Peter et al v. Priority Dispatch, Inc.
| Glenn Peter, Kevina Mitchell, Angela Sanchez, Clayton Neel and Saviour Banda |
| Priority Dispatch, Inc. |
| 1:2022cv00606 |
| October 19, 2022 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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| Document Text |
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Filing 34
ORDER denying #17 Defendant's Motion to Dismiss; and denying as moot #26 Plaintiffs' Motion for Leave to File and #28 Motion for Leave to File a Sur-Reply. Signed by Judge Michael R. Barrett on 7/5/2023. (kkz)
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| Filing 33 AMENDED DOCUMENT by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. Corrected Notice of Filing Consents to Join. (Attachments: #1 Exhibit A - Consents to Join Collective Action) (Thomson, Matthew) |
| Filing 32 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #31 Notice, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #31 Notice as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/27/2023. (kh) |
| Filing 31 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join Collective Action) (Thomson, Matthew) |
| Filing 30 RESPONSE in Opposition re MOTION for Leave to File filed by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Thomson, Matthew) |
| Notice of Correction: Please be aware that doc. #28 RESPONSE in Opposition to Motion is a dissimilar pleading that contains both a response to a motion and a motion for leave to file sur-response. For the Court's case management purposes, such a document must be filed twice to capture both the Response to Motion and Motion in ECF. Clerk added a Motion for Leave to File Sur-Response to the docket and requested that Plaintiff's counsel re-file [FORMER DOC. 29] as a Response in Opposition to Motion (see doc. #30 ). Any Replies should be linked to the 2/28/2023 Motion for Leave to File Sur-Response. (eh) |
| Filing 29 [FORMER DOC. 29 - PLEASE DISREGARD. FILED IN ERROR.] Response to Defendant's Motion for Leave to File Sur-Response by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Thomson, Matthew) Modified docket text and document security on 3/15/2023 (eh). |
| MOTION for Leave to File Sur-Response by Defendant Priority Dispatch, Inc. ***PLEASE NOTE - DOCUMENT #28 CONTAINS A MOTION NOT CAPTURED IN ECF. THIS ENTRY FILED BY CLERK FOR CASE MANAGEMENT PUPROSES*** (eh) |
| Filing 28 RESPONSE in Opposition re #26 MOTION for Leave to File Sur-Reply to Motion to Dismiss and Compel Arbitration or, Alternatively, Motion for Leave to File Sur-Response filed by Defendant Priority Dispatch, Inc.. (Attachments: #1 Exhibit A - Defendant Priority's [Proposed] Sur-Response in Opposition to Plaintiffs' Sur-Reply, #2 Exhibit B - Declaration of R. Jay Taylor, Jr., #3 Text of Proposed Order) (Taylor, Russell) |
| Filing 27 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join Collective Action) (Thomson, Matthew) |
| Filing 26 MOTION for Leave to File Sur-Reply by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Attachments: #1 Exhibit Proposed Sur-Reply, #2 Text of Proposed Order) (Thomson, Matthew) |
| Filing 25 REPLY to Response to Motion re #17 MOTION to Dismiss and Compel Arbitration filed by Defendant Priority Dispatch, Inc.. (Attachments: #1 Exhibit A - Declaration of Harold L. Lichten in Support of Joint Motion for Approval of Settlement, Hager v. Omnicare, Inc., #2 Exhibit B Lichten & Liss-Riordan Retainer Agreement, OConnor v. Uber Techs., Inc., #3 Exhibit C Twitter Dispute Resolution Agreement, Cornet v. Twitter, Inc.) (Taylor, Russell) |
| Filing 24 AFFIDAVIT in Opposition re #17 MOTION to Dismiss and Compel Arbitration filed by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (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) (Thomson, Matthew) |
| Filing 23 RESPONSE in Opposition re #17 MOTION to Dismiss and Compel Arbitration filed by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Attachments: #1 Exhibit 1 - Declaration of Plaintiff Angela Sanchez, #2 Exhibit 2 - Declaration of Plaintiff Kevina Mitchell, #3 Exhibit 3 - Declaration of Plaintiff Glenn Peter, #4 Exhibit 4 - Declaration of Plaintiff Saviour Banda, #5 Exhibit 5 - Declaration of Plaintiff Clayton Neel) (Thomson, Matthew) |
| Filing 22 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join Collective Action) (Thomson, Matthew) |
| Filing 21 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join Collective Action) (Thomson, Matthew) |
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NOTATION ORDER: This matter is before the Court on #19 Plaintiffs' Motion for a Ten-Day Extension of Time to Respond to #17 Defendant Priority Dispatch, Inc.'s Motion to Dismiss and Compel Arbitration. Defendant does not oppose Plaintiffs' Motion. (See Doc. 20). For good cause shown, and the reasons stated therein, it is hereby ORDERED that #19 Plaintiffs' Motion for a Ten-day Extension of Time is GRANTED. Plaintiffs shall file their response on or before 1/19/2023. Signed by Judge Michael R. Barrett on 1/6/2023. (kkz)
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| Filing 20 NOTICE by Defendant Priority Dispatch, Inc. re #19 MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss and Compel Arbitration New date requested 1/19/2023. non-opposition (Taylor, Russell) |
| Filing 19 MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss and Compel Arbitration New date requested 1/19/2023. by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Thomson, Matthew) |
| Filing 18 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join Collective Action) (Thomson, Matthew) |
| Filing 17 MOTION to Dismiss and Compel Arbitration by Defendant Priority Dispatch, Inc.. (Attachments: #1 Memorandum in Support of Motion to Dismiss and Compel Arbitration, #2 Exhibit A - Declaration of R. Jeffrey Thomas in Support of Motion to Dismiss and Compel Arbitration, #3 Exhibit A-1 Glenn Peter ICA, #4 Exhibit A-2 Kevina Mitchell ICA, #5 Exhibit A-3 Angela Sanchez ICA, #6 Exhibit A-4 Clayton Neel ICA, #7 Exhibit A-5 Saviour Banda ICA, #8 Exhibit B - Declaration of Dominick Simone in Support of Motion to Dismiss and Compel Arbitration, #9 Exhibit B-1 Glenn Peter SCI Agreement, #10 Exhibit B-2 Kevina Mitchell SCI Agreement, #11 Exhibit B-3 Angela Sanchez 2020 SCI Agreement, #12 Exhibit B-4 Angela Sanchez 2021 SCI Agreement, #13 Exhibit B-5 Saviour Banda SCI Agreement) (Taylor, Russell) |
| Filing 16 NOTICE of Appearance by Jacob Assaf Mikalov for Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez (Mikalov, Jacob) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9170297) of Zachary L. Rubin by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Attachments: #1 Exhibit Certificate of Good Standing) (DeRose, Robert) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9170281) of Matthew W. Thomson by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Attachments: #1 Exhibit Certificate of Good Standing) (DeRose, Robert) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9164050) of Harold L. Lichten by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Attachments: #1 Exhibit Certificate of Good Standing) (DeRose, Robert) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
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NOTATION ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Harold L. Lichten; granting #14 Motion for Leave to Appear Pro Hac Vice of Matthew W. Thomson; and granting #15 Motion for Leave to Appear Pro Hac Vice of Zachary L. Rubin as Co-Counsels. Co-Counsels are directed to register for efiling through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 12/07/2022. (kh)
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| Filing 12 Notice of Deficiency re: The submitted certificate is not from the highest court of a State. Related Document: #11 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9164050) of Harold L. Lichten filed by Angela Sanchez, Kevina Mitchell, Clayton Neel, Saviour Banda, Glenn Peter. Deficiency Deadline by 12/16/2022. (bjc) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9164050) of Harold L. Lichten by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez. (Attachments: #1 Exhibit Certificate of Good Standing) (DeRose, Robert) Terminated motion on 12/7/2022 (kh). |
| Filing 10 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join) (DeRose, Robert) |
| Filing 9 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join) (DeRose, Robert) |
| Filing 8 NOTICE by Plaintiffs Saviour Banda, Kevina Mitchell, Clayton Neel, Glenn Peter, Angela Sanchez of Filing Consents to Join (Attachments: #1 Exhibit A - Consents to Join Collective Action) (DeRose, Robert) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9129389) of Christopher James Eckhart by Defendant Priority Dispatch, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Dershaw, Brian) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9129369) of Russell Jay Taylor Jr by Defendant Priority Dispatch, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Dershaw, Brian) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9129354) of Andrew James Ireland by Defendant Priority Dispatch, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Dershaw, Brian) |
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NOTATION ORDER granting #5 , #6 and #7 Motions for Leave to Appear Pro Hac Vice of Russell Jay Taylor, Jr., Andrew James Ireland, and Christopher James Eckhart as Co-Counsel. Co-Counsel are directed to register for e-filing through PACER unless they have done so previously. By Judge Michael R. Barrett on 11/07/2022. (tla)
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| Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to Priority Dispatch, Inc. on 10/20/2022, answer due 12/19/2022. (DeRose, Robert) |
| Filing 3 SUMMONS Returned Executed as to Defendant Priority Dispatch, Inc.. Priority Dispatch, Inc. served on 10/24/2022, answer due 11/14/2022. (DeRose, Robert) |
| Filing 2 Summons Issued as to Priority Dispatch, Inc. (vb) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9096024), filed by Glenn Peter, Clayton Neel, Angela Sanchez, Kevina Mitchell, Saviour Banda. (Attachments: #1 Exhibit 1 - Notice of Consent to Join Glenn Peter, #2 Exhibit 2 - Notice of Consent to Join Kevina Mitchell, #3 Exhibit 3 - Notice of Consent to Join Angela Sanchez, #4 Exhibit 4 - Notice of Consent to Join Clayton Neel, #5 Exhibit 5 - Notice of Consent to Join Saviour Banda, #6 Civil Cover Sheet, #7 Summons Form Summons to be Issued by Clerk - Priority Dispatch, Inc.) (DeRose, Robert) |
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