Baldwin v. Compass Group USA, Inc.
| Brian Baldwin |
| Compass Group USA, Inc. doing business as Canteen |
| 3:2023cv00821 |
| November 30, 2023 |
| US District Court for the Western District of North Carolina |
| Robert J Conrad |
| David Keesler |
| Frank D Whitney |
| Contract: Other |
| Both |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #50 Motion for Leave to Appear Pro Hac Vice added Kenn Brotman for Compass Group USA, Inc. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/13/23. (mga)
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| Filing 50 MOTION for Leave to Appear Pro Hac Vice as to Kenn Brotman Filing fee $ 300, receipt number ANCWDC-6329211. by Compass Group USA, Inc.. (McClurg, Daniel). Motions referred to David Keesler. |
| Notice to Kenn Brotman: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 12/20/2023. (mga) |
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Filing 49
ORDER granting #43 Motion for Leave to Appear Pro Hac Vice added Joseph C. Wylie, II for Compass Group USA, Inc. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/10/2023. (brl)
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Filing 48
ORDER granting #42 Motion for Leave to Appear Pro Hac Vice added Paul W. Sweeney, Jr for Compass Group USA, Inc. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/10/2023. (brl)
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Filing 47
ORDER granting #41 Motion for Leave to Appear Pro Hac Vice added Nicole C Mueller for Compass Group USA, Inc. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/10/2023. (brl)
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Filing 46
ORDER granting #38 Motion for Leave to Appear Pro Hac Vice added Michael Anthony Jenkins for Brian Baldwin. Signed by US Magistrate Judge David Keesler on 12/10/23. (mga)
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Filing 45
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice added Richard S. Cornfeld for Brian Baldwin. Signed by US Magistrate Judge David Keesler on 12/10/23. (mga)
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Filing 44
ORDER granting #36 Motion for Leave to Appear Pro Hac Vice added Mickel M. Arias for Brian Baldwin. Signed by US Magistrate Judge David Keesler on 12/10/23. (mga)
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| Notice to Paul W. Sweeney, Jr.: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 12/18/2023. (brl) |
| Notice to Nicole C. Mueller: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 12/18/2023. (brl) |
| Notice to Joseph C. Wylie, II: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 12/18/2023. (brl) |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice as to Joseph C. Wylie, II Filing fee $ 300, receipt number ANCWDC-6324770. by Compass Group USA, Inc.. (Reschly, Marla). Motions referred to David Keesler. |
| Filing 42 MOTION for Leave to Appear Pro Hac Vice as to Paul W. Sweeney, Jr. Filing fee $ 300, receipt number ANCWDC-6324769. by Compass Group USA, Inc.. (Reschly, Marla). Motions referred to David Keesler. |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice as to Nicole C. Mueller Filing fee $ 300, receipt number ANCWDC-6324765. by Compass Group USA, Inc.. (Reschly, Marla). Motions referred to David Keesler. |
| Filing 40 NOTICE of Appearance by Daniel Drew McClurg on behalf of Compass Group USA, Inc. (McClurg, Daniel) |
| Filing 39 NOTICE of Appearance by Marla Tun Reschly on behalf of Compass Group USA, Inc. (Reschly, Marla) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice as to Michael Anthony Jenkins Filing fee $ 300, receipt number ANCWDC-6323084. by Brian Baldwin. (Rhine, Joel). Motions referred to David Keesler. |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice as to Richard S. Cornfeld Filing fee $ 300, receipt number ANCWDC-6323083. by Brian Baldwin. (Rhine, Joel). Motions referred to David Keesler. |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice as to Mickel M. Arias Filing fee $ 300, receipt number ANCWDC-6323082. by Brian Baldwin. (Rhine, Joel). Motions referred to David Keesler. |
| Filing 35 NOTICE of Appearance by Joel R. Rhine on behalf of Brian Baldwin (Rhine, Joel) (Main Document 35 replaced on 12/6/2023) (mdp). |
| Filing 34 NOTICE of Appearance by Martin A. Ramey on behalf of All Plaintiffs (Ramey, Martin) (Main Document 34 replaced on 12/6/2023) (mdp). |
| Case reassigned to Senior Judge Robert J. Conrad, Jr. District Judge Frank D. Whitney no longer assigned to the case due to conflict. This is your only notice - you will not receive a separate document.(thh) |
| Filing 33 Case transferred in from District of Missouri Eastern; Case Number 4:23-cv-00568. Original electronic file and docket sheet received. |
| Case assigned to District Judge Frank D. Whitney and US Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (rth) |
| Notice to Graham Lee Newman, Mark Dale Chappell, Michael Anthony Jenkins, Joseph C. Wylie: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 12/8/2023. (rth) |
| Cases associated: Create association to 3:23-cv-00818-FDW-DCK. (rth) |
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Filing 32
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the parties' consent motions to consolidate, Docs. 228, 231, are GRANTED. IT IS FURTHER ORDERED that Baldwin v. Compass Group USA, Inc., No. 4:23-cv- 00568-JAR, and Borrero v. Compass Group USA, Inc., No. 4:23-cv-00586-RLW, are consolidated with Moore v. Compass Group USA, Inc., No. 4:18-cv-01962-SEP. IT IS FURTHER ORDERED that henceforth all pleading and other documents in Baldwin and Borrero shall be filed in Moore v. Compass Group USA, Inc., No. 4:18-cv-01962- SEP. See E.D. Mo. L.R. 4.03 ("Following consolidation, all documents shall be filed only in the lowest-numbered case[.]"). IT IS FURTHER ORDERED that all deadlines in Baldwin and Borrero are vacated. IT IS FURTHER ORDERED that Jaye et al. v. Crane Merchandising Systems Inc et al., No. 4:20-cv-00266-SEP, is deconsolidated from Moore v. Compass Group USA, Inc., No. 4:18-cv-01962-SEP, and DISMISSED without prejudice. See Doc. 239 at 20. A separate Order of Dismissal accompanies this Memorandum and Order. IT IS FURTHER ORDERED that the Clerk of Court transfer this case and the consolidated cases, Jilek v. Compass Group USA, Inc. et al., No. 4:19-cv-03335- SEP, Baldwin v. Compass Group USA, Inc., No. 4:23-cv-00568-SEP, and Borrero v. Compass Group USA, Inc., No. 4:23-cv-00586-SEP, to the United States District Court for the Western District of North Carolina. See 28 U.S.C. 1404(a). IT IS FURTHER ORDERED that Plaintiff Jilek's Motion for Leave to File Supplemental Response to Court Order of June 15, 2023, Doc. 249, is GRANTED. IT IS FINALLY ORDERED that Plaintiff's Motion for Leave to Amend, Doc. 250, is DENIED without prejudice to refiling in light of this Memorandum and Order. Signed by District Judge Sarah E. Pitlyk on 11/15/2023. (KXS) [Transferred from Missouri Eastern on 12/1/2023.]
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| Filing 31 DISCLOSURE STATEMENT by Brian Baldwin. No corporate parents or affiliates identified. (Jenkins, Michael) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 30 Electronic Notice re: Disclosure Statement to Plaintiff Brian Baldwin. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (LNJ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 29 AMENDED DISCLOSURE STATEMENT by Compass Group USA, Inc... (Wylie, Joseph) Modified on 8/15/2023 (CBL). [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 28 NOTICE of Filing Deficiency re #26 Disclosure Statement filed by Defendant Compass Group USA, Inc.. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) but, did not identify the name and citizenship of every individual or entity whose citizenship is attributed to that party or intervenor, including all members, sub-members, general and limited partners, and corporations. The Disclosure Statement must be refiled. (CBL) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 27 Docket Text ORDER: Re: #25 MOTION for Leave to Withdraw as Counsel for Defendant Compass Group USA, Inc. (Tara C. Sullivan) by Defendant Compass Group USA, Inc.; ORDERED GRANTED. (Attorney Tara Cloer Sullivan terminated.) Signed by Sr. District Judge John A. Ross on 8/11/2023. (LNJ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 26 DISCLOSURE STATEMENT by Compass Group USA, Inc., Compass Group PLC, A. Anthony LLC, Foodbuy, LLC, Levy Restaurant Limited Partnership, Food Fleet Inc, Hudson Yards Catering LLC, Thompson Hospitality Services LLC.. (Wylie, Joseph) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 25 MOTION for Leave to Withdraw as Counsel for Defendant Compass Group USA, Inc. (Tara C. Sullivan) by Defendant Compass Group USA, Inc.. (Wylie, Joseph) [Transferred from Missouri Eastern on 12/1/2023.] |
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Filing 24
Docket Text ORDER: Re: #22 MOTION for Leave to Appear Pro Hac Vice Michael Anthony Jenkins; ORDERED GRANTED. Signed by District Judge John A. Ross on 8/3/2023. (LNJ) [Transferred from Missouri Eastern on 12/1/2023.]
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| Filing 23 Electronic Notice re: Disclosure Statement to Defendant Compass Group USA, Inc. - SECOND NOTICE. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (LNJ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Michael Anthony Jenkins. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10083646) by Plaintiff Brian Baldwin. (Attachments: #1 Certificate of Good Standing)(Jenkins, Michael) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 21 Electronic Notice re: Disclosure Statement to Defendant Compass Group USA, Inc. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (JAB) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 20 ENTRY of Appearance by Joseph C. Wylie, II for Defendant Compass Group USA, Inc.. (Wylie, Joseph) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 19 NOTICE of Filing of Motion to consolidated by Defendant Compass Group USA, Inc. with case number 18-cv-01962 (Attachments: #1 Exhibit A)(Wylie, Joseph) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 18 Case transferred in from District of South Carolina; Case Number 5:22-cv-03644. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. [Transferred from Missouri Eastern on 12/1/2023.] |
| Case Opening Notification. Judge Assigned: Honorable John A. Ross. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 16 TEXT ORDER: The #15 Motion to Change Venue is granted and this action is hereby transferred to the United States District Court for the Eastern District of Missouri. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 4/28/2023.(cbru, ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 15 Consent MOTION to Change Venue by Compass Group USA, Inc.. Response to Motion due by 5/12/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Sullivan, Tara) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 14 TEXT ORDER: The Court has reviewed the parties' #13 stipulation. A transfer of venue should be sought via motion, not stipulation. Therefore, the parties shall file a joint/consent motion to transfer venue no later than April 28, 2023. IT IS SO ORDERED. (Motion to Transfer due by 4/28/2023) Signed by Honorable Mary Geiger Lewis on 4/26/2023. (cbru, ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 13 JOINT STIPULATION by Compass Group USA, Inc.. (Sullivan, Tara) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 12 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 3/23/2023. (cbru, ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 11 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 4/26/2023, Motions to Amend Pleadings due by 5/22/2023, Plaintiff ID of Expert Witness due by 6/21/2023, Defendant ID of Expert Witnesses Due by 7/21/2023, Records Custodian Affidavit due by 7/21/2023, Discovery due by 9/19/2023, Motion in Limine due by 1/2/2024, Motions due by 10/4/2023, Rule 26(a)(3) Disclosures due by 12/18/2023, Jury Selection Deadline 1/23/2024, Mediation Due by 10/4/2023. Signed by Honorable Mary Geiger Lewis on 3/23/2023. (cbru, ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 10 Local Rule 26.01 Answers to Interrogatories by Compass Group USA, Inc..(Sullivan, Tara) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 9 ANSWER to #1 Complaint by Compass Group USA, Inc..(Sullivan, Tara) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Brian Baldwin. (Newman, Graham) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 7 WAIVER OF SERVICE by Brian Baldwin. Compass Group USA, Inc. waiver executed on 1/20/2023, answer due 3/21/2023. (Attachments: #1 Executed Waiver of Service)(Newman, Graham) Modified to edit text on 1/24/2023 (cbru, ). [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 6 STATUS REPORT Regarding Service by Brian Baldwin. (Newman, Graham) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 5 TEXT ORDER: Plaintiff has failed to file proof that the complaint has been served despite the pendency of this action for more than 90 days. See FRCP 4(c), 4(m). Plaintiff has, likewise, failed to comply with Local Civil Rule 4.01 which requires Plaintiff to inform the court of such non-service and the reasons for the non-service. Finally, Plaintiff has failed to comply with instructions from the Clerk's office to correct this deficiency. The Court, therefore, directs Plaintiff to show cause why this matter should not be dismissed without prejudice for failure of service. Plaintiff shall respond to this order no later than January 31, 2023. FAILURE TO RESPOND TO THIS ORDER BY THAT DEADLINE SHALL RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE. (Show Cause Response due by 1/31/2023) Signed by Honorable Mary Geiger Lewis on 1/24/2023. (cbru, ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 4 Summons Issued as to Compass Group USA, Inc. (cbru, ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Brian Baldwin.(cbru, ) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 1 COMPLAINT against Compass Group USA, Inc. (Filing fee $402 receipt number ASCDC-10759031) filed by Brian Baldwin. Service due by 1/18/2023(cbru, ) (Main Document 1 replaced on 10/21/2022) (cbru, ). [Transferred from Missouri Eastern on 12/1/2023.] |
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