Boyce et al v. Lowe's Companies, Inc. et al
| Mandy Boyce and Thomas Fyfe |
| Lowe's Companies Inc and Lowe's Home Centers, LLC |
| 5:2020cv00115 |
| August 7, 2020 |
| US District Court for the Western District of North Carolina |
| Kenneth D Bell |
| David S Cayer |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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Filing 34
ORDER OF ADMINISTRATIVE CLOSE-OUT of Member Cases: 5:20-cv-00041, 5:20-cv-00104, 5:20-cv-00105, 5:20-cv-00106, 5:20-cv-00107, 5:20-cv-00108, 5:20-cv-00109, 5:20-cv-00110, 5:20-cv-00111, 5:20-cv-00112, 5:20-cv-00113, 5:20-cv-00114, 5:20-cv-00115, 5:20-cv-00118, 5:20-cv-00119, 5:20-cv-00120, 5:20-cv-00121, 5:20-cv-00122, 5:20-cv-00123. Signed by District Judge Kenneth D. Bell on 8/12/2020. (tmg)
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| Filing 33 Case transferred in from District of West Virginia Southern; Case Number 2:20-cv-00228. Original electronic file and docket sheet received. |
| Filing 32 TRANSFER ORDER, JUDICIAL PANEL ON MDL: certified copy from the Western District of North Carolina transferring this action to the USDC/WDNC for coordinated or consolidated pretrial proceedings. Signed by Karen K. Caldwell, Chair of the Panel on 8/5/2020. (cc: attys) (kew) [Transferred from West Virginia Southern on 8/7/2020.] |
| Case assigned to District Judge Kenneth D. Bell and Magistrate Judge David S. Cayer. This is your only notice - you will not receive a separate document. (tmg) |
| Filing 31 MEMORANDUM by Mandy Boyce, Thomas Fyfe in opposition to #26 MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Dismiss, Stay, or Transfer re: #22 Amended Complaint. (Stoops, Kevin) (Modified on 8/6/2020 to remove link to #27 memorandum in support) (kew). [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 30 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Transfer Order MDL 2947. (kew) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 29 CERTIFICATE OF SERVICE by Mandy Boyce, Thomas Fyfe for Rule 26(a)(1) Initial Disclosures. (Stoops, Kevin) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 28 CERTIFICATE OF SERVICE by Lowe's Companies, Inc., Lowe's Home Centers, LLC for Rule 26(a)(1) Disclosures. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 27 MEMORANDUM by Lowe's Companies, Inc., Lowe's Home Centers, LLC in support of #26 MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Dismiss, Stay, or Transfer re: #22 Amended Complaint. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 26 MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Dismiss, Stay, or Transfer re: #22 Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Affidavit, #11 Affidavit)(Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 25 NOTICE by Lowe's Companies, Inc., Lowe's Home Centers, LLC re: #19 MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Dismiss, Stay, or Transfer re: #1 Complaint and #22 First Amended Complaint. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
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Filing 24
SCHEDULING ORDER: It is ORDERED that the Scheduling Conference previously scheduled for 7/22/2020 is cancelled. This case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/4/2020. Discovery requests to be completed by 5/28/2021, and all depositions by 7/12/2021. Expert Witness List by parties bearing the burden of proof due by 5/13/2021, by party not bearing burden of proof due by 6/14/2021, and to solely contradict or rebut evidence due by 6/28/2021. Dispositive Motions except those filed under Rule 12(b) due by 8/2/2021, with responses due by 8/16/2021, and replies due by 8/23/2021. Hearing on Motions for Summary Judgment set for 9/20/2021 at 10:00 AM in Charleston before Judge Joseph R. Goodwin. Settlement Meeting to be held by 10/4/2021. Motions in Limine to be filed by 10/11/2021, with responses due by 10/18/2021. Plaintiffs' portion of the Proposed Pretrial Order due to defendants by 10/6/2021. Proposed Integrated Pretrial Order due by 10/13/2021. Pretrial Conference set for 10/25/2021 at 10:00 AM in Charleston before Judge Joseph R. Goodwin. Proposed Jury Instructions due by 11/8/2021. Final Settlement Conference at 09:00 AM on 11/15/2021 in Charleston. Jury Trial set for 11/16/2021 at 08:30 AM in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 7/9/2020. (cc: counsel of record and any unrepresented parties) (arb) [Transferred from West Virginia Southern on 8/7/2020.]
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| Filing 23 RULE 26(f) REPORT OF PLANNING MEETING by Lowe's Companies, Inc., Lowe's Home Centers, LLC, Mandy Boyce, Thomas Fyfe. (Attachment: #1 Exhibit 1)(Hurney, Grace) (Modified on 7/9/2020 to add party filers) (kew). [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 22 FIRST AMENDED CLASS ACTION COMPLAINT by Thomas Fyfe, Mandy Boyce against Lowe's Companies, Inc., Lowe's Home Centers, LLC. (kew) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 21 MEMORANDUM by Mandy Boyce, Thomas Fyfe in opposition to #19 MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Dismiss, Stay, or Transfer re: #1 Complaint. (Stoops, Kevin) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 20 MEMORANDUM by Lowe's Companies, Inc., Lowe's Home Centers, LLC in support of #19 MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Dismiss, Stay, or Transfer re: #1 Complaint. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 19 MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Dismiss, Stay, or Transfer re: #1 Complaint. (Attachments: #1 Declaration of Schwartz, #2 Declaration of Spears, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 18 STATEMENT OF VISITING ATTORNEY from David A. Schnitzer on behalf of Lowe's Home Centers, LLC, Lowe's Companies, Inc. Local counsel: Jill E. Hall. Fee $50.00. Receipt # AWVSDC-7646356. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 17 STATEMENT OF VISITING ATTORNEY from Jason C. Schwartz on behalf of Lowe's Home Centers, LLC, Lowe's Companies, Inc. Local counsel: Jill E. Hall. Fee $50.00. Receipt # CWVSDC-7646336. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 16 STATEMENT OF VISITING ATTORNEY from Clare F. Steinberg on behalf of Lowe's Home Centers, LLC, Lowe's Companies, Inc. Local counsel: Jill E. Hall. Fee $50.00. Receipt # AWVSDC-7646319. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 15 STATEMENT OF VISITING ATTORNEY from Molly Senger on behalf of Lowe's Home Centers, LLC, Lowe's Companies, Inc. Local counsel: Jill E. Hall. Fee $50.00. Receipt # AWVSDC-7646311. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 14 STATEMENT OF VISITING ATTORNEY from Karl G. Nelson on behalf of Lowe's Home Centers, LLC, Lowe's Companies, Inc. Local counsel: Jill E. Hall. Fee $50.00. Receipt # AWVSDC-7646297. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
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Filing 13
ORDER AND NOTICE: Rule 12(b) Motions 6/18/2020. Rule 26(f) Meeting 7/1/2020. Last day to file report of Rule 26(f) Meeting 7/8/2020. Scheduling Conference at 9:00 a.m. on 7/22/2020 in Charleston. Entry of Scheduling Order 7/27/2020. Last Day to make Rule 26(a)(1) disclosures 8/3/2020. Signed by Judge Joseph R. Goodwin on 5/28/2020. (cc: counsel of record any unrepresented parties) (mms) [Transferred from West Virginia Southern on 8/7/2020.]
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Filing 12
ORDER denying #8 UNOPPOSED MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Stay all Deadlines Pending Decision of Judicial Panel. Signed by Judge Joseph R. Goodwin on 5/28/2020. (cc: counsel of record; any unrepresented party) (klc) [Transferred from West Virginia Southern on 8/7/2020.]
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| Filing 11 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Lowe's Home Centers, LLC (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 10 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Lowe's Companies, Inc. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 9 MEMORANDUM by Lowe's Companies, Inc., Lowe's Home Centers, LLC in support of #8 UNOPPOSED MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Stay all Deadlines Pending Decision of Judicial Panel. (Hall, Jill) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 8 UNOPPOSED MOTION by Lowe's Companies, Inc., Lowe's Home Centers, LLC to Stay all Deadlines Pending Decision of Judicial Panel. (Hall, Jill) (Modified on 5/20/2020 to remove link to #1 complaint) (kew). [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 7 STATEMENT OF VISITING ATTORNEY from Elaina S. Bailey on behalf of Thomas Fyfe, Mandy Boyce. Local counsel: Kristina Thomas Whiteaker. Fee $50.00. Receipt # AWVSDC-7591348. (Whiteaker, Kristina) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 6 STATEMENT OF VISITING ATTORNEY from Kevin J. Stoops on behalf of Thomas Fyfe, Mandy Boyce. Local counsel: Kristina Thomas Whiteaker. Fee $50.00. Receipt # AWVSDC-7591342. (Whiteaker, Kristina) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Paul J. Peralta on 04/07/2020. Lowe's Home Centers, LLC waiver mailed on 4/3/2020, answer due 6/2/2020. (Whiteaker, Kristina) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Paul J. Peralta on 04/07/2020. Lowe's Companies, Inc. waiver mailed on 4/3/2020, answer due 6/2/2020. (Whiteaker, Kristina) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Lowe's Companies, Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 as to Lowe's Home Centers, LLC) (st) [Transferred from West Virginia Southern on 8/7/2020.] |
| CASE assigned to Judge Joseph R. Goodwin. (klc) [Transferred from West Virginia Southern on 8/7/2020.] |
| Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7587153. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Lowe's Companies, Inc., #3 Proposed Summons as to Lowe's Home Centers, LLC) (st) [Transferred from West Virginia Southern on 8/7/2020.] |
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