Borrero v. Compass Group USA, Inc.
| Andres Borrero |
| Compass Group USA, Inc. doing business as Canteen |
| 3:2023cv00822 |
| November 30, 2023 |
| US District Court for the Western District of North Carolina |
| Robert J Conrad |
| David Keesler |
| Frank D Whitney |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
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 54
ORDER granting #53 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) (Main Document 54 replaced on 12/13/2023) (mga). NEF regenerated on 12/13/2023 (mga).
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| Filing 53 MOTION for Leave to Appear Pro Hac Vice as to Kenn Brotman Filing fee $ 300, receipt number ANCWDC-6329203. 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 52
ORDER granting #51 Motion for Leave to Appear Pro Hac Vice added Joseph C. Wylie, II for Compass Group USA, Inc. Signed by US Magistrate Judge David Keesler on 12/11/23. (mga)
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| Filing 51 MOTION for Leave to Appear Pro Hac Vice as to Joseph C. Wylie, II Filing fee $ 300, receipt number ANCWDC-6326349. by Compass Group USA, Inc.. (McClurg, Daniel). Motions referred to David Keesler. |
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Filing 50
ORDER denying #46 Motion for Leave to Appear Pro Hac Vice. It appears that Defendant may have intended to seek admission for a different attorney; if so, Defendant may re-file a motion with the correct information. Signed by US Magistrate Judge David Keesler on 12/11/2023. (brl)
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Filing 49
ORDER granting #47 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 48
ORDER granting #45 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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| 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 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) |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice as to Paul W. Sweeney, Jr. Filing fee $ 300, receipt number ANCWDC-6324763. by Compass Group USA, Inc.. (Reschly, Marla). Motions referred to David Keesler. |
| Filing 46 MOTION for Leave to Appear Pro Hac Vice as to Nicole C. Mueller Filing fee $ 300, receipt number ANCWDC-6324760. by Compass Group USA, Inc.. (Reschly, Marla). Motions referred to David Keesler. |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice as to Nicole C Mueller Filing fee $ 300, receipt number ANCWDC-6324758. by Compass Group USA, Inc.. (Reschly, Marla). Motions referred to David Keesler. Modified text on 12/11/2023 (brl). |
| Filing 44 NOTICE of Appearance by Daniel Drew McClurg on behalf of Compass Group USA, Inc. (McClurg, Daniel) |
| Filing 43 NOTICE of Appearance by Marla Tun Reschly on behalf of Compass Group USA, Inc. (Reschly, Marla) |
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Filing 42
ORDER granting #39 Motion for Leave to Appear Pro Hac Vice added Richard S. Cornfeld for Andres Borrero (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/6/2023. (brl)
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Filing 41
ORDER granting #38 Motion for Leave to Appear Pro Hac Vice added Mickel M. Arias for Andres Borrero (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/6/2023. (brl)
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Filing 40
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice added Michael Anthony Jenkins for Andres Borrero (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/6/2023. (brl)
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| Notice to Michael Anthony Jenkins: 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 12/13/2023. (brl) |
| Notice to Richard S. Cornfeld: 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 12/13/2023. (brl) |
| Notice to Mikel M. Arias: 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 12/13/2023. (brl) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice as to Richard S. Cornfeld Filing fee $ 300, receipt number ANCWDC-6319517. by Andres Borrero. (Rhine, Joel). Motions referred to David Keesler. (Main Document 39 replaced on 12/6/2023) (mdp). |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice as to Mikel M. Arias Filing fee $ 300, receipt number ANCWDC-6319515. by Andres Borrero. (Rhine, Joel). Motions referred to David Keesler. |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice as to Michael Anthony Jenkins Filing fee $ 300, receipt number ANCWDC-6319505. by Andres Borrero. (Rhine, Joel). Motions referred to David Keesler. |
| Filing 36 NOTICE of Appearance by Joel R. Rhine on behalf of Andres Borrero (Rhine, Joel) (Main Document 36 replaced on 12/6/2023) (mdp). |
| Filing 35 NOTICE of Appearance by Martin A. Ramey on behalf of All Plaintiffs (Ramey, Martin) |
| 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 34 Case transferred in from District of Missouri Eastern; Case Number 4:23-cv-00586. 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) |
| Cases associated: Create association to 3:23-cv-00818-FDW-DCK. (rth) |
| Notice to Edward H. Zebersky, Kimberly Slaven-Hauth, Anthony Jenkins, Daniel Scott Levy, Mickel M. Arias, Richard S. Cornfeld, Robert Merrill Partain, Jonathan B. Morton, 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) |
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Filing 33
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 32 CJRA ORDER (GJL). Magistrate Judge Stephen R. Welby termed. Case reassigned to District Judge Ronnie L. White and District Judge Ronnie L. White for all further proceedings (JMP) [Transferred from Missouri Eastern on 12/1/2023.] |
| Notice from Clerk instructing Plaintiff Andres Borrero, Defendant Compass Group USA, Inc. to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 9/20/2023. (KJS) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 31 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 30 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, Hudson Yards Catering LLC, Thompson Hospitality Services LLC.. (Wylie, Joseph) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 29 DISCLOSURE STATEMENT by Andres Borrero. No corporate parents or affiliates identified. (Cornfeld, Richard) [Transferred from Missouri Eastern on 12/1/2023.] |
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Filing 28
Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice #27 is GRANTED. So Ordered by Judge Stephen R. Welby on 08/03/23. (MCC) [Transferred from Missouri Eastern on 12/1/2023.]
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice Michael Anthony Jenkins. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10083980) by Plaintiff Andres Borrero. (Attachments: #1 Certificate of Good Standing)(Jenkins, Michael) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 26 Electronic Notice re: Disclosure Statement to Plaintiff Andres Borrero, Defendant Compass Group USA, Inc. - THIRD 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). (KJS) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 25 NOTICE of Filing of Motion to consolidated by Defendant Compass Group USA, Inc. with case number 4:18-CV-01962-SEP (Attachments: #1 Exhibit A)(Wylie, Joseph) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 24 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 23 Electronic Notice re: Disclosure Statement to Plaintiff Andres Borrero, 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). (KJS) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 22 Electronic Notice re: Disclosure Statement to Plaintiff Andres Borrero, 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). (KJS) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 21 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 20 Case transferred in from District of Florida Middle; Case Number 8:22-cv-02407. 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 Stephen R. Welby. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. 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. (JBH) [Transferred from Missouri Eastern on 12/1/2023.] |
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Filing 19
ENDORSED ORDER granting #17 Motion to Change Venue / Transfer Case. Signed by Judge William F. Jung on 5/3/2023. (Jung, William) [Transferred from Missouri Eastern on 12/1/2023.]
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Filing 18
ENDORSED ORDER tranfering case to Eastern District of Missouri. The parties jointly have moved for this transfer, and the Court has examined the motion and find it in order. The Clerk will transfer to E.D. Mo. Signed by Judge William F. Jung on 5/3/2023. (Jung, William) [Transferred from Missouri Eastern on 12/1/2023.]
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| Filing 17 Joint MOTION to Change Venue / Transfer Case by Compass Group USA, Inc. (Attachments: #1 Declaration of Jonathan B. Morton)(Morton, Jonathan) [Transferred from Missouri Eastern on 12/1/2023.] |
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Filing 16
ENDORSED ORDER directing the parties to file a case management report on or before May 12, 2023. Signed by Judge William F. Jung on 5/2/2023. (CCB) [Transferred from Missouri Eastern on 12/1/2023.]
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| Filing 15 CORPORATE disclosure statement re 3 Notice to Counsel of Local Rule 3.03 by Compass Group USA, Inc. (Morton, Jonathan) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 14 ANSWER and affirmative defenses to #1 Complaint by Compass Group USA, Inc. (Morton, Jonathan) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 13 WAIVER of service returned executed on 1/20/23 by Andres Borrero as to Compass Group USA, Inc. (Zebersky, Edward) [Transferred from Missouri Eastern on 12/1/2023.] |
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Filing 12
ENDORSED ORDER directing Plaintiff to file a status report on or before 1/27/2023 regarding the efforts to effect service of process on the Defendant. Signed by Judge William F. Jung on 1/19/2023. (CCB) [Transferred from Missouri Eastern on 12/1/2023.]
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| Filing 11 NOTICE of compliance WITH ORDER GRANTING MOTION TO APPEAR PRO HAC VICE by Andres Borrero (Zebersky, Edward) [Transferred from Missouri Eastern on 12/1/2023.] |
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Filing 10
ORDER granting #9 Motion for Admission of Robert M. Partain to Appear Pro Hac Vice and Attached Designation of Local Counsel. The Clerk of Court is directed to add Robert M. Partain to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Robert M. Partain must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Robert M. Partain must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 10/27/2022. (CBB) [Transferred from Missouri Eastern on 12/1/2023.]
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| Filing 9 MOTION for Robert M. Partain to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20134980 for $150 by Andres Borrero. (Attachments: #1 Exhibit A - Written Designation and Consent to Act as Local Counsel)(Zebersky, Edward) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 8 NOTICE by Andres Borrero of filing Civil Cover Sheet re #1 . (Zebersky, Edward) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 7 NOTICE to counsel Richard Cornfeld, Daniel Levy, Mike Arias, Robert Partain, Anthony Jenkins of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LNR) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 6 NOTICE to counsel Kimberly Slaven-Hauth that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (Previous filed civil cover sheet was incomplete.) (LNR) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 5 NOTICE of Appearance by Edward H. Zebersky on behalf of Andres Borrero. (Zebersky, Edward) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 4 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (CAH) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 3 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (CAH) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Mac R. McCoy. New case number: 8:22-cv-2407-WFJ-MRM. (SJB) [Transferred from Missouri Eastern on 12/1/2023.] |
| Filing 1 COMPLAINT against Compass Group USA, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20113230) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Slaven-Hauth, Kimberly) [Transferred from Missouri Eastern on 12/1/2023.] |
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