Johnson v PHP of NC, INC. et al
| Michael Johnson |
| PHP of NC, Inc. and Justine Wiggins |
| 5:2023cv00462 |
| August 21, 2023 |
| US District Court for the Eastern District of North Carolina |
| Robert B Jones |
| Richard E Myers |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
ORDER: IT IS ORDERED that the deadline to submit a status report and proposed discovery plan be extended: (i) if the Court denies the motion for conditional certification, until 30 days from the date of that Order; or (ii) if the Court grants Plaintiffs' motion for conditional certification, until 30 days from the close of any opt-in period. Signed by U.S. Magistrate Judge Robert B. Jones, Jr. on 10/16/2023. (McNally, Kimberly)
|
| Document Referred: #29 Joint Rule 26(f) Report referred to U.S. Magistrate Judge Robert B. Jones, Jr. (McNally, Kimberly) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #28 Consent MOTION for Extension of Time to File Response as to #27 MOTION to Certify Class (Collective Action) and Approve Notice. (McNally, Kimberly) |
| TEXT ORDER granting Defendants' Consent Motion for Extension of Time #28 . For good cause shown, it is ordered that Defendants have up to and including November 3, 2023, within which to respond to Plaintiff's Motion to Certify Class #27 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/12/2023. (Hockaday, A.) |
| Filing 31 Financial Disclosure Statement by PHP of NC, Inc. (Smith, Charlotte) |
| Filing 30 ANSWER to #26 Amended Complaint by PHP of NC, Inc., Justine Wiggins. (Smith, Charlotte) |
| Filing 29 Rule 26(f) Report (joint) filed by PHP of NC, Inc., Justine Wiggins. (Attachments: #1 Text of Proposed Order Proposed Order) (Smith, Charlotte) |
| Filing 28 Consent MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Certify Class (Collective Action) and Approve Notice filed by PHP of NC, Inc., Justine Wiggins. (Attachments: #1 Text of Proposed Order Proposed Order) (Smith, Charlotte) |
| Notice to Counsel regarding: #27 Motion to Certify Class. In future filings, counsel should file a motion and memorandum in support at separate docket entries, using the appropriate events for each. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. (McNally, Kimberly) |
| Filing 27 MOTION to Certify Class (Collective Action) and Approve Notice filed by Michael Johnson. (Attachments: #1 Memorandum in Support, #2 Ex A - Dec of Johnson, #3 Ex B - Dec of Faulkner, #4 Ex C - Dec of Howze, #5 Ex D - Dec of Kyle, #6 Ex E - Notification, #7 Ex F - Time Sheets, #8 Ex G - Pay Stubs, #9 Ex H - Meeting Texts, #10 Ex I - Addendum Contracts, #11 Ex J - Notice, #12 Ex K - Envelope, #13 Ex L - Email, #14 Ex M - Text, #15 Ex N- Reminder, #16 Proposed Order) (Brady, Scott) |
| Filing 26 FIRST AMENDED COMPLAINT against PHP of NC, Inc. and Justine Wiggins, filed by Michael Johnson. (McNally, Kimberly) |
|
Filing 25
ORDER granting #22 Motion for Leave to File Amended Complaint and denying as moot #18 Motion to Dismiss for Failure to State a Claim. Signed by Chief U.S. District Judge Richard E. Myers II on 9/27/2023. (McNally, Kimberly)
|
| Motions Submitted to Chief U.S. District Judge Richard E. Myers II regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #22 MOTION for Leave to File Amended Complaint. (McNally, Kimberly) |
| Filing 24 Exhibit A - Plaintiff Consent Form, filed by Michael Johnson regarding #22 MOTION for Leave to File Amended Complaint - Exhibit A (Brady, Scott) Modified on 9/19/2023 to clarify docket text (McNally, Kimberly). |
| Filing 23 Red-lined Complaint, filed by Michael Johnson regarding #22 MOTION for Leave to File Amended Complaint (Brady, Scott) Modified on 9/19/2023 to clarify docket text (McNally, Kimberly). |
| Filing 22 MOTION for Leave to File Amended Complaint filed by Michael Johnson. (Attachments: #1 Proposed Order, #2 Proposed Amended Complaint) (Brady, Scott) |
| NOTICE OF DEFICIENCY regarding #22 Motion for Leave to File. The proposed amended complaint should be accompanied by a red-lined version indicating in what respect it differs from the pleading in which it amends. On or before 9/18/2023, counsel is directed to file a red-lined version of the amended complaint. (McNally, Kimberly) |
|
Filing 21
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 8/30/2023. (McNally, Kimberly)
|
| Filing 20 Defendants' ANSWER to #1 Complaint, Defendants' Answer to Plantiff's Collective and Class Complaint by PHP of NC, Inc., Justine Wiggins. (Smith, Charlotte) |
| Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PHP of NC, Inc., Justine Wiggins. (Attachments: #1 Exhibit Shavin v Precision Order) (Smith, Charlotte) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PHP of NC, Inc., Justine Wiggins. (Smith, Charlotte) |
| Filing 17 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 16 Case transferred in from District of North Carolina Middle. Case Number 1:23-cv-00477. Transfer order and docket sheet obtained from transferring district. |
|
Filing 15
ORDER signed by MAG/JUDGE L. PATRICK AULD on 08/21/2023. UPON CONSIDERATION of Defendants' Consent Motion to Transfer Pursuant to 28 U.S.C. 1404(A) and to Stay or Extend Deadline to File Answer or Otherwise Respond to Plaintiff's Complaint, the Court GRANTS the Motion upon the grounds stated therein and hereby transfers this action to the United States District Court for the Eastern District of North Carolina. The Court further ORDERS Defendants shall file an answer or otherwise responsive pleading to Plaintiff's complaint within seven (7) of this matter appearing on the docket for the Eastern District of North Carolina. (Taylor, Abby) [Transferred from North Carolina Middle on 8/22/2023.]
|
| Motion Referred: RE: #13 Consent MOTION to Transfer Case Pursuant to 28 USC 1404(a) and to Stay or Extend Deadline to File Answer or Otherwise Respond to Plaintiff's Complaint, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 14 MEMORANDUM filed by Defendants PHP OF NC, INC., JUSTINE WIGGINS re #13 Consent MOTION to Transfer Case Pursuant to 28 USC 1404(a) and to Stay or Extend Deadline to File Answer or Otherwise Respond to Plaintiff's Complaint filed by PHP OF NC, INC., JUSTINE WIGGINS. (Attachments: #1 Exhibit Ex 1 - Declaration of Gloria Kearney)(SMITH, CHARLOTTE) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 13 Consent MOTION to Transfer Case Pursuant to 28 USC 1404(a) and to Stay or Extend Deadline to File Answer or Otherwise Respond to Plaintiff's Complaint by PHP OF NC, INC., JUSTINE WIGGINS. Response to Motion due by 9/6/2023 (Attachments: #1 Text of Proposed Order)(SMITH, CHARLOTTE) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 12 NOTICE by MICHAEL JOHNSON of Filing Consent Form (BOHRER, PHILIP) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 11 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by PHP OF NC, INC., JUSTINE WIGGINS. (Attachments: #1 Text of Proposed Order) (RAY, MICHAEL) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 10 NOTICE of Attorney Appearance by attorney MICHAEL D. RAY on behalf of Defendants PHP OF NC, INC., JUSTINE WIGGINS (RAY, MICHAEL) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 9 NOTICE of Attorney Appearance by attorney CHARLOTTE C. SMITH on behalf of Defendants PHP OF NC, INC., JUSTINE WIGGINS (SMITH, CHARLOTTE) [Transferred from North Carolina Middle on 8/22/2023.] |
|
ORDER granting #11 Motion for Extension of Time to Answer for PHP OF NC, INC. and JUSTINE WIGGINS. Answer due by 8/17/2023. Signed by John Brubaker, Clerk of Court, on 7/17/2023. (Brubaker, John) [Transferred from North Carolina Middle on 8/22/2023.]
|
| Filing 8 AFFIDAVIT OF SERVICE as to All Defendants. (Attachments: #1 Exhibit Exhibit A)(KINSLEY, BRIAN) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 7 NOTICE of Special Appearance by attorney SCOTT E. BRADY on behalf of Plaintiff MICHAEL JOHNSON ( Filing fee $ 25 receipt number ANCMDC-3591507.) (BRADY, SCOTT) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 6 NOTICE of Special Appearance by attorney PHILIP BOHRER on behalf of Plaintiff MICHAEL JOHNSON ( Filing fee $ 25 receipt number ANCMDC-3591502.) (BOHRER, PHILIP) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 5 NOTICE by MICHAEL JOHNSON re #1 Complaint, Filing Consent Form for Tyrell Howze (Attachments: #1 Exhibit Consent form for Tyrell Howze)(KINSLEY, BRIAN) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 4 NOTICE by MICHAEL JOHNSON re #1 Complaint, Notice of Filing Consent Form for Charles Faulkner (KINSLEY, BRIAN) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 3 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Bowers, Alexis) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 2 Summons Issued as to PHP OF NC, INC.. (Bowers, Alexis) [Transferred from North Carolina Middle on 8/22/2023.] |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Bowers, Alexis) [Transferred from North Carolina Middle on 8/22/2023.] |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis) [Transferred from North Carolina Middle on 8/22/2023.] |
| Filing 1 COMPLAINT- Collective and Class Action against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3585796.), filed by Michael Johnson. (Attachments: #1 Exhibit Plaintiff Consent Form)(KINSLEY, BRIAN) Modified on 6/15/2023 to complete caption. (Bowers, Alexis). [Transferred from North Carolina Middle on 8/22/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
