipt number AMNDC-9659610 filed by James Futrell. (Fiebiger, Rolf)
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Filing 27
Second MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED filed by James Futrell. (Hanna, Michael)
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Filing 26
(Text-Only) ORDER granting #25 Motion for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM. Responses due by 7/20/2022. Replies due by 8/3/2022. Ordered by Judge John R. Tunheim on 7/12/2022. (HMA)
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Filing 25
MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss/General DEFENDANTS RULE 12(b)(1) AND 12(b)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED (Unopposed) filed by James Futrell. (Hanna, Michael)
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Filing 24
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re #18 MOTION to Dismiss/General Within 30 days of the motion being decided, Plaintiff shall contact the chambers of Magistrate Judge Tony Leung, by letter or e-mail, for the purpose of scheduling the pretrial conference. Signed by Magistrate Judge Tony N. Leung on 6/22/2022. (HAM) Modified text on 6/22/2022 (ACH).
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Filing 23
MEET and CONFER STATEMENT re #18 Motion to Dismiss/General, filed by Cargill, Incorporated.(Rollins, Samantha)
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Filing 22
PROPOSED ORDER TO JUDGE re #18 MOTION to Dismiss/General filed by Cargill, Incorporated.(Rollins, Samantha) Modified text on 6/22/2022 (ACH).
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Filing 21
Declaration of Carla Bettencourt in Support of #18 MOTION to Dismiss/General filed by Cargill, Incorporated. (Attachments: #1 Exhibit(s) A thru K, #2 Exhibit(s) L thru V)(Rollins, Samantha) Modified text on 6/22/2022 (ACH).
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Filing 20
MEMORANDUM in Support re #18 MOTION to Dismiss/General filed by Cargill, Incorporated. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rollins, Samantha) Modified text on 6/22/2022 (ACH).
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Filing 19
NOTICE OF HEARING ON MOTION #18 MOTION to Dismiss/General : Date and time to be determined. (Rollins, Samantha) Modified text on 6/22/2022 (ACH).
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Filing 18
MOTION to Dismiss/General #17 AMENDED COMPLAINT filed by Cargill, Incorporated. (Rollins, Samantha) Modified text/links on 6/22/2022 (ACH).
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Filing 17
AMENDED COMPLAINT (First) against Cargill, Incorporated. filed by James Futrell, April Brown, Chris Rogers. No summons requested. (Parmet, Matthew)
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Filing 16
NOTICE of Appearance by Samantha Rollins on behalf of Cargill, Incorporated. (Rollins, Samantha)
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Filing 15
NOTICE by April Brown, James Futrell of Filing Consent (Attachments: #1 Exhibit(s) 1 - Consent)(Parmet, Matthew)
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Filing 14
ORDER on #12 Stipulation. Cargill, Incorporated answer due 6/6/2022. Signed by Magistrate Judge Tony N. Leung on 5/5/2022. (HAM)
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Filing 13
PROPOSED ORDER TO JUDGE re #12 Stipulation. (Chambers, Terran)
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Filing 12
STIPULATION by Cargill, Incorporated. Jointly Signed by James Futrell, April Brown, and All Others Similarly Situated. (Chambers, Terran)
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Filing 11
RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Cargill, Incorporated. (Chambers, Terran)
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Filing 10
NOTICE by April Brown, James Futrell of Filing Consent (Attachments: #1 Exhibit(s) 1 - Consent, #2 Exhibit(s) 2 - Consent, #3 Exhibit(s) 3 - Consent, #4 Exhibit(s) 4 - Consent)(Parmet, Matthew)
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Filing 9
SUMMONS Returned Executed by James Futrell, April Brown. Cargill, Incorporated served on 4/18/2022, answer due 5/9/2022. (Fiebiger, Rolf)
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Filing 8
NOTICE of Appearance by Terran C. Chambers on behalf of Cargill, Incorporated. (Chambers, Terran)
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Filing 7
(Text-Only) ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Michael N Hanna for April Brown and James Futrell. Approved by Magistrate Judge Tony N. Leung on 4/18/2022. (ABR)
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Filing 6
(Text-Only) ORDER granting #2 Motion for Admission Pro Hac Vice of Attorney Matthew Scott Parmet for April Brown and for James Futrell. Approved by Magistrate Judge Tony N. Leung on 4/18/2022. (JGK)
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Filing 5
MOTION for Admission Pro Hac Vice for Attorney Michael N. Hanna. Filing fee $ 100, receipt number AMNDC-9453508 filed by April Brown, James Futrell. (Fiebiger, Rolf)
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Filing 4
Summons Issued as to Cargill, Incorporated. (MMG)
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Filing 3
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John R. Tunheim per 3rd/4th Master list, referred to Magistrate Judge Tony N. Leung. Please use case number 22-cv-969 JRT/TNL. (MMG)
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Filing 2
MOTION for Admission Pro Hac Vice for Attorney Matthew Scott Parmet. Filing fee $ 100, receipt number AMNDC-9450881 filed by April Brown, James Futrell. (Fiebiger, Rolf)
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Filing 1
COMPLAINT against Cargill, Incorporated (filing fee $ 402, receipt number AMNDC-9450819) filed by James Futrell, April Brown. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Fiebiger, Rolf)
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