Perry v. Krieger Beard Services LLC et al
| Morgan Perry, Travis Fain, Brian Fox and Aunshawn Henderson |
| Directv LLC, AT&T Corp., DIRECTSAT USA, LLC, Krieger Beard Services LLC and Dustin Krieger |
| 3:2017cv00161 |
| May 8, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MIAMI |
| Michael J Newman |
| Thomas M Rose |
| Labor: Fair Standards |
| 15 U.S.C. § 2 |
| Both |
Docket Report
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| Filing 124 NOTICE by Defendant DIRECTSAT USA, LLC Notice of Withdrawal of Appearance (Baxter, Ashley) |
| Filing 123 Clerk's ENTRY OF DEFAULT as to Defendant Krieger Beard Services LLC. (kma) |
Filing 122
ORDER AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS #118 AND DIRECTING THAT THE CLERK ENTER A DEFAULT AGAINST DEFENDANT KRIEGER BEARD SERVICES, LLC. Signed by Judge Thomas M. Rose on 9-27-2019. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 121
ORDER AND ENTRY: (1) GRANTING THE PLAINTIFFS UNOPPOSED MOTION TO EXTEND THE DISCOVERY AND OTHER CASE MANAGEMENT DEADLINES (DOC. #120 ); AND (2) AMENDING THE PRELIMINARY PRETRIAL ORDER - This civil case is before the Court on Plaintiffs unopposed motion to extend the discovery and other case management deadlines. Doc. 120. For good cause shown, Plaintiffs motion is GRANTED. The undersigned hereby amends the Preliminary Pretrial Order (doc. #86 ) as follows: Discovery due by 4/6/2020. Status Conference set for 4/23/2020 10:00 AM by Teleconference before Judge Thomas M. Rose. Motions not directed to the pleadings: June 8, 2020. Final Pretrial Conference set for 1/21/2021 02:30 PM in Chambers before Judge Thomas M. Rose. Jury Trial set for 2/22/2021 09:00 AM in Courtroom 2 - Dayton before Judge Thomas M. Rose. Signed by Magistrate Judge Michael J. Newman on 9/17/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Set/Reset Dayton PPTO Deadlines: Motions not directed to pleadings due by 6/8/2020. re #121 (kma) |
| Filing 120 Unopposed MOTION for Extension of Time to Complete Discovery New date requested 4/6/2020. by Plaintiffs Travis Fain, Brian Fox, Morgan Perry. (Attachments: #1 Exhibit Exhibit A Proposed Order) (Gibson, Bradley) |
| Filing 119 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Aunshawn Henderson. (Savytska, Olena) |
| Filing 118 REPORT AND RECOMMENDATION THAT AN ENTRY OF DEFAULT ISSUE AGAINST DEFENDANT KRIEGER BEARD SERVICES, LLC. Objections to R&R due by 9/19/2019. Signed by Magistrate Judge Michael J. Newman on 9/5/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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Filing 117
ORDER TO SHOW CAUSE. Show Cause Response due by 9/12/2019. Signed by Magistrate Judge Michael J. Newman on 9/5/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 116
NOTATION ORDER: For good cause shown, and absent opposition, the motion to compel filed by Defendants DirectTV and DirectSat USA (doc. #105 ) is GRANTED. Defendant Krieger Beard Services, LLC is ORDERED to respond, through counsel, to all outstanding discovery requests on or before 8/6/2019. In addition, on or before that date, Defendant Krieger Beard Services, LLC is also ORDERED to file a notice, through counsel, certifying that it has served discovery responses. Defendant Krieger Beard Services, LLC is NOTIFIED that its failure to fully respond to discovery requests and to comply with the Order may result in a finding of contempt and/or the imposition of sanctions. As previously stated by the Court, as a business entity, Krieger Beard Services, LLC cannot proceed in this case pro se and must have counsel enter an appearance on its behalf to proceed in this litigation. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 7/24/2019. (mnr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 115 STIPULATION of Dismissal of Claims of Opt-In Plaintiffs David Fitch, Sean Fuller, Ambrosio Gallegos, David Gardner, Jonathan Lasecki, Shawn Mann, William Messer, and Jeramie Overton (Voluntary) by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
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Filing 114
ORDER DIRECTING DEFENDANT KRIEGER BEARD SERVICES, LLC TO: (1) SHOW CAUSE; AND (2) FILE A MEMORANDUM IN OPPOSITION TO THE PENDING MOTION TO COMPEL (DOC. #105 )- Accordingly, the undersigned ORDERS Defendant Krieger Beard to SHOW CAUSE, in writing and through counsel within 7 days from the entry of this Order, as to why sanctions, including an entry of default, should not issue against it for failure to comply with an Order of the Court. In addition to showing cause as set forth above, Defendant Krieger Beard is also ORDERED to file, through counsel, a memorandum in opposition to the DirectTV Defendants motion within 7 days from the entry of this Order. Defendant Krieger Beard is NOTIFIED that its failure to file a memorandum in opposition may result in the Court granting the DirectTV Defendants motion as unopposed.. Signed by Magistrate Judge Michael J. Newman on 7/8/19. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 113
ORDER AND ENTRY: (1) GRANTING COUNSELS MOTION TO WITHDRAW (DOC. 99 ); (2) GRANTING THE MOTION FOR AN EXTENSION OF TIME (DOC. #111 ) FOR DEFENDANT KRIEGER BEARD SERVICES, LLC TO RESPOND TO DEFENDANT DIRECTV AND DIRECTSATS MOTION TO COMPEL; (3) DEFERRING A RULING ON DEFENDANT DIRECTV AND DIRECTSATS MOTION TO COMPEL (DOC. #105 ); AND (3) GRANTING THE UNOPPOSED MOTION TO COMPEL TO PLAINTIFFS CARPENTER, FITCH, FULLER, GALLEGOS, GARDNER, HERNANDEZ, LASECKI, MANN, MESSER AND OVERTON TO PROVIDE VERIFIED DISCOVERY RESPONSES. Signed by Magistrate Judge Michael J. Newman on 5/2/19. (kma)
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| Filing 112 RESPONSE in Opposition re #111 MOTION for Extension of Time to File Response/Reply as to #105 MOTION to Compel the Production of Documents from Defendant Krieger Beard Services, LLC New date requested 5/10/2019. filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Text of Proposed Order - Defendants DIRECTV, LLC and DirectSat USA, LLC's Response in Opposition to Defendant Krieger Beard Services, LLC's Motion to Extend Response to Defendants DIRECTV, LLC and DirectSat USA, LLC's Motion to Compel Production of Documents pending ruling on Motion to Withdraw) (Dougherty, Colin) |
| Filing 111 MOTION for Extension of Time to File Response/Reply as to #105 MOTION to Compel the Production of Documents from Defendant Krieger Beard Services, LLC New date requested 5/10/2019. by Defendants Dustin Krieger, Krieger Beard Services LLC. (Attachments: #1 Text of Proposed Order) (Brenneman, Deborah) |
| Filing 110 REPLY to Response to Motion re #97 MOTION to File Document Under Seal (MOTION TO WITHDRAW AS COUNSEL) filed by Defendants Dustin Krieger, Krieger Beard Services LLC. (Attachments: #1 Exhibit A - USPS Tracking Information) (Brenneman, Deborah) |
| Filing 109 STIPULATION of Dismissal (Voluntary) of Claims of Opt-In Plaintiffs Gerardo Hernandez, Erich Kelley, Marek Kurnat, and Van Strickland by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 108 STIPULATION of Dismissal (Voluntary) of Claims of Opt-In Plaintiffs Michael Gardner, Matthew Hodge, and Steven Melching by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 107 Consent MOTION to Compel Verified Discovery Responses from Opt-In Plaintiffs Michael Carpenter, David Fitch, Sean Fuller, Ambrosio Gallegos, David Gardner, Jorge Hernandez, Jonathan Lasecki, Shawn Mann, William Messer, and Jeramie Overton by Defendant DIRECTSAT USA, LLC. (Attachments: #1 Text of Proposed Order - Defendant DirectSat USA, LLC's Consent Motion to Compel Verified Discovery Responses from Opt-In Plaintiffs) (Dougherty, Colin) |
| Filing 106 RESPONSE in Opposition re #97 MOTION to File Document Under Seal Counsel for Defendants Krieger Beard Services, LLC and Dustin Krieger's Motion to Withdraw filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Text of Proposed Order - Defendants DIRECTV, LLC and DirectSAT USA, LLC's Response in Opposition to Counsel for Defendants Krieger Beard Services, LLC and Dustin Krieger's Motion to Withdraw, #2 Exhibit 1) (Dougherty, Colin) |
| Filing 105 MOTION to Compel the Production of Documents from Defendant Krieger Beard Services, LLC by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Defendants DIRECTV, LLC and DirectSAT USA, LLC's Memorandum of Law in Support of their Motion to Compel the Production of Documents from Defendant Krieger Beard Services, LLC, #2 Text of Proposed Order - Defendants DIRECTV, LLC and DirectSAT USA, LLC's Motion to Compel the Production of Documents from Defendant Krieger Beard Services, LLC, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5) (Dougherty, Colin) |
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Filing 104
NOTATION ORDER: Counsel for the parties shall confer with regard to any outstanding discovery requests and, should such efforts not resolve any disputes, Defendants DirectTV and Directsat may file motions to compel. With regard to the pending motion to withdraw as counsel, any opposition to such motion shall be filed within the time period set forth in the Local Rules of the Court. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 2/22/2019. (mnr)
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| Filing 103 Minute Entry: This civil case before the Court for and informal discovery dispute conference on 2/22/2019. Attorneys Brian Greivenkamp, Bradley Gibson, Camille Fundora, Harold Lichten, Olena Savytska, Deborah Breeneman, Lindsay Nichols, and Colin Dougherty participated. The Court was advised by counsel for Defendants DirectTV and Directsat USA of either outstanding or incomplete discovery responses from certain parties and that they intend to oppose the pending motion to withdraw filed by counsel for Krieger Beard Services and Dustin Krieger. The Court will issue an Order by separate entry. (mnr) |
| Filing 102 CERTIFICATE OF SERVICE by Defendants Dustin Krieger, Krieger Beard Services LLC re #101 Order,,,,, (Brenneman, Deborah) |
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Filing 101
ORDER - The Court ORDERS counsel for Kreiger Beard Services, LLC and Dustin Krieger promptly serve these Defendants, in compliance with the Federal Rules, with: (1) a copy of the motion to withdraw, and (2) a copy of this Order. Counsel shall also file with the Court a new certificate of service evidencing service of the foregoing in accordance with the Civil Rules and the Local Rules. Krieger Beard Services, LLC and Mr. Krieger may file a response to the motion to withdraw within 21 days after proper service. With regard to the requested withdrawal of counsel on behalf of Defendant Krieger Beard Services, LLC, the Court also notes that limited liability companies may not appear in this Court pro se and, thus, may only appear through a licensed attorney admitted to practice in this Court. Rowland v. Cal. Mens Colony, 506 U.S. 194, 201-02 (1993). Should the Court ultimately grant the motion to withdraw as counsel, the undersigned notes that Krieger Beard Services, LLC, as a business entity, cannot proceed pro se and its failure to have counsel appear on its behalf may result in significant and serious adverse consequences to it, including an entry of default and issuance of a default judgment. See Iron Workers Dist. Council of S. Ohio & Vicinity Benefit Tr. v. K-COR, LLC, No. 3:14-CV-368, 2015 WL 10742767, at *1 (S.D. Ohio Nov. 13, 2015).IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 2/21/2019. (srb)
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| Filing 100 NOTICE: At the request of counsel, a discovery telephone conference is set for 2/22/2019 at 2:30 PM in Teleconference before Magistrate Judge Michael J. Newman. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (dm) |
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Filing 98
NOTATION ORDER: Finding compelling reasons, counsel's motion for leave to file a motion to withdraw as counsel under seal (doc. 97) is GRANTED. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 2/8/2019. (mnr)
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| Filing 97 MOTION for Leave to File Motion to Withdraw as Counsel Under Seal by Defendants Dustin Krieger, Krieger Beard Services LLC. (Brenneman, Deborah) Modified on 2/11/2019 (pb). |
| Filing 96 NOTICE by Plaintiffs Travis Fain, Brian Fox, Aunshawn Henderson, Morgan Perry of Filing Consents to Join (Attachments: #1 Exhibit A - Consent Forms) (Savytska, Olena) |
| Filing 95 NOTICE by Plaintiffs Travis Fain, Brian Fox, Aunshawn Henderson, Morgan Perry of Filing Consents to Join (Attachments: #1 Exhibit A - Consent Forms) (Savytska, Olena) |
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NOTATION ORDER granting #88 Motion for Leave to Appear Pro Hac Vice of Joseph A. McNelis and granting #89 Motion for Leave to Appear Pro Hac Vice of Ashley E. Baxter. Signed by Judge Thomas M. Rose on 12/3/2018. (srb)
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| Filing 94 NOTICE by Plaintiffs Travis Fain, Brian Fox, Aunshawn Henderson, Morgan Perry of Filing Consents to Join (Attachments: #1 Exhibit A - Consent Forms) (Savytska, Olena) |
| Filing 93 NOTICE by Plaintiffs Travis Fain, Brian Fox, Aunshawn Henderson, Morgan Perry of Filing Consents to Join (Attachments: #1 Exhibit A - Consent Forms) (Savytska, Olena) |
| Filing 92 NOTICE by Plaintiffs Travis Fain, Brian Fox, Aunshawn Henderson, Morgan Perry of Filing Consents to Join (Attachments: #1 Exhibit A - Consent Forms) (Savytska, Olena) |
| Filing 91 NOTICE by Plaintiffs Travis Fain, Brian Fox, Aunshawn Henderson, Morgan Perry of Filing Consents to Join (Attachments: #1 Exhibit A - Consent Forms) (Savytska, Olena) |
| Filing 90 NOTICE by Plaintiffs Travis Fain, Brian Fox, Aunshawn Henderson of Filing Opt-in Consent Forms (Attachments: #1 Exhibit Opt-in Consent Forms) (Savytska, Olena) |
| Filing 89 MOTION for Leave to Appear Pro Hac Vice (Filing fee $200 paid - receipt number: 300DAY021422) of Ashley E. Baxter by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Exhibit A - Pennsylvania Certificate of Good Standing, #2 Text of Proposed Order - Motion for Pro Hac Vice Admission) (Dougherty, Colin) Modified on 11/16/2018 to add receipt number (srb). |
| Filing 88 MOTION for Leave to Appear Pro Hac Vice (Filing fee $200 paid - receipt number: 300DAY021421) of Joseph A. McNelis III by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Exhibit A - Pennsylvania Certificate of Good Standing, #2 Text of Proposed Order - Motion for Pro Hac Vice Admission) (Dougherty, Colin) Modified on 11/16/2018 to add receipt number (srb). |
| Set/Reset Hearings: Status Conference set for 9/4/2019 10:00 AM by Teleconference before Magistrate Judge Michael J. Newman. (srb) |
| NOTICE OF HEARINGS: This civil case was referred to Judge Newman for all pretrial matters until expiration of the discovery period. Judge Newman sets this case for discovery status conferences by telephone on 10/23/2018 at 10:00 a.m. and 9/4/2019 at 10:00 a.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. (srb) |
| Filing 87 NOTICE of Change of Address by Camille Fundora (Fundora, Camille) |
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Filing 86
PRELIMINARY PRETRIAL ORDER: Case is referred to Magistrate Judge Michael J. Newman : Motions directed to pleadings due by 8/21/2018. Amended Pleadings due by 8/28/2018. Lay Witness due by 5/6/2019. Plaintiff Primary Expert due by 5/20/2019. Defendant Primary Expert due by 7/8/2019. Plaintiff Rebuttal Expert due by 8/5/2019. Defendant Rebuttal Expert due by 9/3/2019. Discovery due by 10/4/2019. Status Conference 9following discovery) set for 11/7/2019 at 10:30 AM by telephone before Judge Thomas M. Rose. Motions not directed to pleadings due by 12/6/2019. Final Pretrial Conference set for 6/18/2020 at 1:30 PM in Chambers before Judge Thomas M. Rose. Exhibit Submission for Trial due by 7/15/2020. Jury Trial set for 7/20/2020 at 9:00 AM in Courtroom 2 - Dayton before Judge Thomas M. Rose. Signed by Judge Thomas M. Rose on 8/20/18. (ep)
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Filing 85
AGREED PROTECTIVE ORDER. Signed by Judge Thomas M. Rose on 8-15-2018. (de)
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NOTATION ORDER granting #84 Motion for Protective Order. Signed by Judge Thomas M. Rose on 8-15-2018. (de)
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| Filing 84 MOTION for Protective Order by Plaintiff Morgan Perry. (Attachments: #1 Exhibit Exhibit 1 Proposed Agreed Protective Order) (Gibson, Bradley) |
| Minute Entry for proceedings held before Judge Thomas M. Rose: Initial Pretrial Conference held on 8/14/2018. Scheduling Order to issue. (ep) |
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Filing 83
ORDER granting #81 Motion to Withdraw as Attorney. The Court GRANTS the Motion To Withdraw Robi J. Baishnab, Esq. from the above-reference case.Signed by Judge Thomas M. Rose on 8-8-2018. (de)
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| Filing 82 NOTICE of Appearance of Additional Counsel by Plaintiff Aunshawn Henderson (jlk) |
| Filing 81 MOTION to Withdraw as Attorney Filed by Plaintiff Aunshawn Henderson. (Attachments: #1 Affidavit In Support of Motion To Withdraw As Counsel, #2 Text of Proposed Order) (DeRose, Robert) |
| Filing 80 RULE 26(f) REPORT of the Parties by Plaintiff Morgan Perry. (Gibson, Bradley) |
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Filing 79
ENTRY AND ORDER CONSOLIDATING CASES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a) - Accordingly, Case Nos. 3:17-cv-161 and 3:18-cv-6 are CONSOLIDATED for all purposes and further filings in both cases shall be made in Case No. 3:17-cv-161.. Signed by Judge Thomas M. Rose on 7/2/18. (pb)
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Filing 78
ENTRY AND ORDER GRANTING PLAINTIFFS RENEWED MOTION FOR CONDITIONAL CLASS CERTIFICATION AND COURT-SUPERVISED NOTICE TO POTENTIAL OPT-IN PLAINTIFFS (DOC. #62 ). Signed by Judge Thomas M. Rose on 7/2/18. (pb)
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| Filing 77 RULE 26(f) REPORT of Parties by Plaintiffs Travis Fain, Brian Fox, Morgan Perry. (Gibson, Bradley) |
| Filing 76 NOTICE of Appearance by Brian Greivenkamp for Plaintiffs Travis Fain, Brian Fox, Morgan Perry (Greivenkamp, Brian) |
| Filing 75 Reply re #74 Response (non motion) to Plaintiffs' Opposition to their Objections and Memorandum of Law in Opposition to Plaintiffs' Proposed Class Notice by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 74 Response re #70 Objection (non motion) by Plaintiffs Travis Fain, Brian Fox, Morgan Perry. (Gibson, Bradley) |
| Filing 73 REPLY to Response to Motion re #62 MOTION to Certify Class filed by Plaintiffs Travis Fain, Brian Fox, Morgan Perry. (Gibson, Bradley) |
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NOTATION ORDER granting #68 Motion to File Document Under Seal. Signed by Judge Thomas M. Rose on 4-19-2018. (de)
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| Filing 71 RESPONSE in Opposition re #62 MOTION to Certify Class filed by Defendants Dustin Krieger, Krieger Beard Services LLC. (Attachments: #1 Exhibit A - Declaration of Dustin Krieger, #2 Exhibit B - Independent Contractor Agreement) (Brenneman, Deborah) |
| Filing 70 Objection re #62 MOTION to Certify Class and Proposed Class Notice by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 69 RESPONSE in Opposition re #62 MOTION to Certify Class and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Exhibit 1-Declaration of Colin D. Dougherty, #2 Exhibit A to the Declaration of C. Dougherty (To Be Filed Under Seal), #3 Exhibit B to the Declaration of C. Dougherty (To Be Filed Under Seal), #4 Exhibit C to the Declaration of C. Dougherty, #5 Exhibit D to the Declaration of C. Dougherty, #6 Exhibit E to the Declaration of C. Dougherty, #7 Exhibit F to the Declaration of C. Dougherty, #8 Exhibit G to the Declaration of C. Dougherty, #9 Exhibit H to the Declaration of C. Dougherty, #10 Exhibit 2-Declaration of Steven Rumschlag, #11 Exhibit 3-Declaration of Purnell G. Jackson, #12 Exhibit 4-Declaration of Paula M. Phillips, #13 Exhibit 5-Declaration of Susan C. Koons) (Dougherty, Colin) |
| Filing 68 Consent MOTION to File Document Under Seal by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Memorandum of Law in Support of their Consent Motion to File Documents Under Seal, #2 Text of Proposed Order - Consent Motion to File Documents Under Seal) (Dougherty, Colin) |
| Filing 67 Corporate Disclosure Statement by Defendant Directv LLC. (Dougherty, Colin) |
| Filing 66 Defendants Krieger Beard Services, LLC and Dustin Krieger's ANSWER to #57 Amended Complaint filed by Dustin Krieger, Krieger Beard Services LLC. (Brenneman, Deborah) |
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Filing 65
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 3:18-cv-06 ARE related. Signed by Judge Walter H. Rice and Thomas M. Rose on 04/05/2018 pursuant to TMR chambers. (jmb)
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Filing 64
ORDER granting #63 Motion for Leave to File Excess Pages. Signed by Judge Thomas M. Rose on 4-3-2018. (de)
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| Filing 63 Consent MOTION for Leave to File Excess Pages on Briefs in Connection with Defendants DIRECTV, LLC and DirectSat USA, LLC's Opposition to Plaintiffs' Renewed Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Text of Proposed Order - Consent Motion for Leave to Exceed Page Limitation on Briefs in Connection with Defendants, DIRECTV, LLC and DirectSat USA, LLC's Opposition to Plaintiff's Renewed Motion for Conditional Certification and Court-Supervised Notice to Potential Opt-In Plaintiffs) (Dougherty, Colin) |
| Filing 62 MOTION to Certify Class by Plaintiffs Travis Fain, Brian Fox, Morgan Perry. (Attachments: #1 Exhibit Declaration of Morgan Perry dated May 15, 2017, #2 Exhibit Declaration of Travis Fain, #3 Exhibit Declaration of Brian Fox, #4 Exhibit Declaration of Morgan Perry dated August 23, 2017, #5 Exhibit Proposed Class Notice) (Gibson, Bradley) |
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NOTATION ORDER granting #61 Motion for Leave to Appear Pro Hac Vice of Jonathan D. Christman. Signed by Judge Thomas M. Rose on 3/2/2018. (srb)
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| Filing 61 MOTION for Leave to Appear Pro Hac Vice $200 of Jonathan D. Christman by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Exhibit A - PA Certificate of Good Standing, #2 Text of Proposed Order - Motion for Pro Hac Vice Admission of Jonathan D. Christman) (Dougherty, Colin) |
| Filing 60 ANSWER to #57 Amended Complaint filed by DIRECTSAT USA, LLC. (Dougherty, Colin) |
| Filing 59 ANSWER to #57 Amended Complaint filed by Directv LLC. (Dougherty, Colin) |
| Filing 58 WAIVER OF SERVICE Returned Executed. Waiver sent to Dustin Krieger on 2/5/2018, answer due 4/6/2018. (Gibson, Bradley) |
| Filing 57 AMENDED COMPLAINT of Plaintiffs against All Defendants, filed by Morgan Perry, Brian Fox, Travis Fain. (Attachments: #1 Exhibit Consent Form of Brian Fox, #2 Exhibit Consent Form of Travis Fain) (Gibson, Bradley) |
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Filing 56
ENTRY AND ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (DOC. #52 ) AND TERMINATING THE MOTION TO CERTIFY CLASS (DOC. #6 ), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. #22 ), MOTION TO STRIKE MOTION TO CERTIFY CLASS (DOC. #23 ), MOTION TO DISMISS PLAINTIFF'S COMPLAINT (DOC. #27 ), MOTION TO STRIKE REPLY TO RESPONSE TO MOTION (DOC. #44 ) AND MOTION TO STRIKE REPLY TO RESPONSE TO MOTION (DOC. #47 ) AS MOOT: Plaintiff shall file his Amended Complaint within 7 days of this Order. Signed by Judge Thomas M. Rose on 1/29/18. (ep)
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| Filing 55 REPLY to Response to Motion re #52 MOTION for Leave to File First Amended Complaint of Plaintiff filed by Plaintiff Morgan Perry. (Gibson, Bradley) |
| Filing 54 RESPONSE in Opposition re #52 MOTION for Leave to File First Amended Complaint filed by Defendant Krieger Beard Services LLC. (Brenneman, Deborah) |
| Filing 53 RESPONSE in Opposition re #52 MOTION for Leave to File First Amended Complaint filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 52 MOTION for Leave to File First Amended Complaint by Plaintiff Morgan Perry. (Attachments: #1 Exhibit Plaintiffs' First Amended Complaint) (Gibson, Bradley) |
| Filing 51 Corporate Disclosure Statement by Defendants Krieger Beard Services LLC, Krieger Beard Services LLC identifying Corporate Parent Krieger Beard Services LLC for Krieger Beard Services LLC.. (Nichols, Lindsay) |
| Filing 50 REPLY to Response to Motion re #47 MOTION to Strike #41 Reply to Response to Motion, Untimely Evidence and Argument Submitted in Plaintiff's Reply in Support of Motion for Conditional Class Certification or Alternatively for Leave to File a Sur-Reply Brief Opposing Plaint Motion for Conditional Class Certification filed by Defendant Krieger Beard Services LLC. (Brenneman, Deborah) |
| Filing 49 REPLY to Response to Motion re #44 MOTION to Strike #41 Reply to Response to Motion, Strike Untimely Evidence and Argument Submitted with Plaintiff's Reply Brief Concerning Conditional Certification, or Alternatively, for Leave to File A Sur-Reply Brief Opposing Plaintiff filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 48 RESPONSE in Opposition re #47 MOTION to Strike #41 Reply to Response to Motion, Untimely Evidence and Argument Submitted in Plaintiff's Reply in Support of Motion for Conditional Class Certification or Alternatively for Leave to File a Sur-Reply Brief Opposing Plaint, #44 MOTION to Strike #41 Reply to Response to Motion, Strike Untimely Evidence and Argument Submitted with Plaintiff's Reply Brief Concerning Conditional Certification, or Alternatively, for Leave to File A Sur-Reply Brief Opposing Plaintiff filed by Plaintiff Morgan Perry. (Attachments: #1 Exhibit) (Gibson, Bradley) |
| Filing 47 MOTION to Strike #41 Reply to Response to Motion, Untimely Evidence and Argument Submitted in Plaintiff's Reply in Support of Motion for Conditional Class Certification or Alternatively for Leave to File a Sur-Reply Brief Opposing Plaintiff's Motion for Conditional Class Certification by Defendant Krieger Beard Services LLC. (Attachments: #1 Text of Proposed Order) (Brenneman, Deborah) |
| Filing 46 REPLY to Response to Motion re #27 MOTION to Dismiss Plaintiff's Complaint filed by Defendant Krieger Beard Services LLC. (Attachments: #1 Text of Proposed Order) (Brenneman, Deborah) |
| Filing 45 Reply re #39 Response (non motion) to Defendants' Objections to Plaintiff's Proposed Class Notice and Consent Form by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 44 MOTION to Strike #41 Reply to Response to Motion, Strike Untimely Evidence and Argument Submitted with Plaintiff's Reply Brief Concerning Conditional Certification, or Alternatively, for Leave to File A Sur-Reply Brief Opposing Plaintiff's Motion for Conditional Certification by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Memorandum of Law in Support of Motion to Strike Plaintiff's Untimely Evidence and Argument Submitted with Plaintiff's Reply Brief Concerning Conditional Certification, or Alternatively, For Leave to File A Sur-Reply Brief Opposing Plaintiff's Motion for Conditional Class Certification, #2 Exhibit 1 - Proposed Sur-Reply Brief to Plaintiff's Reply in Support of Plaintiff's Motion for Conditional Class Certification, #3 Text of Proposed Order) (Dougherty, Colin) |
| Filing 43 REPLY to Response to Motion re #23 MOTION to Strike #6 MOTION to Certify Class (Conditional FLSA Class Certification) (Exhibit "A" - ECF No. 6-1 filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 42 REPLY to Response to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 41 REPLY to Response to Motion re #6 MOTION to Certify Class (Conditional FLSA Class Certification) filed by Plaintiff Morgan Perry. (Attachments: #1 Exhibit Declaration of Morgan Perry, #2 Exhibit Declaration of Brian Fox, #3 Exhibit Declaration of Travis Fain) (Gibson, Bradley) |
| Filing 40 RESPONSE in Opposition re #23 MOTION to Strike #6 MOTION to Certify Class (Conditional FLSA Class Certification) (Exhibit "A" - ECF No. 6-1 filed by Plaintiff Morgan Perry. (Gibson, Bradley) |
| Filing 39 Response re #26 Objection (non motion) by Plaintiff Morgan Perry. (Attachments: #1 Exhibit Exhibit A Revised Notice) (Gibson, Bradley) |
| Filing 38 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Morgan Perry. (Gibson, Bradley) |
| Filing 37 RESPONSE in Opposition re #27 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Morgan Perry. (Gibson, Bradley) |
| Filing 36 Consent MOTION for Extension of Time to File Response/Reply New date requested 9/1/2017. Of Plaintiff by Plaintiff Morgan Perry. (Attachments: #1 Text of Proposed Order) (Gibson, Bradley) |
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NOTATION ORDER sustaining #35 Motion for Extension of Time to File Response AND granting #36 Motion for Extension of Time to File Response/Reply: Responses due by 9/1/2017 Replies due by 9/1/2017. Signed by Judge Thomas M. Rose on 8/11/17. (ep)
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| Filing 35 First MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss Plaintiff's Complaint, #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 9/1/2017. of Plaintiff by Plaintiff Morgan Perry. (Attachments: #1 Exhibit Proposed Order) (Gibson, Bradley) |
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Response/Reply. New date requested 8/18/2017. Signed by Judge Thomas M. Rose on 8-3-2017. (de)
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| Filing 33 Consent MOTION for Extension of Time to File Response/Reply New date requested 8/18/2017. of Plaintiff by Plaintiff Morgan Perry. (Attachments: #1 Exhibit Proposed Order) (Gibson, Bradley) |
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NOTATION ORDER granting #32 Motion to Seal Document. Signed by Judge Thomas M. Rose on 7/27/2017. (srb)
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| Filing 32 MOTION to Seal Document #27 MOTION to Dismiss Plaintiff's Complaint, #28 Response in Opposition to Motion, Exhibit A to 27 and Exhibit B to 28 by Defendant Krieger Beard Services LLC. (Attachments: #1 Text of Proposed Order) (Brenneman, Deborah) |
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Filing 29
ORDER granting #24 Motion to File Document Under Seal. Signed by Judge Thomas M. Rose on 7/24/17. (ep)
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| Filing 28 RESPONSE in Opposition re #6 MOTION to Certify Class (Conditional FLSA Class Certification) Expedited Discovery and Court-Supervised Notice to Potential Opt-In Plaintiffs filed by Defendant Krieger Beard Services LLC. (Attachments: #1 Exhibit A - Declaration of Dustin Krieger, #2 Exhibit B - Morgan Perry Documents, #3 Exhibit C - Custom Charges) (Brenneman, Deborah) |
| Filing 27 MOTION to Dismiss Plaintiff's Complaint by Defendant Krieger Beard Services LLC. (Attachments: #1 Exhibit A - Morgan Perry Documents) (Brenneman, Deborah) |
| Filing 26 Objection re #6 MOTION to Certify Class (Conditional FLSA Class Certification) , Expedited Discovery and Court-Supervised Notice to Potential Opt-In Plaintiffs by Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 25 RESPONSE in Opposition re #6 MOTION to Certify Class (Conditional FLSA Class Certification) , Expedited Discovery and Court-Supervised Notice of Potential Opt-In Plaintiffs filed by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Exhibit 1 - Declaration of Lauren Dudley, #2 Exhibit 2 - Declaration of Stephen Rumschlag, #3 Exhibit 3 - Declaration of Purnell Jackson, #4 Exhibit 4 - Declaration of Paula Phillips, #5 Exhibit 5 - Declaration of Susan Koons, #6 Exhibit 6 - Declaration of Colin D. Dougherty, #7 Exhibit A - TO BE FILED UNDER SEAL (Exhibit to Declaratoin of Colin D. Dougherty), #8 Exhibit B - TO BE FILED UNDER SEAL (Exhibit to Declaration of Colin D. Dougherty), #9 Exhibit C (Exhibit to Declaration of Colin D. Dougherty), #10 Exhibit D (Exhibit to Declaration of Colin D. Dougherty), #11 Exhibit E (Exhibit to Declaration of Colin D. Dougherty), #12 Exhibit F (Exhibit to Declaration of Colin D. Dougherty), #13 Exhibit G (Exhibit to Declaration of Colin D. Dougherty), #14 Exhibit H (Exhibit to Declaration of Colin D. Dougherty), #15 Exhibit I (Exhibit to Declaration of Colin D. Dougherty), #16 Exhibit J (Exhibit to Declaration of Colin D. Dougherty)) (Dougherty, Colin) |
| Filing 24 Consent MOTION to File Document Under Seal by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Memorandum of Law in Support of their Consent Motion to File Documents Under Seal, #2 Exhibit 1, #3 Text of Proposed Order - Consent Motion to File Documents Under Seal) (Dougherty, Colin) |
| Filing 23 MOTION to Strike #6 MOTION to Certify Class (Conditional FLSA Class Certification) (Exhibit "A" - ECF No. 6-1 by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Memorandum of Law in Support of Motion to Strike the Declaration and Purported Consent Form of Morgan Perry, #2 Text of Proposed Order - Motion to Strike the Declaration and Purported Consent Form of Morgan Perry) (Dougherty, Colin) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Memorandum of Law in Support of their Motion to Dismiss Plaintiff's Complaint, #2 Text of Proposed Order - Motion to Dismiss Plaintiff's Complaint) (Dougherty, Colin) |
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NOTATION ORDER withdrawing #9 Motion to Substitute Attorney pursuant to the filing of a Notice to Withdraw #20 filed 7/18/2017. Signed by Judge Thomas M. Rose on 7-19-2017. (de)
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| Filing 21 NOTICE of Substitution of Counsel - Colin D Dougherty substituting for John J. Haggerty as to Defendants DIRECTSAT USA, LLC, Directv LLC. (Dougherty, Colin) |
| Filing 20 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendants DIRECTSAT USA, LLC, Directv LLC re #9 Consent MOTION to Substitute Attorney Colin D. Dougherty as Trial Attorney (Haggerty, John) |
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Filing 19
ORDER granting #18 Motion for Leave to File Excess Pages -. Signed by Judge Thomas M. Rose on 7-17-2017. (de)
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| Filing 18 Consent MOTION for Leave to File Excess Pages on Briefs by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Text of Proposed Order - Consent Motion for Leave to Exceed Page Limit on Briefs) (Haggerty, John) |
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Filing 17
ORDER granting #16 Consent Motion for Extension of Time to File Response/Reply. Defendants shall have until July 21, 2017 to respond to Plaintiff's Motion for Conditional Class Certification, Expedited Discovery and Court-Supervised Notice to Potential Opt-in Plaintiffs. Signed by Judge Thomas M. Rose on 7-12-2017. (de)
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| Filing 16 Consent MOTION for Extension of Time to File Response/Reply New date requested 7/21/2017. to Plaintiff's Motion for Conditional Class Certification, Expedited Discovery and Court-Supervised Notice to Potential Opt-In Plaintiffs by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Text of Proposed Order - Consent Motion to Extend Time to Respond to Plaintiff's Motion for Conditional Class Certification, Expedited Discovery and Court-Supervised Notice to Potential Opt-In Plaintiffs) (Haggerty, John) |
| Filing 15 STIPULATION (Second) to Extend Time to Respond to Plaintiff's Complaint by Defendants DIRECTSAT USA, LLC, Directv LLC. (Haggerty, John) |
| Filing 14 NOTICE of Appearance by Lindsay Marie Nichols for Defendant Krieger Beard Services LLC (Nichols, Lindsay) |
| Filing 13 NOTICE of Appearance by Deborah S Brenneman for Defendant Krieger Beard Services LLC (Brenneman, Deborah) |
| Filing 12 STIPULATION to Extend Time to Respond to Plaintiff's Complaint by Defendants DIRECTSAT USA, LLC, Directv LLC. (Haggerty, John) |
| Filing 11 Corporate Disclosure Statement by Defendant Directv LLC. (Haggerty, John) |
| Filing 10 Corporate Disclosure Statement by Defendant DIRECTSAT USA, LLC. (Haggerty, John) |
| Filing 9 Consent MOTION to Substitute Attorney Colin D. Dougherty as Trial Attorney by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Memorandum of Law in Support of Consent Motion to Substitute and Designate Colin D. Dougherty as Trial Attorney for Defendants DIRECTV, LLC and DirectSat USA, LLC, #2 Text of Proposed Order - Consent Motion to Substitute and Designate Colin D. Dougherty as Trial Attorney) (Haggerty, John) |
| Filing 8 PHV Filing fee: RE #7 $ 200.00, receipt number 300DAY019221 (pb) |
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NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Colin Dougherty by John H. Haggerty. Signed by Judge Thomas M. Rose on 6/29/17. (kma)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of Colin D. Dougherty by Defendants DIRECTSAT USA, LLC, Directv LLC. (Attachments: #1 Exhibit A - Pennsylvania Certificate of Good Standing, #2 Text of Proposed Order - Motion for Pro Hac Vice Admission of Colin D. Dougherty) (Haggerty, John) |
| Filing 6 MOTION to Certify Class (Conditional FLSA Class Certification) by Plaintiff Morgan Perry. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Gibson, Bradley) |
| Filing 5 WAIVER OF SERVICE Returned Executed. Waiver sent to Krieger Beard Services LLC on 5/8/2017, answer due 7/7/2017. (Gibson, Bradley) |
| Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to DIRECTSAT USA, LLC on 5/8/2017, answer due 7/7/2017. (Gibson, Bradley) |
| Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to Directv LLC on 5/8/2017, answer due 7/7/2017. (Gibson, Bradley) |
| Filing 2 NOTICE of Appearance by John J Haggerty for Defendants DIRECTSAT USA, LLC, Directv LLC (Haggerty, John) |
| If case is referred it will be assigned to Magistrate Judge Michael J. Newman. (jmb) |
| Filing 1 COMPLAINT with JURY DEMAND of Plaintiff against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5950114), filed by Morgan Perry. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Signed Consent Form) (Gibson, Bradley) |
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