THOMPSON v. DURHAM FOODS, INC.
| JERAMIE THOMPSON |
| DURHAM FOODS, INC. doing business as ZAXBYS RESTAURANTS |
| 1:2022cv01087 |
| December 14, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| LORETTA C BIGGS |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 11 NOTICE of Special Appearance by attorney JOSEPH RUSS BRYANT on behalf of Plaintiff JERAMIE THOMPSON ( Filing fee $ 25 receipt number ANCMDC-3488698.) (BRYANT, JOSEPH) |
| Filing 10 ENTRY OF DEFAULT. This matter comes before the undersigned Clerk of Court upon the Honorable L. Patrick Auld's Text Order entered January 27, 2023, which directs the Clerk to enter default against Defendant DURHAM FOODS, INC. doing business as ZAXBYS RESTAURANTS. THEREFORE, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and order of U.S. Magistrate Judge L. Patrick Auld, default is hereby entered against Defendant DURHAM FOODS, INC. doing business as ZAXBYS RESTAURANTS. Signed by John S. Brubaker, Clerk of Court on 01/30/2023. (Taylor, Abby) |
| Filing 9 RESPONSE re #8 Letter filed by JERAMIE THOMPSON. Replies due by 2/10/2023 (MORELLI, ROBERT) |
| TEXT ORDER (A) directing the Clerk to enter a default against Defendant under Federal Rule of Civil Procedure 55(a), in light of the Proof of Service attached to #6 Summons and #7 Summons, as well as the contents of #9 Response, (B) directing the Clerk to mail a copy of this Text Order and the Entry of Default to Defendant, addressed in the same manner as #6 Summons and #7 Summons, (C) requiring Defendant to file any motion to set aside the entry of default under Federal Rule of Civil Procedure 55(c) by 03/28/2023, and (D) requiring Plaintiff, in the absence of a timely motion by Defendant to set aside the entry of default, to file any motion for entry of a default judgment by 04/04/2023. Failure by Plaintiff to comply with this Text Order shall constitute grounds for dismissal of this action for failure to prosecute. Issued by MAG/JUDGE L. PATRICK AULD on 01/27/2023. (AULD, L.) |
| Filing 8 Letter to counsel for Plaintiff as to Defendant Durham Foods, Inc., re Answer due 1/13/2023. (Blay, Debbie) |
| Filing 7 SUMMONS Returned Executed by JERAMIE THOMPSON as to DURHAM FOODS, INC. served on 12/23/2022, answer due 1/13/2023. (MORELLI, ROBERT) |
| Filing 6 SUMMONS Returned Executed by JERAMIE THOMPSON as to DURHAM FOODS, INC. served on 12/23/2022, answer due 1/13/2023. (MORELLI, ROBERT) |
| Filing 5 NOTICE of Special Appearance by attorney ROBERT E. MORELLI, III on behalf of Plaintiff JERAMIE THOMPSON ( Filing fee $ 25 receipt number ANCMDC-3460334.) (MORELLI, ROBERT) |
| Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Carter, Alexus) |
| Filing 3 Summons Issued as to DURHAM FOODS, INC.. (Carter, Alexus) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| 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. (Carter, Alexus) |
| Filing 2 NOTICE of Attorney Appearance by attorney KARL S. GWALTNEY on behalf of Plaintiff JERAMIE THOMPSON (GWALTNEY, KARL) |
| Filing 1 COMPLAINT FLSA Collective Action and JURY DEMANDED against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3449165.), filed by JERAMIE THOMPSON. (Attachments: #1 Exhibit A - Notice of Consent to Join)(GWALTNEY, KARL) Modified on 12/14/2022 to include full title of document. (Carter, Alexus). |
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| Plaintiff: JERAMIE THOMPSON | |
| Represented By: | KARL S. GWALTNEY |
| Represented By: | JOSEPH RUSS BRYANT |
| Represented By: | ROBERT E. MORELLI, III |
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| Defendant: DURHAM FOODS, INC. doing business as ZAXBYS RESTAURANTS | |
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