Jamie et al v. Parts Authority LLC et al
| Maurice Headd and Cynthia Cyprian |
| Parts Authority, LLC, Parts Authority Incorporated, Yaron Rosenthal, Larry Browne and Unknown Parties Does 1-20 d/b/a Diligent Delivery Systems, and Does 21-40 |
| 1:2021cv06219 |
| August 10, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Arizona (jca) |
Filing 79
ORDER: It is hereby ORDERED that this case is TRANSFERRED to the United States District Court for the District of Arizona. (Signed by Judge Lorna G. Schofield on 9/30/2021) (jca) Transmission to Office of the Clerk of Court for processing.
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Filing 78
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF PLAINTIFF MAURICE HEADD: Comes now, Plaintiff Maurice Headd, by and through undersigned counsel, pursuant to Federal Rule of Civil Procedure 41(a)(i), and hereby voluntarily dismisses without prejudice his claims in the above-captioned action against all Defendants, without prejudice as to his claims as an opt-in plaintiff and/or putative class member in the related action of Henao v. Parts Authority, LLC, No. 19-10720 (S.D.N.Y.) and with each party to bear its own attorneys fees and costs. Plaintiff Headd's claims are DISMISSED. The Clerk of Court is respectfully directed to terminate Plaintiff Headd as a party in this action. So Ordered. Maurice Headd terminated. (Signed by Judge Lorna G. Schofield on 9/30/2021) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #77 Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 77 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Larry Browne, Parts Authority Incorporated, Parts Authority, LLC, Yaron Rosenthal, Unknown Parties. Document filed by Maurice Headd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Frei-Pearson, Jeremiah) |
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Filing 76
ORDER granting #57 Motion for Mark Alan Potashnick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 75
ORDER: WHEREAS, Plaintiff Headd filed a notice of voluntary dismissal on September 23, 2021; WHEREAS, the notice of voluntary dismissal was flagged as deficient; it is hereby ORDERED that Plaintiff Headd shall cure the deficiency and refile the notice of voluntary dismissal by September 29, 2021. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/28/2021) (mml)
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| Filing 74 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Maurice Headd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Frei-Pearson, Jeremiah) Modified on 9/23/2021 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Frei-Pearson, Jeremiah. RE-FILE Document No. #74 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected;. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against (select names, not all defendants- and attach the correct signed PDF. (dt) |
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Filing 73
ORDER: It is hereby ORDERED that, by September 22, 2021, Plaintiff Headd shall comply with the Order. (Signed by Judge Lorna G. Schofield on 9/20/2021) (ks)
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Filing 72
MEMO ENDORSEMENT on re: #69 Letter filed by Maurice Headd. ENDORSEMENT: Plaintiff Maurice Headd's claims in this case are duplicative of his claims in Henao v. Parts Authority, LLC, No. 19 Civ. 10720. By September 17, 2021, Plaintiff shall file either (1) a notice of voluntary dismissal of his claims in this case without prejudice to his claims in Henao or (2) a letter stating why his claims should not be dismissed from this case. So Ordered. (Signed by Judge Lorna G. Schofield on 9/14/2021) (ate)
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| Filing 71 LETTER addressed to Judge Lorna G. Schofield from Jeremiah Frei-Pearson dated September 13, 2021 re: Transfer of Cynthia Cyprian Claims. Document filed by Cynthia Cyprian, Maurice Headd..(Frei-Pearson, Jeremiah) |
| Filing 70 LETTER addressed to Judge Lorna G. Schofield from Andrew P. Marks dated September 13, 2021 re: Re-Transfer of Cyprian. Document filed by Larry Browne, Parts Authority Incorporated, Parts Authority, LLC, Yaron Rosenthal..(Marks, Andrew) |
| Filing 69 LETTER addressed to Judge Lorna G. Schofield from Jeremiah Frei-Pearson dated September 9, 2021 re: Maurice Headd Opt-In to Henao v Parts Authority, LLC. Document filed by Maurice Headd..(Frei-Pearson, Jeremiah) |
| Filing 68 LETTER addressed to Judge Lorna G. Schofield from Jeremiah Frei-Pearson dated September 9, 2021 re: Cynthia Cyprian Arbitration Agreement. Document filed by Cynthia Cyprian..(Frei-Pearson, Jeremiah) |
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Filing 67
ORDER: It is hereby ORDERED that, by September 9, 2021, Plaintiff Cyprian shall file a letter confirming whether the arbitration agreement located by Defendants is signed by her; it is further ORDERED that, if Plaintiff Cyprian provides that she signed the arbitration agreement, then by September 13, 2021, the parties shall file separate letters stating why Plaintiff Cyprian's claims should not be transferred back to the District of Arizona based on the newly discovered arbitration agreement; it is further ORDERED that Plaintiff Headd shall join Henao as an opt-in Plaintiff, and by September 10, 2021, Plaintiff Headd shall file a letter stating that he has joined Henao. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/8/2021) (cf)
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Filing 66
MEMO ENDORSEMENT on re: #65 Proposed Order for Substitution of Attorney filed by Yaron Rosenthal, Parts Authority, LLC, Parts Authority Incorporated. ENDORSEMENT: The above substitution of attorneys is hereby approved and SO ORDERED. Attorney Sharon P. Stiller for Parts Authority Incorporated,Sharon P. Stiller for Parts Authority, LLC,Sharon P. Stiller for Yaron Rosenthal added. Attorney Emily Dierberg Armstrong and Michelle Ray Matheson terminated. (Signed by Judge Lorna G. Schofield on 9/7/2021) (cf)
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| Filing 65 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Parts Authority Incorporated, Parts Authority, LLC, Yaron Rosenthal. (Attachments: #1 Affidavit of E. Armstrong).(Stiller, Sharon) |
| Filing 64 LETTER addressed to Judge Lorna G. Schofield from Andrew P. Marks dated August 31, 2021 re: Response to Order Dated August 26, 2021. Document filed by Larry Browne, Parts Authority Incorporated, Parts Authority, LLC, Yaron Rosenthal..(Marks, Andrew) |
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Filing 63
MEMO ENDORSEMENT on re: #62 Proposed Order for Substitution of Attorney filed by Larry Browne. ENDORSEMENT: The above substitution of attorneys is hereby approved and SO ORDERED. Attorney Andrew Paul Marks,David Scott Warner for Larry Browne added. Attorney Christopher Michael Mason; Dina Ghassan Aouad and John James Egbert terminated. (Signed by Judge Lorna G. Schofield on 8/27/2021) (ate)
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| Filing 62 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Larry Browne..(Marks, Andrew) |
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Filing 61
MEMO ENDORSEMENT on re: #59 Letter filed by Cynthia Cyprian, Maurice Headd. ENDORSEMENT: Defendants shall file a response to Plaintiffs' proposed next steps, including Plaintiffs' request for a stay, by August 31, 2021. So Ordered. (Signed by Judge Lorna G. Schofield on 8/26/2021) (cf)
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| Filing 60 NOTICE of Substitution of Attorney. Old Attorney: Matheson & Matheson PLC, New Attorney: Abrams Fensterman LLP, Address: Abrams Fensterman, 160 Linden Oaks, Suite E, Rochester, New York, United States 14625, 5852189999. Document filed by Parts Authority Incorporated, Parts Authority, LLC, Yaron Rosenthal. (Attachments: #1 Affidavit Decl. of E. Armstrong).(Stiller, Sharon) |
| Filing 59 LETTER addressed to Judge Lorna G. Schofield from Jeremiah Frei-Pearson dated August 19, 2021 re: Relation to Henao v. Parts Authority, LLC. Document filed by Cynthia Cyprian, Maurice Headd..(Frei-Pearson, Jeremiah) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Mark Alan Potashnick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24923005. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 58
ORDER: WHEREAS, this case has been assigned to me for all purposes; WHEREAS, this case was transferred to the Southern District of New York from the District of Arizona so Plaintiffs could "join the similarly situated plaintiffs in Henao v. Parts Authority LLC, et al., Case No. 19-10720" (Dkt. No. 54). It is hereby ORDERED that, by August 19, 2021, Plaintiffs shall file a letter not to exceed four single-spaced pages (1) explaining whether Plaintiffs are part of the putative FLSA collective in Henao, (2) identifying any reason why this case should not be consolidated with Henao and (3) proposing next steps in light of their responses to the prior questions. Defendants may (but need not) file a response by August 24, 2021. (Signed by Judge Lorna G. Schofield on 8/12/2021) (vfr)
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| Filing 57 MOTION for Mark Alan Potashnick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24923005. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cynthia Cyprian, Maurice Headd. (Attachments: #1 Affidavit Affidavit of Mark Potashnick, #2 Text of Proposed Order Proposed Order on PHV Motion).(Potashnick, Mark) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-10720-LGS-BCM. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| Filing 56 CASE TRANSFERRED IN from the United States District Court - District of Arizona; Case Number: 2:21-cv-00015. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 1:19-cv-10720. (sjo) |
| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Filing 55 CLERK'S JUDGMENT - Pursuant to the Court's order filed July 20, 2021, Judgment is entered as follows: (1) Defendants Northeast Logistics Incorporated, Michigan Logistics Incorporated, and BBB Logistics Incorporated are dismissed for lack of personal jurisdiction under Rule 12(b)(2). (2) Plaintiffs Maurice Headd and Cynthia Cyprian and Claims I and II in their entirety are transferred to the Southern District of New York to join the similarly situated plaintiffs in Henao v. Parts Authority LLC, et al., Case No. 19-70720. (3) Claims III-X are dismissed without prejudice for failure to state a claim under Rule 12(b)(6). Plaintiffs to take nothing and the case is dismissed. (REK) [Transferred from Arizona on 8/10/2021.] |
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Filing 54
ORDER: Diligent Delivery System's Motion to Dismiss or Transfer Venue in Whole or In Part #15 is granted as modified as follows: I. Northeast Logistics, Inc., Michigan Logistics, Inc., and BBB Logistics Inc. are dismissed for lack of personal jurisdiction under Rule 12(b)(2). II. Plaintiffs Maurice Headd and Cynthia Cyprian, and Claims I and II in their entirety will be transferred to the Southern District of New York to join the similarly situated plaintiffs in Henao v. Parts Authority LLC, et al., Case No. 19-10720. The Clerk of Court shall process the transfer upon docketing of this order. III. Claims IIIX are dismissed without prejudice for failure to state a claim under to Rule 12(b)(6). IT IS FURTHER ORDERED that Defendant Yaron Rosenthal and Defendant Larry Browne's Motions to Reconsider (Docs. #51 , #52 ) are denied as moot. IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment accordingly and terminate this action. Signed by Judge Steven P Logan on 7/20/2021. (REK) [Transferred from Arizona on 8/10/2021.]
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| Filing 53 NOTICE of Party Dismissal by Robert Davis, Jr, Randall Gohn, Hugo Jamie. Party Hugo Jamie (for himself and all others similarly situated) terminated. (Frei-Pearson, Jeremiah) [Transferred from Arizona on 8/10/2021.] |
| Filing 52 MOTION for Reconsideration re: #48 Order on Motion to Dismiss/Lack of Jurisdiction by Larry Browne. (Attachments: #1 Exhibit)(Mason, Christopher) [Transferred from Arizona on 8/10/2021.] |
| Filing 51 *MOTION for Reconsideration re: #48 Order by Yaron Rosenthal. (Attachments: #1 Exhibit Armstrong Declaration, #2 Exhibit Rocush Declaration, #3 Text of Proposed Order)(Armstrong, Emily) *Modified to add document link on 7/19/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
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Filing 50
ORDER - IT IS ORDERED that Plaintiff Hugo Jaime will be dismissed with prejudice from this case on July 23, 2021 unless a stipulation to dismiss is filed prior to the dismissal date. See order for complete details. Signed by Judge Steven P Logan on 7/16/21. (SMH) [Transferred from Arizona on 8/10/2021.]
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| Filing 49 NOTICE re: DECISION IN A RELATED MATTER by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated . (Rocush, Erica) [Transferred from Arizona on 8/10/2021.] |
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Filing 48
ORDER: Defendant Yaron Rosenthal's Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2) #17 is denied. Defendant Larry Browne's 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction #19 is denied. Signed by Judge Steven P Logan on 7/02/2021. (REK) [Transferred from Arizona on 8/10/2021.]
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| Filing 47 REPLY to Response to Motion re: #17 MOTION to Dismiss for Lack of Jurisdiction filed by Yaron Rosenthal. (Armstrong, Emily) [Transferred from Arizona on 8/10/2021.] |
| Filing 46 REPLY to Response to Motion re: #19 MOTION to Dismiss for Lack of Jurisdiction 12(b)(2) MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by Larry Browne. (Mason, Christopher) [Transferred from Arizona on 8/10/2021.] |
| Filing 45 REPLY to Response to Motion re: #15 MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue/Transfer Case filed by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Rocush, Erica) [Transferred from Arizona on 8/10/2021.] |
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Filing 44
ORDER that the Stipulation #43 is granted. Defendant Larry Browne shall have until June 15, 2021 to file a Reply to the Motion to Dismiss #19 . Signed by Judge Steven P Logan on 6/08/2021. (REK) [Transferred from Arizona on 8/10/2021.]
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| Filing 43 STIPULATION re: #40 Response in Opposition to Motion STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT LARRY BROWNE TO FILE HIS REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO DISMISS by Larry Browne. (Attachments: #1 Text of Proposed Order)(Mason, Christopher) [Transferred from Arizona on 8/10/2021.] |
| Filing 42 NOTICE TO FILER OF DEFICIENCY re: #41 Declaration filed by Robert Davis, Jr., Randall Gohn, Hugo Jamie. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) [Transferred from Arizona on 8/10/2021.] |
| Filing 41 DECLARATION of Mark Potashnick In Support of Plaintiffs Opposition to All Of The Defendants Motions to Dismiss or Transfer Venue re: #38 Response in Opposition to Motion, #39 Response in Opposition to Motion, #40 Response in Opposition to Motion . filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Silverman, Bradley) [Transferred from Arizona on 8/10/2021.] |
| Filing 40 *RESPONSE to Motion re: #19 MOTION to Dismiss for Lack of Jurisdiction 12(b)(2) MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION Larry Browne filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Silverman, Bradley) *Modified to correct event on 6/2/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
| Filing 39 *RESPONSE to Motion re: #17 MOTION to Dismiss for Lack of Jurisdiction Yaron Rosenthal filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Silverman, Bradley) *Modified to correct event on 6/2/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
| Filing 38 RESPONSE in Opposition re: #15 MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue/Transfer Case filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Silverman, Bradley) [Transferred from Arizona on 8/10/2021.] |
| Filing 37 *Joint MOTION to Consolidate Cases by Dion Humphrey, William Humphrey. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-20-02350-PHX-SMB-CDB,CV-21-0015-SMB-CDB,CV-21-00331-SMB-CDB) (Dow, David) *Modified to request document be refiled to reflect correct case numbers; attorney noticed on 6/1/2021 (LAD). [Transferred from Arizona on 8/10/2021.] |
| Filing 36 AMENDED COMPLAINT against All Defendants filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie.(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
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Filing 35
ORDER denying #33 Motion to Strike and granting #29 Motion to Amend Complaint. Plaintiffs shall file a clean copy of the Second Amended Complaint by 5 p.m. on 5/3/21. The #9 Motion to Certify Class is denied without prejudice and the #16 Motion to Stay is denied as moot. Plaintiffs shall file responses to the pending Motions to Dismiss (Docs. #15 , #17 , #19 ) no later than 6/1/21. Signed by Judge Steven P Logan on 4/29/21. (DXD) [Transferred from Arizona on 8/10/2021.]
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| Filing 34 RESPONSE in Opposition re: #33 MOTION to Strike #32 Reply to Response to Motion for Leave to Amend Complaint / Request to File Sur-Reply in Support of Motion to Dismiss or Transfer filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Text of Proposed Order)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 33 MOTION to Strike #32 Reply to Response to Motion for Leave to Amend Complaint / Request to File Sur-Reply in Support of Motion to Dismiss or Transfer by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Attachments: #1 Text of Proposed Order Order)(Rocush, Erica) [Transferred from Arizona on 8/10/2021.] |
| Filing 32 REPLY to Response to Motion re: #29 MOTION to Amend/Correct #1 Complaint filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 31 RESPONSE in Opposition re: #29 MOTION to Amend/Correct #1 Complaint filed by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Rocush, Erica) [Transferred from Arizona on 8/10/2021.] |
| Filing 30 REPLY to Response to Motion re: #16 MOTION to Stay re: #15 MOTION to Dismiss Case or Transfer Venue in Whole or in Part filed by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Rocush, Erica) [Transferred from Arizona on 8/10/2021.] |
| Filing 29 MOTION to Amend/Correct #1 Complaint by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Jeremiah Frei Pearson ISO Plaintiff's Motion for Leave, #4 Text of Proposed Order)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 28 RESPONSE to Motion re: #16 MOTION to Stay re: #15 MOTION to Dismiss Case or Transfer Venue in Whole or in Part filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Text of Proposed Order)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
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Filing 27
ORDER: Plaintiffs' Motion for Extension of Time for Plaintiff's [sic] to File an Amended Complaint as a Matter of Course and To Hold That Pending Motions to Dismiss and Transfer are Moot #24 is denied in full. Signed by Judge Steven P. Logan on 3/25/2021. (LMR) [Transferred from Arizona on 8/10/2021.]
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| Filing 26 REPLY to Response to Motion re: #24 MOTION for Extension of Time For Plaintiff's to File an Amended Complaint as a Matter of Course and to Hold that Pending Motions to Dismiss and Transfer are Moot filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 25 RESPONSE in Opposition re: #24 MOTION for Extension of Time For Plaintiff's to File an Amended Complaint as a Matter of Course and to Hold that Pending Motions to Dismiss and Transfer are Moot filed by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Rocush, Erica) [Transferred from Arizona on 8/10/2021.] |
| Filing 24 MOTION for Extension of Time For Plaintiff's to File an Amended Complaint as a Matter of Course and to Hold that Pending Motions to Dismiss and Transfer are Moot by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Text of Proposed Order)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
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Filing 23
ORDER: The parties' Stipulation to Extend Briefing #21 is granted. Plaintiffs shall have until March 29, 2021 to file a Response to the Motion to Stay. Signed by Judge Steven P. Logan on 3/9/2021. (LMR) [Transferred from Arizona on 8/10/2021.]
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| Filing 22 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Sean James O'Hara. (O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 21 STIPULATION re: #16 MOTION to Stay re: #15 MOTION to Dismiss Case or Transfer Venue in Whole or in Part by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Text of Proposed Order)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 20 *Joinder re: #15 MOTION to Dismiss for Failure to State a Claim, MOTION to Change Venue/Transfer Case by Defendant Larry Browne. (Mason, Christopher) *Modified to add document link and correct text on 3/4/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction 12(b)(2) MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Larry Browne. (Mason, Christopher) [Transferred from Arizona on 8/10/2021.] |
| Filing 18 Joinder re: #15 MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue/Transfer Case by Defendants Parts Authority Incorporated, Parts Authority LLC, Yaron Rosenthal. (Armstrong, Emily) [Transferred from Arizona on 8/10/2021.] |
| Filing 17 *MOTION to Dismiss for Lack of Jurisdiction by Yaron Rosenthal. (Attachments: #1 Exhibit Ex 1 - 4)(Armstrong, Emily) *Modified to correct filer on 3/4/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
| Remark: Pro hac vice motion(s) granted for Andrew Charles White on behalf of Plaintiff Hugo Jamie. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 8/10/2021.] |
| Filing 16 *MOTION to Stay re: #15 MOTION to Dismiss for Failure to State a Claim, MOTION to Change Venue by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Attachments: #1 Text of Proposed Order Order Granting Motion to Stay)(Rocush, Erica) *Modified text on 3/1/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
| Filing 15 *MOTION to Dismiss for Failure to State a Claim, MOTION to Change Venue by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Tom Baker, #2 Exhibit Exhibit 2 - Declaration of Andy VanHaverbeke, #3 Exhibit Exhibit 3 - Declaration of Jerry Curcio, #4 Exhibit Exhibit 4 - Declaration of Keith Littlefield)(Rocush, Erica). *Added MOTION to Change Venue/Transfer Case and correct motion type on 3/1/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
| Filing 14 NOTICE re: Filing Written Opt-In Consent Forms by Robert Davis, Jr, Randall Gohn, Hugo Jamie . (Attachments: #1 Exhibit A)(Frei-Pearson, Jeremiah) [Transferred from Arizona on 8/10/2021.] |
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Filing 13
ORDER: The parties' Stipulation #12 is granted. Defendants shall have until March 3, 2021, to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Defendants shall have until March 3, 2021 to respond to Plaintiffs' Motion to Conditionally Certify Collective Action. Signed by Judge Steven P. Logan on 2/1/2021. (LMR) [Transferred from Arizona on 8/10/2021.]
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| Remark: Pro hac vice motion(s) granted for Jeremiah Frei-Pearson, Bradley F Silverman on behalf of Plaintiffs Robert Davis, Jr, Randall Gohn, Hugo Jamie. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 8/10/2021.] |
| Filing 12 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT AND CLASS CERTIFICATION BRIEFING by Arizona Logistics Incorporated, BBB Logistics Incorporated, Michigan Logistics Incorporated, Northeast Logistics Incorporated. (Attachments: #1 Text of Proposed Order ORDER GRANTING FIRST STIPULATION TO EXTEND RESPONSE DEADLINE TO PLAINTIFFS' COMPLAINT AND MOTION FOR CLASS CERTIFICATION)(Rocush, Erica) [Transferred from Arizona on 8/10/2021.] |
| Filing 11 *NOTICE of Appearance by Michelle Ray Matheson on behalf of Parts Authority LLC, Yaron Rosenthal, Parts Authority Incorporated. (Matheson, Michelle) *Modified to add additional filer on 2/1/2021 (REK). [Transferred from Arizona on 8/10/2021.] |
| Remark: Out of state attorney Jeremiah Frei-Pearson and Bradley F Silverman terminated as counsel of record for noncompliance with admission procedures; part or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 8/10/2021.] |
| Filing 10 SERVICE EXECUTED filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie: Affidavit of Service re: Summons, Complaint. Civil Cover Sheet, Notice of Case Assigned to Magistrate Judge Parts Authority LLC, Yaron Rosenthal, Northeast Logistics, Parts Authority Inc., Michigan Logistics, Arizona Logistics, BBB Logistics, Inc. served on 1/19/21; Certified Mail served on 1/18/21; Larry Browne served on 1/20/21. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 9 MOTION to Certify Class by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Text of Proposed Order, #2 Affidavit Brea Declaration, #3 Affidavit Grullat Declaration, #4 Affidavit John Billinger Declaration, #5 Affidavit Jones Declaration, #6 Affidavit Santiago Declaration, #7 Affidavit Thompson Declaration, #8 Affidavit Tozin Declaration, #9 Affidavit LaTonya Sims Declaration, #10 Affidavit Martin Williams Jr Declaration, #11 Affidavit Omobowale Avoseh Declaration, #12 Affidavit Urrutia Declaration, #13 Affidavit Gohn Declaration, #14 Affidavit Robert Davis Declaration, #15 Affidavit Rasheem Martin Declaration, #16 Affidavit Hugo Jamie Declaration, #17 Affidavit Bolden Declaration, #18 Affidavit O'Hara Declaration, #19 Affidavit Potashnick Declaration, #20 Affidavit Frei-Pearson Declaration, #21 Exhibit A, #22 Exhibit B, #23 Exhibit C, #24 Exhibit D, #25 Exhibit E, #26 Exhibit F, #27 Exhibit G, #28 Exhibit H, #29 Exhibit I, #30 Exhibit J, #31 Exhibit K, #32 Exhibit L, #33 Exhibit M, #34 Exhibit N, #35 Exhibit O)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
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Filing 8
ORDER: Plaintiff's Motion to Exceed #7 is granted as modified. Plaintiffs will be permitted an additional 5 pages in excess of the page limit provided by LRCiv 7.2(e)(1). Signed by Judge Steven P, Logan on 1/12/2021. (LMR) [Transferred from Arizona on 8/10/2021.]
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| Filing 7 MOTION for Leave to File Excess Pages by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (Attachments: #1 Text of Proposed Order)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
| Filing 6 NOTICE re: of Filing Written Opt-In Consent Forms by Robert Davis, Jr, Randall Gohn, Hugo Jamie . (Attachments: #1 Exhibit A)(O'Hara, Sean) [Transferred from Arizona on 8/10/2021.] |
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Filing 5
PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on April 5, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure See attached Order for complete details. Signed by Judge Steven P. Logan on 1/6/2021. (LMR) [Transferred from Arizona on 8/10/2021.]
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| Remark: Pro hac vice motion(s) granted for Mark Potashnick on behalf of Plaintiffs Robert Davis, Jr, Randall Gohn, Hugo Jamie. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 8/10/2021.] |
| Filing 4 Summons Issued as to Arizona Logistics Incorporated, BBB Logistics Incorporated, Larry Browne, Michigan Logistics Incorporated, Northeast Logistics Incorporated, Parts Authority Incorporated, Parts Authority LLC, Yaron Rosenthal. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 8/10/2021.] |
| Filing 3 Filing fee paid, receipt number 0970-19027760. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-21-00015-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) [Transferred from Arizona on 8/10/2021.] |
| Filing 2 SUMMONS Submitted by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (O'Hara, Sean) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(BAC) [Transferred from Arizona on 8/10/2021.] |
| Filing 1 COMPLAINT. Filing fee received: $402.00, receipt number 0970-19027760 filed by Robert Davis, Jr, Randall Gohn, Hugo Jamie. (O'Hara, Sean) (Attachments: #1 Civil Cover Sheet)(BAC) [Transferred from Arizona on 8/10/2021.] |
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