Perez v. Apex Delivery Solutions, Inc. et al
| Perez and Thomas E. Perez |
| Apex Delivery Solutions, Inc, Apex Delivery Solutions, Inc. and Kevin M. Fienhold |
| 8:2016cv00471 |
| October 18, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F Bataillon |
| Susan M Bazis |
| Thomas D Thalken |
| Labor: Fair Standards |
| 15 U.S.C. § 2 (a) Fair Labor Standards Act |
| None |
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Filing 42
CONSENT JUDGMENT - ORDERED, ADJUDGED AND DECREED, pursuant to section 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.) (hereinafter the "Act" or the "FLSA"), that the Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them are permanently enjoined and restrained from violating the provisions of the Act. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that: Defendants hereby acknowledge and the Court finds that Defendant Apex Delivery Solutions, Inc. is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of section 3(s)(l)(A) of the Act. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, pursuant to section 17 of the Act: Within sixty (60) days from the date this Judgment is entered, Defendants shall pay the sum of $58,576.25, which includes prejudgment interest in the amount of $8,576.25, to the Secretary by delivering a certified or cashier's check made payable to "Wage and Hour - Labor" in the amount $58,576.25. The check shall be sent to the following address: United States Department of Labor, Wage and Hour Division, P.O. Box 2638, Chicago, Illinois 60690-2638. Defendants shall furnish with the check referenced above, a statement showing the following information: Apex Delivery Solutions, Inc.'s federal ID number; the name, social security number, last known address, and last known telephone number of each person listed in Exhibit A. This Consent Judgment and the performance of the terms contained herein resolves the Secretary's investigation of the Defendants with respect to any and all claims for unpaid wages due persons listed in Exhibit A, attached hereto, during the period of September 23, 2013 to September 22, 2015. Nothing in this Judgment precludes the Secretary from conducting future investigations under the FLSA of the Defendants or investigations of any locations owned or operated in whole or part by the Defendants. Further nothing in this Judgment precludes The Secretary from taking appropriate enforcement action hereafter, with respect to any future violations, including, but not limited to, an action under sections 17 and 16(c) for injunctive relief and collection of back wages and liquidated damages, as well as assessment of civil money penalties under section 16(e) of the Act. By consenting to this Judgment, the Defendants do not waive any objections, privileges or defenses which they may have with respect to any future investigation, assessment of civil money penalty, or any action under section 17 and 16(c) of the Act. Each party shall bear their own costs, fees and other expenses incurred by such party in connection with any stage of this proceeding. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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| Filing 41 MOTION for Judgment Entry of Consent Judgment by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez. (Attachments: #1 Exhibit A)(McGinnis, Megan) |
| Filing 40 Certificate of Service of Responses to Plaintiff's Discovery by Attorney Edward F. Pohren on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(Pohren, Edward) |
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Filing 39
ORDER - that Plaintiff's Motion to Compel Responses to Discovery (Filing No. #27 ) is granted. Apex shall provide full and complete responses to Plaintiff's first set of interrogatories and document production requests by March 27, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing 38
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE: the #37 Motion to Amend is granted in part. Deposition Deadline - All depositions, whether or not they are intended to be used at trial, shall be completed by May 4, 2018. The Final Pretrial Conference with the assigned magistrate judge is set for August 29, 2018, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Nebraska. A three (3) day non-jury trial is set to commence, at the Court's call, during the week of September 17, 2018, in Omaha, Nebraska, before the Honorable Senior Judge Joseph F. Bataillon, United States District Judge. Ordered by Magistrate Judge Susan M. Bazis. (ADB)
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| Filing 37 JOINT MOTION to Amend Order on Motion to Continue, #19 by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez.(McGinnis, Megan) |
| Filing 36 NOTICE of Appearance for Defendants, Apex Delivery Solutions, Inc., and Kevin M. Fienhold by Attorney Edward F. Pohren on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold (Pohren, Edward) |
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Filing 35
TEXT ORDER: On the Court's own motion, the Pretrial Conference in this matter is rescheduled from 1:30 p.m. to 10:00 a.m. in Chambers before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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| Filing 34 AUDIO FILE. Court Date & Time [ 12/8/2017 10:01:51 AM ]. File Size [ 2316 KB ]. Run Time [ 00:09:39 ]. (Motion Hearing). (auto-docket). |
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Filing 33
TEXT ORDER granting #21 Motion to Withdraw as Attorney. Following a hearing on this matter, Robert O'Connor is hereby terminated as counsel of record for Defendants. Substitute counsel shall enter an appearance on behalf of Defendants by January 22, 2018. Until such time as substitute counsel enters an appearance, Defendant Kevin Fienhold will be deemed to be proceeding pro se, as to himself only, in this case. Apex Delivery Solutions, Inc. is unrepresented until such time as an attorney enters an appearance on its behalf. Should substitute counsel not appear on behalf of Apex by January 22, 2018, default judgment may be entered against Apex upon Plaintiff's request. A response to the pending Motion to Compel #27 shall be filed by February 5, 2018. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed/e-mailed to pro se party)(LRH)
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| Filing 32 TEXT MINUTE ENTRY for proceedings held in Omaha on 12/08/2017 before Magistrate Judge Susan M. Bazis. Hearing held regarding defendants' counsel's Motion for Leave to Withdraw. Defendant Kevin M. Fienhold is present. Oral argument by the parties. Order forthcoming. Appearance for plaintiff: Megan J. McGinnis, telephonically. Appearance for defendants: Robert E. O'Connor, Jr. Courtroom Deputy: Mary Beth McFarland. Court Reporter: Digital Recorder. Time Start: 10:01 AM; Time Stop: 10:11 AM; Time in Court: 10 Minutes. (MBM) |
| Filing 31 Certificate regarding MOTION to Compel #27 by Attorney Robert E. O'Connor, Jr. on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(O'Connor, Robert) |
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Filing 30
TEXT ORDER granting #29 Plaintiff's Request to Appear Telephonically for Hearing. Plaintiff's counsel is granted leave to appear telephonically for the hearing scheduled to take place on December 8, 2017. Plaintiff's counsel shall contact the undersigned magistrate's courtroom deputy at least one day in advance of the hearing to obtain telephone conferencing instructions. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 29 MOTION to appear telephonically for Motion Hearing by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez.(McGinnis, Megan) |
| Filing 28 Certificate regarding Order on Motion to Continue, 26 , Order Setting Hearing on Motion,,, #22 , MOTION to Withdraw as Attorney For Defendants #21 by Attorney Robert E. O'Connor, Jr. on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(O'Connor, Robert) |
| Filing 27 MOTION to Compel by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez. (Attachments: #1 Exhibit A, #2 Exhibit B)(McGinnis, Megan) |
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Filing 26
TEXT ORDER granting #23 Motion to Continue Hearing on Motion to Withdraw. The hearing on the pending Motion to Withdraw is hereby rescheduled to 12/8/2017, at 10:00 AM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (RMW) Modified on 12/8/2017 to add the word TEXT. (MBM)
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Filing 25
TEXT ORDER - Upon request of the parties, a telephone conference was held to discuss a discovery dispute which has arisen in this case. As discussed during the conference, Plaintiff may file a motion to compel discovery. However, Defendants are under no obligation to respond to the motion until the Court rules on the pending Motion to Withdraw as Counsel #21 . If no motion to compel is filed, the undersigned will address Defendants' failure to provide complete discovery responses at the hearing on the Motion to Withdraw. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 24 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Susan M. Bazis. Telephone Conference held on 11/8/2017. (LRH) |
| Filing 23 MOTION to Continue Hearing on Robert E. O'Connor, Jr.'s Motion to Withdraw by Attorney Robert E. O'Connor, Jr. on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(O'Connor, Robert) |
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Filing 22
ORDER Setting Hearing on MOTION to Withdraw as Attorney For Defendants #21 . Motion Hearing set for 11/28/2017 at 11:00 AM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Susan M. Bazis. Defendants are required to attend the hearing. Robert OConnor, Jr. shall serve a copy of this Order on Defendants at their last known addresses by certified mail, return receipt requested and file a certificate of service showing compliance. The parties are advised that the evidentiary hearing will not be necessary and will be cancelled if Defendants retain substitute counsel and substitute counsel enters a written appearance by the close of business on November 27, 2017. Ordered by Magistrate Judge Susan M. Bazis. (ADB)
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| Filing 21 MOTION to Withdraw as Attorney For Defendants by Attorney Robert E. O'Connor, Jr. on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(O'Connor, Robert) |
| Filing 20 Certificate of Service for Discovery by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez.(McGinnis, Megan) |
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Filing 19
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting #18 Motion to Continue. Final Pretrial Conference set for 5/11/2018 at 01:30 PM in Chambers before Magistrate Judge Susan M. Bazis. A four (4) day Non-Jury Trial set for 5/29/2018 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Magistrate Judge Susan M. Bazis. (ADB)
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| Filing 18 UNOPPOSED MOTION to Continue Progression Order by Attorney Robert E. O'Connor, Jr. on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(O'Connor, Robert) |
| Filing 17 Certificate of service for discovery by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez.(McGinnis, Megan) |
| Filing 16 Certificate of Service For Discovery to Defendants by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez.(McGinnis, Megan) |
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Filing 15
ORDER SETTING SCHEDULE FOR FINAL PROGRESSION OF A CIVIL CASE - Depositions due September 25, 2017. Jury Trial set for 2/5/2018 before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 1/22/2018 at 10:00 AM in Chambers before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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| Filing 14 DISCLOSURE Rule 26(a)(2) by Attorney Robert E. O'Connor, Jr. on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(O'Connor, Robert) |
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Filing 13
INITIAL PROGRESSION ORDER - Counsel for plaintiff shall initiate the planning conference call to the court at 11:00 am on May 4, 2017. Counsel shall notify the undersigned magistrate judge by joint or separate letters by April 3, 2017 addressing mediation requirements. Planning Conference set for 5/4/2017 at 11:00 AM by Telephone before Magistrate Judge Susan M. Bazis.Ordered by Magistrate Judge Susan M. Bazis. (LAC)
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| Filing 12 Certificate of Service of Plaintiff's Initial Disclosures by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez.(McGinnis, Megan) |
| Filing 11 DISCLOSURE 26(a)(1) by Attorney Robert E. O'Connor, Jr. on behalf of Defendants Apex Delivery Solutions, Inc., Kevin M. Fienhold.(O'Connor, Robert) |
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Filing 10
TEXT REASSIGNMENT ORDER - Following Magistrate Judge Thomas D. Thalken's retirement on December 31, 2016, all pending civil and criminal cases previously assigned to Magistrate Thalken are reassigned to Magistrate Judge Susan M. Bazis for judicial supervision and processing of all pretrial matters. Case reassigned to Magistrate Judge Susan M. Bazis. Magistrate Judge Thomas D. Thalken no longer assigned to the case. Ordered by Chief Judge Laurie Smith Camp. (JAB)
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| Filing 9 REPORT of Rule 26(f) Planning Meeting - Settlement Likely by Attorney Megan J. McGinnis on behalf of Plaintiff Thomas E. Perez.(McGinnis, Megan) |
| Filing 8 Amended ANSWER to Complaint by Apex Delivery Solutions, Inc. (O'Connor, Robert) |
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Filing 7
SCHEDULING LETTER setting Rule 26 Meeting Report Deadline for December 30, 2016. Please use the "Form 35 (Rule 26(f)) Report" posted on the court's website, www.ned.uscourts.gov/forms. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 6 ANSWER to Complaint by Apex Delivery Solutions, Inc., Kevin M. Fienhold (O'Connor, Robert) |
| Filing 5 WAIVER OF SERVICE Returned Executed upon defendant Kevin M. Fienhold. Waiver sent on 11/1/2016. (McGinnis, Megan) |
| Filing 4 WAIVER OF SERVICE Returned Executed upon defendant Apex Delivery Solutions, Inc.. Waiver sent on 11/1/2016. (McGinnis, Megan) |
| Filing 3 NOTICE of Appearance by Attorney Ambriel Renn-Scanlan on behalf of Plaintiff Thomas E. Perez (Renn-Scanlan, Ambriel) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken assigned. (LAC) |
| Filing 1 COMPLAINT against All Defendants, by Attorney Megan J. McGinnis on behalf of Thomas E. Perez (Attachments: #1 Civil Cover Sheet)(McGinnis, Megan) |
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