Hembree v. 3-D Oil Field Services & Rental, L.L.C.
Plaintiff: Robert Hembree
Defendant: 3-D Oil Field Services & Rental, L.L.C.
Case Number: 2:2020cv00343
Filed: April 16, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: Robert C Brack
Referring Judge: Gregory J Fouratt
2 Judge: Carmen E Garza
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 7, 2021 Opinion or Order Filing 45 ORDER by Sr. District Judge Robert C. Brack Granting #44 Stipulation of Dismissal filed by Robert Hembree (jjs)
July 2, 2021 Opinion or Order Filing 44 STIPULATION of Dismissal With Prejudice by Robert Hembree (Josephson, Michael)
June 16, 2021 Opinion or Order Filing 43 ORDER to Submit Closing Documents by Chief Magistrate Judge Carmen E. Garza. Closing documents due 7/16/21. The #42 Telephonic Status Conference currently set for 6/22/21, at 1:30 is vacated. (crc)
June 4, 2021 Opinion or Order Filing 42 ORDER Setting Telephonic Status Conference for 6/22/2021, at 1:30 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter access code 7467959, to be connected to the proceedings.] (crc)
April 19, 2021 Opinion or Order Filing 41 NOTICE of Appearance by Rachael Rustmann on behalf of Robert Hembree (Rustmann, Rachael)
April 19, 2021 Opinion or Order Filing 40 NOTICE by Robert Hembree of Withdrawal of Consent of Jason Nunez (Josephson, Michael)
April 15, 2021 Opinion or Order Filing 39 Clerk's Minutes for proceedings held before Chief Magistrate Judge Carmen E. Garza: Status Conference held on 4/14/2021. (crc)
March 2, 2021 Opinion or Order Filing 38 NOTICE by Robert Hembree of Filing Notice of Consent (Josephson, Michael)
March 1, 2021 Opinion or Order Filing 37 NOTICE of Hearing: Jury Selection and Trial set for 06/20/2022, through 06/22/2022, (approximately three (3) days), at 09:00 AM in Las Cruces - 440 Guadalupe Courtroom (North Tower) before Sr. District Judge Robert C. Brack. (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 1, 2021 Opinion or Order Filing 36 NOTICE of Hearing: Final Pretrial Conference set for 05/20/2022, at 08:30 AM, in Las Cruces - 440 Guadalupe Courtroom (North Tower) - before Sr. District Judge Robert C. Brack. (Counsel may appear telephonically for all Pretrial Conferences by using ATT Conference Number: 888-557-8511; and Access Code: 8270258. Please call Judge Brack's Chambers two (2) weeks prior to your scheduled hearing indicating your preference to appear telephonically). (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 1, 2021 Opinion or Order Filing 35 NOTICE of Hearing: Initial Pretrial Conference set for 04/22/2022, at 08:30 AM, in Las Cruces - 440 Guadalupe Courtroom (North Tower) - before Sr. District Judge Robert C. Brack. (Counsel may appear telephonically for all Pretrial Conferences by using ATT Conference Number: 888-557-8511; and Access Code: 8270258. Please call Judge Brack's Chambers two (2) weeks prior to your scheduled hearing indicating your preference to appear telephonically). (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 26, 2021 Opinion or Order Filing 34 NOTICE by Robert Hembree Filing Notice of Consent (Josephson, Michael)
February 24, 2021 Opinion or Order Filing 33 ORDER Setting Telephonic Status Conference for 4/14/2021, at 2:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter access code 7467959, to be connected to the proceedings.] (crc)
February 24, 2021 Opinion or Order Filing 32 SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Phase II discovery due by 7/23/2021. Dispositive motions due by 8/23/2021. Proposed Pretrial Order due to the Court by 10/22/2021. (crc)
February 24, 2021 Opinion or Order Filing 31 Clerk's Minutes for proceedings held before Chief Magistrate Judge Carmen E. Garza: Scheduling Conference held on 2/24/2021. (crc)
February 3, 2021 Opinion or Order Filing 30 ORDER by Chief Magistrate Judge Carmen E. Garza granting #29 Joint Motion to Reset Second Initial Scheduling Conference. The Telephonic Rule 16 Scheduling Conference previously set for 2/9/2021 is set for 2/23/2021 at 2:30 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.] (crc)
February 3, 2021 Opinion or Order Filing 29 Joint MOTION to Reschedule Scheduling Conference re #22 Initial Scheduling Order, by 3-D Oil Field Services & Rental, L.L.C.. (Temple, Mark)
February 3, 2021 Opinion or Order Telephonic Rule 16(c) Hearing set for 2/23/2021 at 02:30 PM in Las Cruces - Telephonic Hearing/Conference before Chief Magistrate Judge Carmen E. Garza. (crc)
February 2, 2021 Opinion or Order Filing 28 NOTICE by Robert Hembree Filing Notice of Consent (Josephson, Michael)
January 28, 2021 Opinion or Order Filing 27 NOTICE by Robert Hembree Filing Notice of Consent (Josephson, Michael)
January 28, 2021 Opinion or Order Filing 26 Joint Status Report and Provisional Discovery Plan by 3-D Oil Field Services & Rental, L.L.C. (Temple, Mark)
January 25, 2021 Opinion or Order Filing 25 NOTICE by Robert Hembree Filing Notice of Consent (Josephson, Michael)
December 31, 2020 Opinion or Order Filing 24 NOTICE of Appearance by Paul Michael Knettel on behalf of 3-D Oil Field Services & Rental, L.L.C. (Knettel, Paul)
December 29, 2020 Opinion or Order Filing 23 NOTICE of Appearance by Peter Justin Stuhldreher on behalf of 3-D Oil Field Services & Rental, L.L.C. (Stuhldreher, Peter)
December 24, 2020 Opinion or Order Filing 22 SECOND INITIAL SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Joint Status Report due by 2/2/2021. A Telephonic Rule 16 Scheduling Conference is set for 2/9/2021 at 2:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.] (crc)
December 23, 2020 Opinion or Order Filing 21 MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack GRANTING #20 Joint MOTION to Certify Class . (yc)
December 14, 2020 Opinion or Order Filing 20 Joint MOTION to Certify Class by Robert Hembree. (Attachments: #1 Exhibit) (Josephson, Michael)
November 5, 2020 Opinion or Order Filing 19 NOTICE of Appearance by Andrew W Dunlap on behalf of Robert Hembree (Dunlap, Andrew)
September 16, 2020 Opinion or Order Filing 18 ORDER ADOPTING JOINT STATUS REPORT by Chief Magistrate Judge Carmen E. Garza. (crc)
September 16, 2020 Opinion or Order Filing 17 SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Discovery on issues of conditional certification of collective action and certification of class action due by 12/14/2020. Plaintiff's Motion for Conditional Certification of Collective Action and Certification of Class Action due by 1/13/2021. (crc)
September 15, 2020 Opinion or Order Filing 16 Clerk's Minutes for proceedings held before Chief Magistrate Judge Carmen E. Garza: Scheduling Conference held on 9/15/2020. (crc)
September 10, 2020 Opinion or Order Filing 15 AMENDED Joint Status Report and Provisional Discovery Plan by 3-D Oil Field Services & Rental, L.L.C. (Temple, Mark) Modified text on 9/11/2020 (bc).
September 9, 2020 Opinion or Order Filing 14 AMENDED INITIAL SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. A Joint Status Report is due by 9/11/2020. A Telephonic Rule 16 Scheduling Conference is set for 9/15/2020 at 2:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.] (crc)
September 8, 2020 Opinion or Order Filing 13 Clerk's Minutes for proceedings held before Chief Magistrate Judge Carmen E. Garza: Initial Scheduling Conference held on 9/8/2020. (crc)
September 4, 2020 Opinion or Order Filing 12 NOTICE by 3-D Oil Field Services & Rental, L.L.C. Certificate of Service for Defendant's Initial Disclosures (Temple, Mark)
September 1, 2020 Opinion or Order Filing 11 STATUS REPORT and Provisional Discovery Plan by 3-D Oil Field Services & Rental, L.L.C. (Temple, Mark)
August 27, 2020 Opinion or Order Filing 10 PLEASE TAKE NOTICE that this case has been reassigned to United States Sr. District Judge Robert C. Brack as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
August 11, 2020 Opinion or Order Filing 9 ORDER Quashing #4 Order to Show Cause by Chief Magistrate Judge Carmen E. Garza. (ag)
August 10, 2020 Opinion or Order Filing 8 RESPONSE re #4 Order to Show Cause filed by Robert Hembree. (Attachments: #1 Exhibit 1 - Original Service Affidavit, #2 Exhibit 2 - SOS Notice Letter, #3 Exhibit 3 - Revised Service Affidavit) (Burke, Michael)
August 5, 2020 Opinion or Order Filing 7 INITIAL SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. A Joint Status Report is due by 9/1/2020. A Telephonic Rule 16 Scheduling Conference is set for 9/8/2020 at 2:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.] Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 8/26/2020. (ag)
August 4, 2020 Opinion or Order Filing 6 Corporate Disclosure Statement by 3-D Oil Field Services & Rental, L.L.C. (Temple, Mark)
August 4, 2020 Opinion or Order Filing 5 ANSWER to #1 Complaint by 3-D Oil Field Services & Rental, L.L.C.. Related document: #1 Complaint filed by Robert Hembree.(Temple, Mark)
July 27, 2020 Opinion or Order Filing 4 ORDER TO SHOW CAUSE by Chief Magistrate Judge Carmen E. Garza. Show Cause Response due by 8/10/2020. (ag)
April 26, 2020 Opinion or Order Filing 3 NOTICE of Appearance by Michael A Josephson on behalf of Robert Hembree (Josephson, Michael)
April 20, 2020 Opinion or Order Summons Issued as to 3-D Oil Field Services & Rental, L.L.C.. (jg)
April 16, 2020 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
April 16, 2020 Opinion or Order Filing 1 COMPLAINT against 3-D Oil Field Services & Rental, L.L.C. ( Filing Fee - Online Payment), filed by Robert Hembree. (Attachments: #1 Civil Cover Sheet)(Burke, Michael)
April 16, 2020 Opinion or Order Filing and Administrative Fees Received: $ 400 receipt number 1084-7078648 re #1 Complaint filed by Robert Hembree (Payment made via Pay.gov)(Burke, Michael)
April 16, 2020 Opinion or Order United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Carmen E. Garza assigned. (jg)

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Plaintiff: Robert Hembree
Represented By: Richard Burch
Represented By: Michael K. Burke
Represented By: Michael A Josephson
Represented By: Andrew W Dunlap
Represented By: Rachael Rustmann
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Defendant: 3-D Oil Field Services & Rental, L.L.C.
Represented By: Peter Justin Stuhldreher
Represented By: Mark D. Temple
Represented By: Paul Michael Knettel
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