Tuck v. Shroyer et al
| David Tuck |
| Gene Shroyer, US Construction Corporation, US Specialty Corporation and US Shared Services Corporation |
| 1:2022cv00152 |
| May 3, 2022 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| 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 November 30, 2022. A more recent docket listing may be available from PACER.
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ENDORSED ORDER granting #22 Motion to Extend Time to Object/Respond. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Objection on 7/8/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(gla)
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Filing 22
Assented to MOTION to Extend Time to Object/Respond to #21 Response to Motion,, to 07/08/2022 filed by Gene Shroyer, US Construction Corporation, US Shared Services Corporation, US Specialty Corporation.(Johnson, Christopher)
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Filing 21
RESPONSE to Motion re #7 MOTION to Dismiss filed by David Tuck. (Attachments: #1 Exhibit (Affidavit) Declaration of David Tuck, #2 Attachment to Exhibit Ex. A - Office Placard, #3 Attachment to Exhibit Ex. B - Invoices, #4 Attachment to Exhibit Ex. C - Bank Statements, #5 Attachment to Exhibit Ex. D - Purchase and Security Agreement, #6 Attachment to Exhibit Ex. E - Tax Statements, #7 Attachment to Exhibit Ex. F - Payroll Statements, #8 Attachment to Exhibit Ex. G - State Agencies Correspondence, #9 Attachment to Exhibit Ex. H - Contractor Daily Timesheet)(Bednarz, Michael)
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NOTICE of ECF Filing Error - ACTION REQUIRED re: #20 Response to Motion filed by David Tuck. Exhibits or Attachments were added as one PDF document. Filer shall REFILE the main pleading and ALL exhibits in ONE entry as SEPARATE PDF documents with a 5-word description for each separate exhibit as required by Local Rules and enter in the docket text: Replaces document no. 20. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 6/29/2022.(de)
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Filing 20
RESPONSE to Motion re #7 MOTION to Dismiss filed by David Tuck. (Attachments: #1 Exhibit (Affidavit))(Bednarz, Michael)
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Filing 19
NOTICE of Attorney Appearance by Michael Bednarz on behalf of David Tuck Attorney Michael Bednarz added to party David Tuck(pty:pla).(Bednarz, Michael)
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ENDORSED ORDER granting #18 Assented to Motion for Michael A. Bednarz to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
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ENDORSED ORDER granting #17 Assented to Motion to Extend Time to Object/Respond re #7 Motion to Dismiss. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.Follow up on Objection on 6/24/2022. (de)
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Filing 18
Assented to MOTION for Michael A. Bednarz to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2261287.) filed by David Tuck. (Attachments: #1 Exhibit (Affidavit) Exhibit A-Affidavit of Michael A. Bednarz In Support of Assented-To Motion for Admission Pro Hac Vice)(Berluti, Robert)
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Filing 17
Assented to MOTION to Extend Time to Object/Respond to #7 MOTION to Dismiss to June 24, 2022 filed by David Tuck.(Berluti, Robert)
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Filing 16
NOTICE of Attorney Appearance by Christopher Edward Johnson on behalf of US Construction Corporation, US Shared Services Corporation, US Specialty Corporation /s/ Christopher Johnson Attorney Christopher Edward Johnson added to party US Construction Corporation(pty:dft), Attorney Christopher Edward Johnson added to party US Shared Services Corporation(pty:dft), Attorney Christopher Edward Johnson added to party US Specialty Corporation(pty:dft).(Johnson, Christopher)
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Filing 15
NOTICE of Attorney Appearance by John I. Spangler, III on behalf of Gene Shroyer, US Construction Corporation, US Shared Services Corporation, US Specialty Corporation Attorney John I. Spangler, III added to party Gene Shroyer(pty:dft), Attorney John I. Spangler, III added to party US Construction Corporation(pty:dft), Attorney John I. Spangler, III added to party US Shared Services Corporation(pty:dft), Attorney John I. Spangler, III added to party US Specialty Corporation(pty:dft).(Spangler, John)
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Filing 14
NOTICE of Attorney Appearance by Christopher Edward Johnson on behalf of Gene Shroyer /s/ Christopher Johnson Attorney Christopher Edward Johnson added to party Gene Shroyer(pty:dft).(Johnson, Christopher)
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ENDORSED ORDER. Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motion to Dismiss. Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Chief Judge Landya B. McCafferty.(de)
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ENDORSED ORDER granting #12 Motion for John I. Spangler, III to Appear Pro Hac Vice; granting #13 Motion for Christopher E. Johnson to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (gla) Modified on 6/6/2022 to reference appropriate attorney name with motion. (gla).
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Filing 13
Assented to MOTION for Christopher E. Johnson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256147.) filed by Gene Shroyer, US Construction Corporation, US Shared Services Corporation, US Specialty Corporation. (Attachments: #1 Exhibit (Affidavit) Ex. A - Johnson Affidavit)(Bolger, Devin)
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Filing 12
Assented to MOTION for John I. Spangler, III to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256038.) filed by Gene Shroyer, US Construction Corporation, US Shared Services Corporation, US Specialty Corporation. (Attachments: #1 Exhibit (Affidavit) Ex. A - Affidavit of John I. Spangler, III)(Bolger, Devin)
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Filing 11
NOTICE of Attorney Appearance by Devin K. Bolger on behalf of Gene Shroyer, US Construction Corporation, US Shared Services Corporation, US Specialty Corporation (Bolger, Devin)
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Filing 10
Disclosure Statement by US Specialty Corporation disclosing a parent company, no publicly traded company, and no merger agreement. (Bolger, Devin)
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Filing 9
Disclosure Statement by US Shared Services Corporation disclosing a parent company, no publicly traded company, and no merger agreement. (Bolger, Devin)
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Filing 8
Disclosure Statement by US Construction Corporation disclosing a parent company, no publicly traded company, and no merger agreement. (Bolger, Devin)
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Filing 7
MOTION to Dismiss filed by Gene Shroyer, US Construction Corporation, US Shared Services Corporation, US Specialty Corporation. Attorney Devin K. Bolger added to party Gene Shroyer(pty:dft), Attorney Devin K. Bolger added to party US Construction Corporation(pty:dft), Attorney Devin K. Bolger added to party US Shared Services Corporation(pty:dft), Attorney Devin K. Bolger added to party US Specialty Corporation(pty:dft).Follow up on Objection on 6/16/2022. 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, #2 Exhibit (Affidavit) Ex. 1 - Declaration of Gene Shroyer, #3 Attachment to Exhibit Ex. A - Certificate of Authority, #4 Attachment to Exhibit Ex. B - USC 2020 Tax Return, #5 Attachment to Exhibit Ex. C - NW Secretary of State Records, #6 Attachment to Exhibit Ex. D - Tuck LinkedIn Posting, #7 Attachment to Exhibit Ex. E - October Emails, #8 Attachment to Exhibit Ex. F - December Emails, #9 Attachment to Exhibit Ex. G - NH DOL Filings, #10 Attachment to Exhibit Ex. H - Shroyer Complaint, #11 Attachment to Exhibit Ex. I - Tuck Answer and Counterclaim, #12 Attachment to Exhibit Ex. J - Affidavits of Service from Delaware)(Bolger, Devin)
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Filing 6
Return of Service Executed as to Gene Shroyer by David Tuck. Served/Mailed on 5/13/2022. Answer Follow Up on 6/3/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Berluti, Robert)
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Filing 5
Return of Service Executed as to US Specialty Corporation by David Tuck. Served/Mailed on 5/12/2022. Answer Follow Up on 6/2/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Berluti, Robert)
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Filing 4
Return of Service Executed as to US Shared Services Corporation by David Tuck. Served/Mailed on 5/12/2022. Answer Follow Up on 6/2/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Berluti, Robert)
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Filing 3
Return of Service Executed as to US Construction Corporation by David Tuck. Served/Mailed on 5/12/2022. Answer Follow Up on 6/2/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Berluti, Robert)
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Filing 2
Summons(es) issued electronically as to Gene Shroyer, US Construction Corporation, US Shared Services Corporation, US Specialty Corporation. NOTICE: Counsel shall print and serve the summons(es) and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(cmp)
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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. Compliance Deadline set for 6/6/2022.(cmp)
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Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:22-cv-152-LM. Please show this number with the judge designation on all future pleadings. (cmp)
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Filing 1
NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2245067 filed by David Tuck. (Attachments: #1 Civil Cover Sheet)(Berluti, Robert)
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