Windheim v. Nineteen Bar, LLC et al
Plaintiff: Joshua Windheim
Defendant: Nineteen Bar, LLC and John Francesco
Case Number: 7:2023cv01039
Filed: May 31, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Referring Judge: Brian S Meyers
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Opinion or Order Filing 13 Defendants' ANSWER to #1 Complaint, with Jury Demand by John Francesco, Nineteen Bar, LLC. (Kromke, Brian)
June 22, 2023 Opinion or Order TEXT ORDER granting Defendants' Motion for Extension of Time to Answer #12 . For good cause shown, it is ordered that Defendants have up to and including July 21, 2023, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 6/22/2023. (Schline, K.)
June 22, 2023 Opinion or Order Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 MOTION for Extension of Time to File Answer. (Mann, Stephanie)
June 21, 2023 Opinion or Order Filing 12 MOTION for Extension of Time to File Answer filed by Nineteen Bar, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Kromke, Brian)
June 21, 2023 Opinion or Order Filing 11 Notice of Appearance filed by Brian J. Kromke on behalf of All Defendants. (Kromke, Brian)
June 14, 2023 Opinion or Order Filing 10 MOTION to Certify Class Plaintiff's Motion for Conditional Certification of FLSA Collective Action Pursuant to 29 U.S.C. 216(b) filed by Joshua Windheim. (Attachments: #1 Exhibit A - Declaration of Joshua Windheim in Support of Motion for Conditional Certification of FLSA Collective Action Pursuant to 29 U.S.C. 216(b), #2 Exhibit B - Notice of Collective Action and Opportunity to Join, #3 Exhibit C - Legal Notice for Posting, #4 Exhibit D - Reminder Notice Cover Page, #5 Text of Proposed Order) (Richards, Jordan)
June 14, 2023 Opinion or Order Filing 9 Notice of Filing Consent to Sue Under Fair Labor Standards Act filed by Joshua Windheim (Attachments: #1 Exhibit A - Consent to Sue Under Fair Labor Standards Act) (Richards, Jordan)
June 14, 2023 Opinion or Order Filing 8 Notice of Special Appearance for non-district by Jordan Lee Richards on behalf of Joshua Windheim. (Richards, Jordan)
June 9, 2023 Opinion or Order NOTICE OF DEFICIENCY regarding #7 Notice of Special Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance. (Mann, Stephanie)
June 8, 2023 Opinion or Order Filing 7 Notice of Special Appearance for non-district by L. Michelle Gessner on behalf of Joshua Windheim. (Gessner, L.)
June 8, 2023 Opinion or Order Filing 6 Affidavit of Service for Complaint, Summons, Notice of Appearance and Financial Disclosures filed by Joshua Windheim served on Nineteen Bar, LLC on June 3, 2023. (Gessner, L.)
June 8, 2023 Opinion or Order Filing 5 Affidavit of Service for Complaint, Summons, Notice of Appearance and Financial Disclosures filed by Joshua Windheim served on John Francesco on June 3, 2023. (Gessner, L.)
June 1, 2023 Opinion or Order Filing 4 Summons Issued as to John Francesco, Nineteen Bar, LLC. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
June 1, 2023 Opinion or Order Notice to Counsel regarding: [1-1] Proposed Summons, [1-2] Proposed Summons, [1-3] Civil Cover Sheet, #2 Notice of Appearance, #3 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the proposed summons, the civil cover sheet, the notice of appearance, and the financial disclosure statement) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
June 1, 2023 Opinion or Order Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, #www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Mann, Stephanie)
May 31, 2023 Opinion or Order Filing 3 Financial Disclosure Statement by Joshua Windheim (Gessner, L.) (Main Document 3 flattened and replaced on 6/28/2023) (Edwards, S.).
May 31, 2023 Opinion or Order Filing 2 Notice of Appearance filed by L. Michelle Gessner on behalf of Joshua Windheim. (Gessner, L.) (Main Document 2 flattened and replaced on 6/28/2023) (Edwards, S.).
May 31, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-7115155.), filed by Joshua Windheim. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Civil Cover Sheet) (Gessner, L.) (Attachments 1, 2, 3 flattened and replaced on 6/28/2023) (Edwards, S.).

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Plaintiff: Joshua Windheim
Represented By: L. Michelle Gessner
Represented By: Jordan Lee Richards
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Defendant: Nineteen Bar, LLC
Represented By: Brian J. Kromke
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Defendant: John Francesco
Represented By: Brian J. Kromke
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