Beviacqua v. Mickeys & Kirbys LP et al
| Justin Beviacqua |
| Mickeys & Kirbys LP and MK General Partner LLC doing business as Kirby's Prime Steakhouse doing business as Mickey Mantle's Steakhouse |
| 6:2024cv00114 |
| March 28, 2024 |
| U.S. District Court for the Eastern District of Oklahoma |
| Jason A Robertson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 49 First DISCLOSURES per FRCP 26 by Justin Beviacqua(on behalf of himself), Justin Beviacqua(on behalf of all others similarly situated) (Frank, Joshua) |
| Filing 48 First DISCLOSURES per FRCP 26 by Mickeys & Kirbys LP (Griffith, Scott) |
| Filing 47 EXHIBIT(S) A and B (Re: #45 Reply to Response to Motion ) by MK General Partner LLC, Mickeys & Kirbys LP (With attachments)(Cagle, Jason) |
| Filing 46 MINUTES of Proceedings - held before Magistrate Judge Jason A. Robertson: ZOOM Status Hearing held on 5/23/2024. (jpc, Deputy Clerk) |
| Filing 45 REPLY to Response to Motion (Re: #38 MOTION for Extension of Time to Respond to Motion ) by MK General Partner LLC, Mickeys & Kirbys LP ;(Griffith, Scott) |
Filing 44
MINUTE ORDER by Magistrate Judge Jason A. Robertson: Defendants' Motion to Expedite Ruling (Docket No. #39 ) is MOOT. (Robertson, Jason)
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Filing 43
MINUTE ORDER by Magistrate Judge Jason A. Robertson: Defendants shall file an expedited reply to Plaintiff's RESPONSE in Opposition (Docket No. #41 ) on or before 5/22/24. Defendants' Response to Plaintiffs' Motion for Conditional Certification (Docket No. #29 ) is temporarily STAYED pending a ruling on Defendants' emergency motion. A ZOOM video Status Conference is set for 5/23/24 at 3:00 p.m. The Court will provide the ZOOM link approximately 30 minutes prior to the hearing. (jpc, Deputy Clerk)
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Filing 42
MINUTE ORDER by Magistrate Judge Jason A. Robertson: The parties have expressly indicated in the Joint Status Report (Docket No. #40 ) signed by all counsel of record in this case that they wish to consent to the jurisdiction of the United States Magistrate Judge assigned to this case. Fed. R. Civ. P. 73(b)(1). As a result, this case is deemed CONSENTED TO THE MAGISTRATE JUDGE without the necessity for the filing or submission of any other documentation. The United States Magistrate Judge will exercise complete jurisdiction over this case through and including trial and the entry of a final judgment in accordance with 28 U.S.C. 636(c)(1) and Fed. R. Civ. P. 73(a). Additionally, the parties have indicated they do request a Scheduling Conference; however, they request it be set after the Court issues a ruling on Plaintiffs' Motion for Conditional Certification. The in-person Scheduling Conference currently set for 5/30/2024 at 10:00 AM in Courtroom 3, Room 432, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Jason A. Robertson is hereby STRICKEN. The Scheduling Conference will be reset after the Court's ruling is issued on Plaintiff's Motion for Conditional Certification (Docket No. #29 ). (jpc, Deputy Clerk)
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| Filing 41 RESPONSE in Opposition to Motion (Re: #38 MOTION for Extension of Time to Respond to Motion, #39 MOTION to Expedite Ruling) by Plaintiff (With attachments) (Garrison, David) |
| Filing 40 JOINT STATUS REPORT by Plaintiff (Garrison, David) |
| Filing 39 MOTION to Expedite Ruling (Re: #38 MOTION for Extension of Time to Respond to Motion) by All Defendants; Responses due by 5/29/2024 (Love, Kimberly) |
| Filing 38 Opposed Emergency MOTION for Extension of Time to Respond to Motion (Re: #29 Motion for Conditional Certification and for Issuance of Court Supervised Notice) by All Defendants (With attachments) Responses due by 5/29/2024 (Griffith, Scott) Modified on 5/20/2024 to edit event and add link (dma, Deputy Clerk). |
| Filing 37 MINUTES of Proceedings - held before Magistrate Judge Jason A. Robertson: Zoom Rule 73 Status Hearing held on 5/7/2024. (jpc, Deputy Clerk) |
| Filing 36 DISCLOSURE STATEMENT by MK General Partner LLC, Mickeys & Kirbys LP (Fry, Erin) |
| Filing 35 ANSWER to Complaint (Re: #2 Complaint) by MK General Partner LLC, Mickeys & Kirbys LP (Love, Kimberly) |
| Filing 34 ATTORNEY APPEARANCE by Erin Eileen Fry on behalf of All Defendants (Fry, Erin) |
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Filing 33
MINUTE ORDER by Magistrate Judge Jason A. Robertson: Motion for Admission Pro Hac Vice filed by Kimberly Lambert Love on behalf of Erin E. Fry (Docket Entry #27 ) is hereby GRANTED. Ms. Fry is hereby ADMITTED in this District for the sole and limited purpose of representing Defendants in this case. This admission is conditioned on the attorney filing an entry of appearance and registration for electronic case filing by each applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (jpc, Deputy Clerk)
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| Filing 32 BRIEF in Support of Motion (Re: #29 MOTION for Conditional Certification and for the Issuance of Court-Supervised Notice) by Plaintiff (Garrison, David) |
| Filing 31 Declaration of Cameron Robeson (Re: #29 MOTION for Conditional Certification and for the Issuance of Court-Supervised Notice) by Plaintiff (With attachments) (Garrison, David) |
| Filing 30 Declaration of Roy Sell (Re: #29 MOTION for Conditional Certification and for the Issuance of Court-Supervised Notice) by Plaintiff (With attachments) (Garrison, David) |
| Filing 29 MOTION for Conditional Certification and for the Issuance of Court-Supervised Notice by Plaintiff (With attachments) Responses due by 5/20/2024 (Garrison, David) |
| Filing 28 ATTORNEY APPEARANCE by Scott Griffith on behalf of All Defendants (Griffith, Scott) |
| Filing 27 MOTION for Attorney Erin Fry to be Admitted Pro Hac Vice (paid $100 filing fee; receipt number AOKEDC-1941074) by All Defendants (With attachments) Responses due by 5/20/2024(Love, Kimberly) |
| Filing 26 ATTORNEY APPEARANCE by Jason L. Cagle on behalf of All Defendants (Cagle, Jason) |
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Filing 25
MINUTE ORDER by Magistrate Judge Jason A. Robertson: Motion for Admission Pro Hac Vice filed by Kimberly Lambert Love on behalf of Scott Griffith and Jason L. Cagle (Docket Entry #23 ) is hereby GRANTED. Messrs. Griffith and Cagle are admitted in this District for the sole and limited purpose of representing Defendants in this action. These admissions are conditioned on each attorney filing an entry of appearance and registration for electronic case filing by each applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (jpc, Deputy Clerk)
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Filing 24
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Jason A. Robertson setting Zoom Rule 73 Conference for 5/7/2024 at 2:00 PM in Chambers, Room 430, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Jason A. Robertson. Scheduling Conference set for 5/30/2024 at 10:00 AM in Courtroom 3, Room 432, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Jason A. Robertson. Parties are directed to file a Joint Status Report by 5/15/2024. (jpc, Deputy Clerk)
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| Filing 23 MOTION for Attorneys Scott Griffith and Jason L. Cagle to be Admitted Pro Hac Vice (paid $200 filing fee; receipt number AOKEDC-1939406) by All Defendants (With attachments) Responses due by 5/15/2024(Love, Kimberly) |
| Filing 22 ATTORNEY APPEARANCE by Kimberly Lambert Love on behalf of All Defendants (Love, Kimberly) |
| Filing 21 SUMMONS Returned Executed re: Mickeys & Kirbys LP - Served on 4/16/2024 by Plaintiff (Chanin, Nicole) |
| Filing 20 SUMMONS Returned Executed re: MK General Partner LLC - Served on 4/16/2024 by Plaintiff (Chanin, Nicole) |
| Filing 19 ATTORNEY APPEARANCE by Joshua A. Frank on behalf of All Plaintiffs (Frank, Joshua) |
| Filing 18 ATTORNEY APPEARANCE by David W. Garrison on behalf of All Plaintiffs (Garrison, David) |
| Filing 17 ATTORNEY APPEARANCE by Nicole A. Chanin on behalf of All Plaintiffs (Chanin, Nicole) |
| Filing 16 NOTICE of Consent(s) to Join by Justin Beviacqua(on behalf of himself) (With attachments)(Hill, Michael) |
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Filing 15
MINUTE ORDER by Magistrate Judge Jason A. Robertson: Motions for Admission Pro Hac Vice of David W. Garrison (Docket Entry #11 ), Joshua A. Frank (Docket Entry #12 ), and Nicole A. Chanin (Docket Entry #13 ) filed by Michael P. Hill are hereby GRANTED. Messrs. Garrison and Frank and Ms. Chanin are admitted in this District for the sole and limited purpose of representing Plaintiff in this action. These admissions are conditioned on each attorney filing an entry of appearance and registration for electronic case filing by each applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (tjm, Deputy Clerk)
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| Filing 14 NOTICE of Consent(s) to Join by Justin Beviacqua(on behalf of all others similarly situated) (With attachments)(Hill, Michael) |
| Filing 13 MOTION for Attorney Nicole A. Chanin to be Admitted Pro Hac Vice (paid $100 filing fee; receipt number AOKEDC-1929273) by Justin Beviacqua(on behalf of himself) (With attachments) Responses due by 4/19/2024(Hill, Michael) |
| Filing 12 MOTION for Attorney Joshua A. Frank to be Admitted Pro Hac Vice (paid $100 filing fee; receipt number AOKEDC-1929272) by Justin Beviacqua(on behalf of himself) (With attachments) Responses due by 4/19/2024(Hill, Michael) |
| Filing 11 MOTION for Attorney David W. Garrison to be Admitted Pro Hac Vice (paid $100 filing fee; receipt number AOKEDC-1929271) by Justin Beviacqua(on behalf of himself) (With attachments) Responses due by 4/19/2024(Hill, Michael) |
| Filing 10 NOTICE of Consent(s) to Join by Justin Beviacqua(on behalf of himself) (With attachments)(Hill, Michael) |
| Filing 9 NOTICE of Filing Notices of Consent by Justin Beviacqua (on behalf of himself) (With attachments) (Hill, Michael) |
| Filing 8 SUMMONS Issued by Court Clerk as to MK General Partner LLC.(jld, Deputy Clerk) |
| Filing 7 SUMMONS Issued by Court Clerk as to Mickeys & Kirbys LP. (jld, Deputy Clerk) |
| Filing 6 ATTORNEY APPEARANCE by Michael Paul Hill on behalf of Justin Beviacqua (Hill, Michael) |
| Filing 5 MINUTE ORDER by Court Clerk Applicable parties are directed to file Disclosure Statements per FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Disclosure Statement available on the Court's website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Disclosure Statement in this case, you are reminded to file a Supplemental Disclosure Statement within a reasonable time of any change in the information that the statement requires.(jld, Deputy Clerk) |
| Filing 4 MINUTE ORDER by Court Clerk The parties are advised that this case has been assigned to a U.S. Magistrate Judge. In accordance with 28 U.S.C., Section 636(c), the Magistrate Judge will exercise complete jurisdiction over all matters in this case including trial should all parties consent to jurisdiction. Consent or election of a District Judge Option may be exercised by completing the Consent Form (Civil Case Originally Assigned to Magistrate Judge) on this Court's website at # https://www.oked.uscourts.gov/forms/all-forms/civil in accordance with the procedure outlined therein. If a party does not wish to consent to such jurisdiction, they must complete the Reassignment section. Completed forms should be submitted in PDF format to Consents_OKED@oked.uscourts.gov within twenty-one days.(Miscellaneous Deadline set for 4/18/2024)(jld, Deputy Clerk) |
| Filing 3 MINUTE ORDER by Court Clerk directing Plaintiff to pay the filing fee of $405 within 7 days or file a Motion for Informa Pauperis. Plaintiff's failure to comply with this directive will subject this action to immediate dismissal by the Court without prejudice to refiling. NOTE: The court cannot issue summons until the filing fee is paid. Civil Summons may be issued electronically. Prepare the summons using the court's PDF version and email it to CM-ECFIntake_OKED@oked.uscourts.gov. (Filing Fee due by 4/4/2024) (Re: #2 Complaint) (jld, Deputy Clerk) |
| Filing 2 COMPLAINT with Jury Demand against MK General Partner LLC, Mickeys & Kirbys LP by Justin Beviacqua.(jld, Deputy Clerk) |
| Filing 1 CIVIL COVER SHEET by Justin Beviacqua. (jld, Deputy Clerk) |
| FILING FEES Paid in Full on 3/28/2024 in the amount of $405, receipt number AOKEDC-1925867 (Re: #2 Complaint ) by Justin Beviacqua (Hill, Michael) |
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