Healey v. Copper Penny Rutherfordton, LLC et al
Plaintiff: Dakota Healey
Defendant: Copper Penny Rutherfordton, LLC and Michelle Gref
Case Number: 1:2022cv00254
Filed: December 5, 2022
Court: US District Court for the Western District of North Carolina
Presiding Judge: Max O Cogburn
Referring Judge: W Carleton Metcalf
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2023 Opinion or Order Filing 14 ORDER that the #13 Joint Motion to Stay Proceedings is GRANTED IN PART and 1) the deadline for Defts to file an answer or otherwise respond to Pltf's #1 Complaint; 2) the deadline for Defts to respond to Pltf's #3 Motion for Preliminary Injunction; and 3) the deadline for Defts to respond to Pltf's #6 Motion to Conditionally Certify a Collective Action and Facilitate Notice Pursuant to 29 U.S.C. 216(b) are EXTENDED through and including 3/1/2023. Signed by Magistrate Judge W. Carleton Metcalf on 2/1/2023. (ejb)
February 1, 2023 Reset Deadlines: Copper Penny Rutherfordton, LLC, and Michelle Gref answer(s) due 3/1/2023. Reset Deadlines as to Pltf's #3 MOTION for Preliminary Injunction, and #6 MOTION To Conditionally Certify a Collective Action and Facilitate Notice Pursuant to 29 U.S.C. 216(b). (Defts' Responses due by 3/1/2023), pursuant to #14 Order. (ejb)
January 27, 2023 Filing 13 Joint MOTION to Stay Proceedings by Copper Penny Rutherfordton, LLC, Michelle Gref. Responses due by 2/10/2023 (Fletcher, Murphy). Motions referred to W. Carleton Metcalf.
December 29, 2022 Filing 12 Corporate Disclosure Statement by Copper Penny Rutherfordton, LLC, Michelle Gref. (Fletcher, Murphy)
December 29, 2022 Opinion or Order TEXT-ONLY ORDER granting #11 Motion for Extension of Time re #11 Consent MOTION for Extension of Time to Respond to Complaint, Motion for Preliminary Injunction and Motion to Conditionally Certify a Collective Action and Facilitate Notice Text of Order: For the reasons set forth in the Motion, the Consent Motion for Extension of Time (Doc. 11) is GRANTED, and the deadline for Defendants to file an answer or otherwise respond to Plaintiff's Complaint is EXTENDED by 30 days, through and including January 30, 2023. Additionally, the deadlines for Defendants to respond to Plaintiff's Motion for Preliminary Injunction and Plaintiff's Motion to Conditionally Certify a Collective Action and Facilitate Notice Pursuant to 29 U.S.C. 216(b) are also EXTENDED through and including January 30, 2023. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 12/29/22. (MMC)
December 28, 2022 Filing 11 Consent MOTION for Extension of Time to Respond to Complaint, Motion for Preliminary Injunction and Motion to Conditionally Certify a Collective Action and Facilitate Notice by Copper Penny Rutherfordton, LLC, Michelle Gref. Responses due by 1/11/2023 (Fletcher, Murphy). Motions referred to W. Carleton Metcalf.
December 28, 2022 Filing 10 NOTICE of Appearance by Murphy Horne Fletcher on behalf of All Defendants (Fletcher, Murphy)
December 14, 2022 Filing 9 AFFIDAVIT of Service filed by Dakota Healey. Copper Penny Rutherfordton, LLC served on 12/14/2022, answer due 1/4/2023. (Attachments: #1 Exhibit A - Copper Penny Return Receipt)(Slabosky, Ethan)
December 8, 2022 Filing 8 DECLARATION re #7 Memorandum in Support of Motion, filed by Dakota Healey (Attachments: #1 Exhibit Ex 1 - Photo of Tipping Policy)(Slabosky, Ethan)
December 8, 2022 Filing 7 MEMORANDUM in Support re #6 MOTION To Conditionally Certify a Collective Action and Facilitate Notice Pursuant to 29 U.S.C. 216(b) by Dakota Healey. (Attachments: #1 Exhibit Ex 1 - Proposed Notice, #2 Exhibit Exhibit 2 - Proposed Consent Form)(Slabosky, Ethan)
December 8, 2022 Filing 6 MOTION To Conditionally Certify a Collective Action and Facilitate Notice Pursuant to 29 U.S.C. 216(b) by Dakota Healey. Responses due by 12/22/2022 (Attachments: #1 Proposed Order) (Slabosky, Ethan). Motions referred to W. Carleton Metcalf.
December 7, 2022 Filing 5 DECLARATION of Dakota Healey re #4 Memorandum in Support of Motion filed by Dakota Healey (Attachments: #1 Exhibit Exhibit 1 - Plf's Crew App Message, #2 Exhibit Exhibit 2 - Def's Crew App Message, #3 Exhibit Exhibit 3 - text btwn Plf and Def, #4 Exhibit Exhibit 4 - Photo of tipping policy)(Slabosky, Ethan)
December 7, 2022 Filing 4 MEMORANDUM in Support re #3 MOTION for Preliminary Injunction by Dakota Healey. (Slabosky, Ethan)
December 7, 2022 Filing 3 MOTION for Preliminary Injunction by Dakota Healey. Responses due by 12/21/2022 (Attachments: #1 Proposed Order) (Slabosky, Ethan)
December 5, 2022 Filing 2 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons)(tlj)
December 5, 2022 Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5851858), filed by Dakota Healey. (Attachments: #1 Exhibit Consent to Become Party Plaintiff)(Slabosky, Ethan)
December 5, 2022 NOTICE: Case was filed in wrong division. Case has been copied from 3:22-cv-650 to 1:22-cv-254. Please use 1:22-cv-254 for all future pleadings. (tlj)
December 5, 2022 Case assigned to District Judge Max O. Cogburn, Jr. and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(tlj)

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Plaintiff: Dakota Healey
Represented By: Corey Michael Stanton
Represented By: Ethan Lev Willner Slabosky
Represented By: Philip J. Gibbons, Jr.
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Defendant: Copper Penny Rutherfordton, LLC
Represented By: Murphy Horne Fletcher
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Defendant: Michelle Gref
Represented By: Murphy Horne Fletcher
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