Jenkins v. Bit Fry Game Studios, Inc.
| Cole Jenkins |
| Bit Fry Game Studios, Inc. |
| 1:2020cv01157 |
| December 3, 2020 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 MOTION for Summary Judgment [Partial] filed by Bit Fry Game Studios, Inc..Follow up on Objection on 7/5/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law iso Motion for Partial Summary Judgment, #2 Declaration of Chris Mate, #3 Declaration of Michele E. Kenney, #4 Exhibit A to Kenney Dec. - Jenkins Dep., #5 Exhibit B to Kenney Dec. - Jenkins Exh. 4, #6 Exhibit C to Kenney Dec. - Jenkins Exh. 5, #7 Exhibit D to Kenney Dec. - Freidlin Dep., #8 Exhibit E to Kenney Dec. - Jenkins Exh. 6, #9 Exhibit F to Kenney Dec. - Jenkins Exh. 7, #10 Exhibit G to Kenney Dec. - Jenkins Exh. 8)(Kenney, Michele) |
ENDORSED ORDER granting #18 Joint Assentd to Motion to Extend Time [Joint Motion to Extend Certain Deadlines Established in the Court's February 17, 2022 Order]. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
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| Filing 18 Joint Assented to MOTION to Extend Time [Joint Motion to Extend Certain Deadlines Established in the Court's February 17, 2022 Order] filed by Bit Fry Game Studios, Inc.. (Attachments: #1 Attachment to Motion to Extend)(Kenney, Michele) |
| NOTICE of ECF Filing Error re: #18 Joint Assented to MOTION to Extend Time [Joint Motion to Extend Certain Deadlines Established in the Court's February 17, 2022 Order] filed by Bit Fry Game Studios, Inc. Filer used the wrong event. Filer should have used Motion to Continue and Extend Deadlines. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. (js) |
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ENDORSED ORDER RE #17 Joint Statement Regarding Discovery. Text of Order: Reviewed. Upon review of the representations made by counsel in their joint statement, the court understands that there are no current or anticipated discovery disputes, that discovery is expected to close as scheduled. The parties shall notify the court promptly if there is any change in case status that may result in a request to extend deadlines or continue trial and request case management conference, as may be appropriate. So Ordered by Magistrate Judge Andrea K. Johnstone.(js)
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| Filing 17 Joint Statement Regarding Discovery by Bit Fry Game Studios, Inc.(Kenney, Michele) |
| Clerk's Notice - No Joint Statement Filed. The parties are directed to file a joint statement regarding the status of discovery within 24 hours of this notice. (js) |
| TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 9/7/2022 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 8/24/2022 02:30 PM before Judge Paul J. Barbadoro. Pretrial Statements due 8/8/2022. JERS Statement due 8/8/2022. LR 16.2(d) Objections due 8/22/2022. (js) |
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ENDORSED ORDER granting #16 Assented to Motion to Continue and Extend Deadlines [Extend Certain Established in the Court's July 12, 2021 Scheduling Order and Trial]. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. (js)
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| Filing 16 Joint Assented to MOTION to Continue and Extend Deadlines [Extend Certain Established in the Court's July 12, 2021 Scheduling Order and Trial] filed by Bit Fry Game Studios, Inc.. (Attachments: #1 Attachment to Motion to Extend Deadlines)(Kenney, Michele) |
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ENDORSED ORDER re #15 Joint Statement Regarding Discovery. Text of Order: In light of the representations made by counsel in their joint statement, the court understands that there are no current or anticipated discovery disputes and that this matter will proceed to trial as scheduled. The parties shall notify the court promptly if there is any change in case status that may result in a request to extend deadlines or continue trial and request case management conference, as may be appropriate. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
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| Filing 15 Joint Statement Regarding Discovery by Cole Jenkins(Sherman, John) |
| Filing 14 Joint Statement Regarding Mediation by Cole Jenkins(Sherman, John) |
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Filing 13
PROTECTIVE ORDER. So Ordered by Judge Paul J. Barbadoro.(vln)
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ENDORSED ORDER granting #12 Motion for Protective Order. Text of Order: Granted. Proposed order shall issue. So Ordered by Judge Paul J. Barbadoro.(vln)
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| Filing 12 Assented to MOTION for Protective Order filed by Bit Fry Game Studios, Inc.. (Attachments: #1 Proposed Order - Proposed Protective Order)(Kenney, Michele) |
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Filing 11
ORDER approving in part #10 Discovery Plan. Length of Trial 3-4 days. Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 2/7/2022. Dispositive Motion Filing Deadline 10/6/2021. Joint Statement regarding the status of discovery due by 12/3/2021. Mediation Follow Up on 12/1/2021. Supplemental Statement Regarding ESI Deadline set for 8/2/2021.(js)
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| TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 6/7/2022 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 5/25/2022 10:00 AM before Judge Paul J. Barbadoro. Pretrial Statements due 5/9/2022. JERS Statement due 5/9/2022. LR 16.2(d) Objections due 5/23/2022. (js) |
| NOTICE OF CANCELLATION: The Pretrial Conference set for 7/8/2021 11:00 AM before Magistrate Judge Andrea K. Johnstone is CANCELLED. Order to issue. (vln) |
| Filing 10 Proposed Discovery Plan filed by Cole Jenkins. (Sherman, John) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 7/8/2021 11:00 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan DUE BY 7/1/2021. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln) |
| Filing 9 ANSWER to Complaint (Notice of Removal) by Bit Fry Game Studios, Inc..(Kenney, Michele) |
| Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held VIA VIDEO CONFERENCE on 5/19/2021 re #3 MOTION to Dismiss for Failure to State a Claim. Motion denied in its entirety without prejudice for reasons stated on the record. Defendant to file answer. Parties to meet and confer and submit a discovery plan for approval by the court.(Court Reporter: Liza Dubois) (Pltfs Atty: John Sherman) (Defts Atty: Michele Kenney)(Total Hearing Time: 1 hour 15 minutes) (js) |
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///ORAL ORDER denying without prejudice #3 Motion to Dismiss for Failure to State a Claim. FLSA claim in Count II withdrawn. Count III withdrawn in its entirety. Remainder of motion denied without prejudice. So Ordered by Judge Paul J. Barbadoro.(js)
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| NOTICE re: #3 MOTION to Dismiss for Failure to State a Claim VIDEO Motion Hearing set for 5/19/2021 10:00 AM before Judge Paul J. Barbadoro.(vln) |
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ENDORSED ORDER granting #8 Motion to Continue Pretrial Conference. Text of Order: The motion to continue (8) is granted and the pretrial conference shall be rescheduled following the court's ruling on the pending motion to dismiss. At that time, the parties shall meet and confer regarding proposed discovery plan deadlines and submit a joint or individual discovery plans consistent with the deadline set by the court. So Ordered by Magistrate Judge Andrea K. Johnstone.(kad)
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| Filing 8 MOTION to Continue Pretrial Conference filed by Bit Fry Game Studios, Inc..Follow up on Objection on 2/11/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kenney, Michele) |
| Filing 7 REPLY to Objection to Motion re #3 MOTION to Dismiss for Failure to State a Claim filed by Bit Fry Game Studios, Inc.. Surreply due by 1/19/2021. (Kenney, Michele) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 2/18/2021 10:00 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan DUE BY 2/11/2021. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln) |
| Filing 6 OBJECTION to #3 MOTION to Dismiss for Failure to State a Claim filed by Cole Jenkins. Follow up on Reply on 1/14/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Sherman, John) |
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ENDORSED ORDER granting #5 Motion to Extend Time to Object/Respond re #3 Motion to Dismiss for Failure to State a Claim,. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(vln)
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| Filing 5 Assented to MOTION to Extend Time to Object/Respond to #3 MOTION to Dismiss for Failure to State a Claim to 01/07/2021 filed by Cole Jenkins.(Sherman, John) |
| Filing 4 Certified Copies of State Court Record. State Court Case No. 218-2020-CV-01138, Rockingham County Superior Court(Kenney, Michele) |
| Filing 3 MOTION to Dismiss for Failure to State a Claim filed by Bit Fry Game Studios, Inc..Follow up on Objection on 12/28/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Declaration of Michele E. Kenney, #3 Exhibit 1 to Declaration of M. Kenney - offer of employment dated 03-27-19)(Kenney, Michele) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (ed) |
| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:20-cv-1157-PB. Please show this number with the judge designation on all future pleadings. (ed) |
| Filing 2 Disclosure Statement by Bit Fry Game Studios, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Kenney, Michele) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Rockingham Superior Court, case number 218-2020-CV-01138 (filing fee $402, receipt number ANHDC-2056027) filed by Bit Fry Game Studios, Inc.. Answer Follow Up on 12/28/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 12/17/2020. (Attachments: #1 Exhibit A - Service of Complaint, #2 Exhibit B- Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(Kenney, Michele) |
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| Defendant: Bit Fry Game Studios, Inc. | |
| Represented By: | Michele E. Kenney |
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| Plaintiff: Cole Jenkins | |
| Represented By: | John P. Sherman |
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