Scalia v. Unforgettable Coatings, Inc. et al
Plaintiff: Eugene Scalia
Defendant: Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc., Shane Sandall and Shaun McMurray
Case Number: 2:2020cv00510
Filed: March 12, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Kent J Dawson
Referring Judge: Brenda Weksler
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2020 Filing 26 First STIPULATION FOR EXTENSION OF TIME (First Request) TO OPPOSE MOTION TO DISMISS by Plaintiff Eugene Scalia. (Shao, Sonya)
May 1, 2020 Filing 25 MOTION to Dismiss #1 Complaint, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 5/15/2020. Discovery Plan/Scheduling Order due by 6/15/2020. (Trimmer, Paul) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
April 24, 2020 Opinion or Order Filing 24 ORDER Granting #23 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Rick J. Sutherland for Unforgettable Coatings, Inc. and approving Designation of Local Counsel Paul T. Trimmer. Signed by Judge Kent J. Dawson on 4/24/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
April 23, 2020 Filing 23 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rick J. Sutherland and DESIGNATION of Local Counsel Paul T. Trimmer (Filing fee $ 250 receipt number 0978-5978515) by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Trimmer, Paul)
April 23, 2020 Opinion or Order Filing 22 ORDER Granting #5 Motion for Preliminary Injunction. Signed by Judge Kent J. Dawson on 4/23/2020. (Copies have been distributed pursuant to the NEF - MR)
April 23, 2020 Filing 21 TRANSCRIPT of Proceedings, 18 Motion Hearing, held on 04/21/2020, before Judge Kent J. Dawson. Court Reporter: Shayna Montgomery, SM@nvd.uscourts.gov. Any Redaction Request is due by 5/14/2020. Redacted Transcript Deadline is set for 5/24/2020. Release of the Transcript Restriction is set for 7/22/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order form is available on the court website. After that date, it may be obtained through the court reporter or PACER. (SM)
April 22, 2020 Filing 20 DECLARATION of Cory Summerhays re #13 Response,,,,, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit A to Second Declaration of Cory Summeryhays in Support of Defendant's Response to Plaintiff's Motion for Preliminary Injunction, #2 Exhibit B to Second Declaration of Cory Summeryhays in Support of Defendant's Response to Plaintiff's Motion for Preliminary Injunction) (McChrystal, Lynne)
April 22, 2020 Opinion or Order Filing 19 ORDER Granting #16 Stipulation to Extend Time re #1 Complaint (First Request). Defendants answer due 5/1/2020. Signed by Magistrate Judge Brenda Weksler on 4/22/2020. (Copies have been distributed pursuant to the NEF - MR)
April 21, 2020 Filing 18 MINUTES OF PROCEEDINGS - Video Conference Motion Hearing held on 4/21/2020 before Judge Kent J. Dawson. Crtrm Administrator: T. Renfro; Pla Counsel: Sonya Shao, Charles Song, Susan Seletsky; Def Counsel: Paul T. Trimmer, Lynne McChrystal; Court Reporter: Shayna Montgomery; Time of Hearing: 9:07 - 9:53 a.m.; Courtroom: 4A; The Court makes preliminary remarks and hears representations of counsel regarding plaintiff's Motion for Preliminary Injunction #5 . The Court declines to strike the declarations of Ferra and Lama based on the hearsay objection. This matter is taken under advisement. (no image attached) (Copies have been distributed pursuant to the NEF - TR)
April 21, 2020 Filing 17 DECLARATION of John Lama, Teresa Wilde, Rafael Castillo Dubon re #5 Motion for Preliminary Injunction, by Plaintiff Eugene Scalia. (Attachments: #1 Exhibit A to Lama Decl., #2 Declaration of ADD Teresa Wilde, #3 Exhibit A to Wilde - First Dubon Decl., #4 Exhibit B to Wilde - Second Dubon Decl, #5 Certificate of Service) (Shao, Sonya)
April 21, 2020 Filing 16 First STIPULATION To Extend Deadline For Defendants to Respond to Plaintiff's Complaint re #1 Complaint, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (McChrystal, Lynne)
April 21, 2020 Filing 15 ERRATA to #5 Motion for Preliminary Injunction, #4 Motion for TRO, by Plaintiff Eugene Scalia. (Attachments: #1 Declaration (Corrected) of Daryl Davis-Ferra, #2 Declaration (Corrected) of Cristian Cespedes, #3 Certificate of Service) (Song, Charles)
April 20, 2020 Filing 14 REPLY to Response to #5 Motion for Preliminary Injunction, by Plaintiff Eugene Scalia. (Attachments: #1 Declaration of Shao, #2 Declaration of SIA Davis-Ferra, #3 Exhibit A of Davis-Ferra Decl, #4 Exhibit B of Davis-Ferra Decl, #5 Declaration of Rafael Castillo Dubon, #6 Declaration of WHI John Lama, #7 Exhibit A, #8 Proposed Order Proposed PI, #9 Exhibit A to Proposed PI, #10 Certificate of Service) (Shao, Sonya)
April 20, 2020 Filing 13 RESPONSE to #5 Motion for Preliminary Injunction, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 4/27/2020. (Attachments: #1 Exhibit A - Declaration of Cory Summerhays, #2 Exhibit 1 to Declaration of Cory Summerhays, #3 Exhibit 2 to Declaration of Cory Summerhays, #4 Exhibit 3 to Declaration of Cory Summerhays, #5 Exhibit 4 to Declaration of Cory Summerhays, #6 Exhibit 5 to Declaration of Cory Summerhays, #7 Exhibit 6 to Declaration of Cory Summerhays, #8 Exhibit 7 to Declaration of Cory Summerhays, #9 Exhibit 8 to Declaration of Cory Summerhays, #10 Exhibit 9 to Declaration of Cory Summerhays, #11 Exhibit B - Declaration of Justin Swenson, #12 Exhibit 1 to Declaration of Justin Swenson, #13 Exhibit 1 to Declaration of Justin Swenson, #14 Exhibit C - Declaration of Angel Perez, #15 Exhibit D - Declaration of Archi Esteban Romero, #16 Exhibit E - Declaration of Iris Jasmin Martinez, #17 Exhibit F - Declaration of Galia Carrejo, #18 Exhibit 1 to Declaration of Galia Carrejo, #19 Exhibit 2 to Declaration of Galia Carrejo, #20 Exhibit G - Declaration of Soledad Garcia, #21 Exhibit 1 to Declaration of Soledad Garcia, #22 Exhibit H - Translation Comparison Chart, #23 Certificate of Service) (Trimmer, Paul)
April 20, 2020 Filing 12 CLERK'S NOTICE. Attorney Action Required to ECF No. #10 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #10 using the appropriate docket entry title "Response" and link back to the appropriate motion. Document #10 is terminated as filed in error. (no image attached) (DKJ)
April 20, 2020 Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson on 4/20/2020. By Deputy Clerk: Denise Saavedra.Due to the COVID-19 pandemic, and consistent with the recommendations of the CDC to ensure the safety of the community through social distancing, the court has agreed to schedule essential hearings on specific days in order to reduce exposure.IT IS ORDERED that a Video Teleconference (re: Order to show cause) is scheduled 4/21/2020 at 9:00 a.m. in LV Courtroom 4A before Judge Kent J. Dawson.IT IS FURTHER ORDERED that members of the public who want to listen to this hearing must call AT&T no later than (5) minutes prior to the hearing at 1(877) 402-9757, and provide Access Code 3814816. Members of the public are not permitted to speak while listening to this proceeding.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsels staff, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
April 17, 2020 Filing 10 ERROR: Incorrect event selected by attorney. Attorney advised to refile correctly. Document #10 terminated. REPLY to Response to #5 Motion for Preliminary Injunction, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit Declaration of Cory Summerhays, #2 Exhibit 1 to Declaration of Cory Summerhays, #3 Exhibit 2 to Declaration of Cory Summerhays, #4 Exhibit 3 to Declaration of Cory Summerhays, #5 Exhibit 4 to Declaration of Cory Summerhays, #6 Exhibit 5 to Declaration of Cory Summerhays, #7 Exhibit 6 to Declaration of Cory Summerhays, #8 Exhibit 7 to Declaration of Cory Summerhays, #9 Exhibit 8 to Declaration of Cory Summerhays, #10 Exhibit 9 to Declaration of Cory Summerhays, #11 Exhibit B Declaration of Justin Swenson, #12 Exhibit 1 to Declaration of Justin Swenson, #13 Exhibit 2 to Declaration of Justin Swenson, #14 Exhibit C Declaration of Angel Perez, #15 Exhibit D Declaration of Archi Esteban Romenro, #16 Exhibit E Iris Jasmin Martinez, #17 Exhibit F Declaration of Galia Carrejo, #18 Exhibit 1 to Declaration of Galia Carrejo, #19 Exhibit 2 to Declaration of Galia Carrejo, #20 Exhibit G Declaration of Soledad Garcia, #21 Exhibit 1 to Declaration of Soledad Garcia, #22 Exhibit H, #23 Certificate of Service) (Trimmer, Paul)
April 14, 2020 Opinion or Order Filing 9 ORDER granting #7 Motion to Extend Time; Re: #5 Motion for Preliminary Injunction. Responses due by 4/17/2020 4pm. Replies due by 4/20/2020 4pm. Telephonic Motion Hearing reset for 4/21/2020 at 09:00 AM in LV Chambers before Judge Kent J. Dawson. Signed by Judge Kent J. Dawson on 4/14/2020. (Copies have been distributed pursuant to the NEF - JM)
April 14, 2020 Filing 8 NOTICE of Appearance by attorney Charles Song on behalf of Plaintiff Eugene Scalia. (Song, Charles)
April 14, 2020 Filing 7 Emergency MOTION to Extend Time (First Request) re #4 Motion for Temporary Restraining Order #6 Order on Motion for TRO, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit A) (Trimmer, Paul) Modified on 4/14/2020 pursuant to LR IC 2-2(d) (DKJ).
April 8, 2020 Opinion or Order Filing 6 ORDER granting #4 Motion for Temporary Restraining Order; Re: #5 Motion for Preliminary Injunction. Responses due by 4/14/2020 5pm. Replies due by noon 4/16/2020. Telephonic Motion Hearing set for 4/17/2020 at 09:00 AM before Judge Kent J. Dawson by dialing (888) 398-2342: Access Code: 5889655. Signed by Judge Kent J. Dawson on 4/8/2020. (Copies have been distributed pursuant to the NEF - JM)
April 8, 2020 Filing 5 MOTION for Preliminary Injunction by Plaintiff Eugene Scalia. Responses due by 4/22/2020. (Attachments: #1 Declaration Shao, #2 Supplement Memorandum, #3 Exhibit A of Memorandum, #4 Declaration of Cespedes, #5 Exhibit A of Cespedes, #6 Declaration Davis-Ferra, #7 Exhibit A of Davis-Ferra, #8 Exhibit B of Davis-Ferra, #9 Declaration of Lama, #10 Proposed Order PI) (Shao, Sonya)
April 8, 2020 Filing 4 MOTION for Temporary Restraining Order by Plaintiff Eugene Scalia. (Attachments: #1 Declaration of Shao, #2 Supplement Memorandum, #3 Exhibit A of Memorandum, #4 Declaration of Cespedes, #5 Exhibit A of Cespedes, #6 Declaration of Davis-Ferra, #7 Exhibit A of Davis-Ferra, #8 Exhibit B of Davis-Ferra, #9 Declaration of Lama, #10 Proposed Order TRO) (Shao, Sonya)
April 1, 2020 Filing 3 ACCEPTANCE OF SERVICE by All Defendants on 3/31/2020 executed by Eugene Scalia. All Defendants. (Shao, Sonya)
March 12, 2020 Filing 2 Summons Issued as to All Defendants re #1 Complaint. (MR)
March 12, 2020 Case randomly assigned to Judge Kent J. Dawson and Magistrate Judge Brenda Weksler. (MR)
March 12, 2020 Filing 1 First COMPLAINT against All Defendants by Eugene Scalia. Proof of service due by 6/10/2020. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons) (Shao, Sonya) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.

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Defendant: Cory Summerhays
Represented By: Lynne McChrystal
Represented By: Paul T. Trimmer
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Defendant: Unforgettable Coatings of Arizona, LLC
Represented By: Lynne McChrystal
Represented By: Paul T. Trimmer
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Defendant: Unforgettable Coatings of Idaho, LLC
Represented By: Lynne McChrystal
Represented By: Paul T. Trimmer
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Defendant: Unforgettable Coatings of Utah, Inc.
Represented By: Lynne McChrystal
Represented By: Paul T. Trimmer
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Defendant: Unforgettable Coatings, Inc.
Represented By: Lynne McChrystal
Represented By: Rick J. Sutherland
Represented By: Paul T. Trimmer
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Defendant: Shane Sandall
Represented By: Lynne McChrystal
Represented By: Paul T. Trimmer
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Defendant: Shaun McMurray
Represented By: Lynne McChrystal
Represented By: Paul T. Trimmer
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Plaintiff: Eugene Scalia
Represented By: Sonya Shao
Represented By: Charles Song
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