Myers v. Papa Texas, LLC et al
| Luke Myers |
| Papa Texas, LLC, Guillermo Perales, Doe Corporation 1-10, John Doe 1-10, Doe Corporation and John Doe |
| 2:2023cv01096 |
| December 8, 2023 |
| US District Court for the District of New Mexico |
| Jerry H Ritter |
| David H Urias |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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| Filing 18 PLEASE TAKE NOTICE that this case has been reassigned to District Judge David H. Urias 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. Magistrate Judge Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| Filing 17 RESPONSE in Opposition re #11 MOTION to Dismiss and Enforce Settlement Agreement filed by Luke Myers. (Attachments: #1 Exhibit A - Arbitration Agreements, #2 Exhibit B - JWA Demand for Arbitration, #3 Exhibit C - AAA Document, #4 Exhibit D - AAA Employment Fee Schedule, #5 Exhibit E - Email with Initial Signed Agreement, #6 Exhibit F - Email with changes to settlement terms, #7 Exhibit G - 10 25 2023 Revised Release, #8 Exhibit H - Second Executed Settlement Agreement, #9 Exhibit I - Final Exchange, #10 Exhibit J - Third Revised Release, #11 Exhibit K - AAA Request for Employer Share of Fee, #12 Exhibit L - Extension Request, #13 Exhibit M - AAA Correspondence re Second Request, #14 Exhibit N - AAA Closure Notice) (Hubbard, Emily) |
| Filing 16 NOTICE of Appearance by Mekayla Schock on behalf of Papa Texas, LLC (Schock, Mekayla) |
| Filing 15 NOTICE of Appearance by Robert Gentile on behalf of Papa Texas, LLC (Gentile, Robert) |
| Filing 14 NOTICE of Appearance by Elizabeth M. Piazza on behalf of Papa Texas, LLC (Piazza, Elizabeth) |
| Filing 13 CLERK'S MINUTES for telephonic Status Conference held before Magistrate Judge Jerry H. Ritter on January 31, 2024. Attorney Hubbard appeared for Plaintiff. Defense counsel failed to appear despite having notice of the hearing. Plaintiff explained the efforts to date to obtain service on Defendant Perales. The Court will allow another three (3) weeks to perfect service and file proof while anticipating that more than one method may still be needed. If no proof of service is filed by February 21, 2024, the Court will issue an Order to Show Cause why Defendant Perales should not be dismissed for failure to prosecute. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ama) |
| Filing 12 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2) and considering the pending dispositive motion, the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (atc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 11 MOTION to Dismiss and Enforce Settlement Agreement by Papa Texas, LLC. (Attachments: #1 Exhibit Email, #2 Exhibit Demand for Arbitration, #3 Exhibit Agreement, #4 Exhibit Proposed Release, #5 Exhibit Revised Release) (Piazza, Elizabeth) |
| Filing 10 NOTICE by Luke Myers re #6 MOTION to Certify Class for Conditional Certification of FLSA Collective Action Certificate of Conferral (Hubbard, Emily) |
| Filing 9 CERTIFICATE OF SERVICE by Luke Myers re #6 MOTION to Certify Class for Conditional Certification of FLSA Collective Action on Papa Texas, LLC (Attachments: #1 Summons Returned Executed)(Hubbard, Emily) |
Filing 8
ORDER by Magistrate Judge Jerry H. Ritter SETTING a telephonic Status Conference. A Status Conference is hereby set for Wednesday, January 31, 2024, at 10:00 a.m to discuss service of process. Counsel shall call Judge Ritter's AT&T Conference Line: 888-278-0296 (access code: 9998216#) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ama)
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| Filing 7 SUMMONS Returned Executed by Luke Myers. Papa Texas, LLC served on 1/3/2024, answer due 1/24/2024. (Hubbard, Emily) |
| Filing 6 MOTION to Certify Class for Conditional Certification of FLSA Collective Action by Luke Myers. (Attachments: #1 Exhibit 1 - Declaration of Luke Myers, #2 Exhibit 2 - Notice, #3 Exhibit 3 - Email Notice) (Hubbard, Emily) |
| Filing 5 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Luke Myers by Christopher M. Moody on behalf of: Emily A. Hubbard Biller & Kimble, LLC 8044 Montgomery Road, Suite 515Cincinnati, OH 45236 513-202-0710 Fax 614-340-4620 ehubbard@billerkimble.com (Association Dues - Online Payment) (Moody, Christopher)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 4 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Luke Myers by Christopher M. Moody on behalf of: Andrew P. Kimble Biller & Kimble, LLC 8044 Montgomery Road, Suite 515Cincinnati, OH 45236 513-202-0710 Fax 614-340-4620 akimble@billerkimble.com (Association Dues - Online Payment) (Moody, Christopher)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 3 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Luke Myers by Christopher M. Moody on behalf of: Andrew R. Biller Biller & Kimble, LLC 8044 Montgomery Road, Suite 515Cincinnati, OH 45236 513-202-0710 Fax 614-340-4620 abiller@billerkimble.com (Association Dues - Online Payment) (Moody, Christopher)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea 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.] (dr) |
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9127958 re #1 Complaint, filed by Luke Myers (Payment made via Pay.gov)(Moody, Christopher) |
| United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Jerry H. Ritter assigned. (dr) |
| Association Dues Received: $ 100 receipt number ANMDC-9127967 re: # 3 Association of Attorney Licensed Outside the District, filed by Luke Myers (Payment made via Pay.gov)(Moody, Christopher) |
| Association Dues Received: $ 100 receipt number ANMDC-9127987 re: # 4 Association of Attorney Licensed Outside the District, filed by Luke Myers (Payment made via Pay.gov)(Moody, Christopher) |
| Association Dues Received: $ 100 receipt number ANMDC-9127992 re: # 5 Association of Attorney Licensed Outside the District, filed by Luke Myers (Payment made via Pay.gov)(Moody, Christopher) |
| Summons Issued as to Papa Texas, LLC, Guillermo Perales. (dr) |
| Filing 1 COMPLAINT Class & Collective Action against All Defendants ( Filing Fee - Online Payment), filed by Luke Myers. (Attachments: #1 Exhibit 1 - L. Myers FLSA Consent to Joine, #2 Civil Cover Sheet Myers Civil Cover Sheet)(Moody, Christopher) |
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