Bromlow et al v. D & M Carriers, LLC
Plaintiff: Matthew Bromlow, Johnny Walters and Benny Stewart
Defendant: D & M Carriers, LLC, D & M Carriers, LLC doing business as Freymiller and Does 1-10
Case Number: 5:2020cv00195
Filed: March 3, 2020
Court: US District Court for the Western District of Oklahoma
Presiding Judge: Timothy D DeGiusti
Nature of Suit: Labor: Other
Cause of Action: 15 U.S.C. § 1938 Fair Labor Standards Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2023 Opinion or Order Filing 121 JUDGMENT. Signed by Chief Judge Timothy D. DeGiusti on 11/16/2023. (jee)
November 16, 2023 Opinion or Order Filing 120 MEMORANDUM DECISION- Plaintiffs claims under California law fail as a matter of law and thus Plaintiffs action must be dismissed. Signed by Chief Judge Timothy D. DeGiusti on 11/16/2023. (jee)
May 26, 2021 Opinion or Order Filing 119 NOTICE (other) by D & M Carriers, LLC re #107 Response to Motion, #103 CROSS MOTION for Ruling that California Law Does Not Apply, #109 Response in Support of Motion, #110 Reply of Supplemental Authority (Attachments: #1 Exhibit A - Int'l Bhd. of Teamsters v. FMCSA, 986 F.3d 841, 846 (9th Cir. 2021) Decision, #2 Exhibit B - Int'l Bhd. of Teamsters v. FMCSA, No. 18-73488 (Mar. 25, 2021) Order)(Hanson, James)
March 25, 2021 Opinion or Order Filing 118 NOTICE (other) by D & M Carriers, LLC re #103 CROSS MOTION for Ruling that California Law Does Not Apply of Supplemental Authority (Attachments: #1 Exhibit A - Bernstein v Virgin America Inc.)(Hanson, James)
February 3, 2021 Opinion or Order Filing 117 NOTICE (other) by Matthew Bromlow, Benny Stewart, Johnny Walters re #107 Response to Motion, #103 CROSS MOTION for Ruling that California Law Does Not Apply, #109 Response in Support of Motion, #110 Reply of Supplemental Authority (Attachments: #1 Exhibit A - Decision in Ward v. United Airlines, Inc., #2 Exhibit B - Decision in Oman v. Delta Air Lines, Inc.)(Helland, Matthew)
January 27, 2021 Opinion or Order Filing 116 ORDER withdrawing re #114 Order to Show Cause. Signed by Honorable Timothy D. DeGiusti on 1/27/2021. (mb)
January 21, 2021 Opinion or Order Filing 115 STIPULATION of Dismissal of Action Without Prejudice as to Defendants Does 1-10 by Matthew Bromlow, Johnny Walters. (Conlon, Nicholas)
January 13, 2021 Opinion or Order Filing 114 ORDER TO SHOW CAUSE Show Cause Response due by 2/1/2021.. Signed by Honorable Timothy D. DeGiusti on 1/13/2021. (mb)
January 7, 2021 Opinion or Order Filing 113 ORDER denying #111 Defendant's Motion for Leave to File a Supplemental Brief in Support of the Pending Cross Motion for Ruling that California Law Does Not Apply to D&M Carriers, LLC. Signed by Honorable Timothy D. DeGiusti on 1/7/2021. (mb)
January 5, 2021 Opinion or Order Filing 112 RESPONSE to Motion re #111 MOTION for Leave to File a Supplemental Brief in Support of the Pending Cross Motion for Ruling that California Law does not Apply to D&M Carriers, LLC filed by Matthew Bromlow, Johnny Walters. (Brome, Daniel)
December 28, 2020 Opinion or Order Filing 111 MOTION for Leave to File a Supplemental Brief in Support of the Pending Cross Motion for Ruling that California Law does not Apply to D&M Carriers, LLC by D & M Carriers, LLC. (Ross, Paul)
December 23, 2020 Opinion or Order Filing 110 REPLY by Plaintiffs Matthew Bromlow, Johnny Walters re #109 Response in Support of Motion Regarding Application of California Law filed by Matthew Bromlow, Johnny Walters. (Brome, Daniel)
December 9, 2020 Opinion or Order Filing 109 RESPONSE in Support re #103 CROSS MOTION for Ruling that California Law Does Not Apply filed by D & M Carriers, LLC. (Hanson, James)
December 4, 2020 Opinion or Order Filing 108 ANSWER to #106 Amended Complaint by D & M Carriers, LLC.(Hanson, James)
November 20, 2020 Opinion or Order Filing 107 RESPONSE to Motion re #103 CROSS MOTION for Ruling that California Law Does Not Apply filed by Matthew Bromlow, Johnny Walters. (Attachments: #1 Declaration of Nicholas Conlon, #2 Declaration of Matthew Bromlow, #3 Declaration of Johnny Walters)(Helland, Matthew)
November 20, 2020 Opinion or Order Filing 106 AMENDED COMPLAINT (Second) against D & M Carriers, LLC filed by Matthew Bromlow, Johnny Walters. (Attachments: #1 Exhibit Bromlow Trip Sheets, #2 Exhibit PAGA Letter, #3 Exhibit PAGA Filing Fee)(Conlon, Nicholas)
November 18, 2020 Opinion or Order Filing 105 ORDER of DISMISSAL re #104 Joint Motion to Dismiss. Benny Stewart is severed and dismissed with prejudice. Matthew Bromlow and Johnny Walters dismissed with prejudice by agreement of the parties. Bromlow and Walters are authorized to file an amended complaint within 7 days provided that the amendment shall omit all dismissed claims.. Signed by Honorable Timothy D. DeGiusti on 11/18/2020. (mb)
November 10, 2020 Opinion or Order Filing 104 JOINT MOTION to Dismiss Plaintiff Benny Stewart with Prejudice, to Dismiss Certain Claims with Prejudice, and for Leave to File a Second Amended Complaint by Matthew Bromlow, Benny Stewart, Johnny Walters. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Proposed Order)(Conlon, Nicholas)
November 6, 2020 Opinion or Order Filing 103 OPENING BRIEF REGARDING APPLICATION OF CALIFORNIA LAW TO PLAINTIFFS CLAIMS by D & M Carriers, LLC. (Attachments: #1 Declaration of James H. Hanson, #2 Declaration of Andrea Strano, #3 Declaration of Betsy Waldrop, #4 Declaration of David Duncan, #5 Declaration of Trish Tevlin)(Hanson, James) Modified on 10/6/2023 to reflect correct document title (ekw).
September 28, 2020 Opinion or Order Filing 102 REVISED JOINT STIPULATED PROTECTIVE ORDER. Signed by Honorable Timothy D. DeGiusti on 9/28/2020. (mb)
September 25, 2020 Opinion or Order Filing 101 JOINT MOTION for Protective Order Revised Joint Stipulated Protective Order by D & M Carriers, LLC. (Attachments: #1 Exhibit A- Revised Joint Stipulated Protective Order)(Hanson, James)
September 3, 2020 Opinion or Order Filing 100 ORDER denying #99 Joint Motion for Entry of Stipulated Protective Order. Signed by Honorable Timothy D. DeGiusti on 9/3/2020. (mb)
August 20, 2020 Opinion or Order Filing 99 FIRST MOTION for Protective Order Joint Stipulated Protective Order by D & M Carriers, LLC. (Attachments: #1 Exhibit A- Joint Stipulated Protective Order)(Hanson, James)
July 30, 2020 Opinion or Order Filing 98 SCHEDULING ORDER: Close of Initial Discovery Period: 10/9/2020; Defendants Opening Brief: 11/6/2020; Plaintiffs Opening and Response Brief: 11/20/2020; Defendants Response and Reply Brief: 12/9/2020; Plaintiffs Reply Brief: 12/23/2020. Signed by Honorable Timothy D. DeGiusti on 7/30/2020. (mb)
July 28, 2020 Opinion or Order Filing 97 NOTICE (other) by D & M Carriers, LLC re #96 Joint Status Report of Filing Proposed Scheduling Order (Attachments: #1 Attachment Proposed Scheduling Order)(Hanson, James)
July 20, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI)
July 13, 2020 Opinion or Order Filing 96 JOINT STATUS REPORT by Defendant D & M Carriers, LLC. (Hanson, James)
May 5, 2020 Opinion or Order Filing 95 ENTRY of Appearance by Nicholas R Conlon on behalf of Matthew Bromlow (Conlon, Nicholas)
May 5, 2020 Opinion or Order Filing 94 ENTRY of Appearance by Jason T Brown on behalf of Matthew Bromlow (Brown, Jason)
April 28, 2020 Opinion or Order Filing 93 ORDER granting #92 Joint Motion to Stay Case. All deadlines in this case are STAYED and the 5/7/2020 scheduling conference is STRICKEN pending the California Supreme Courts issuance of an opinion. The parties file a Joint Status Report within 14 days after the California Supreme Court issues its decision in the Airlinecases. Signed by Honorable Timothy D. DeGiusti on 4/28/2020. (mb)
April 27, 2020 Opinion or Order Filing 92 JOINT MOTION to Stay Case by D & M Carriers, LLC. (Hanson, James)
April 10, 2020 Opinion or Order Filing 91 ENTRY of Appearance by Daniel S Brome on behalf of Matthew Bromlow, Benny Stewart, Johnny Walters (Brome, Daniel)
April 9, 2020 Opinion or Order Filing 90 DOCKET: Scheduling Conference set for 5/7/2020 01:30 PM in Chambers before Honorable Timothy D. DeGiusti. Status Report due by 5/4/2020. (mb)
March 20, 2020 Opinion or Order Filing 89 ENTRY of Appearance by Russell J Taylor, Jr on behalf of D & M Carriers, LLC (Taylor, Russell)
March 20, 2020 Opinion or Order Filing 88 ENTRY of Appearance by Paul D Root on behalf of D & M Carriers, LLC (Root, Paul)
March 20, 2020 Opinion or Order Filing 87 ENTRY of Appearance by Karen B Reisinger on behalf of D & M Carriers, LLC (Reisinger, Karen)
March 20, 2020 Opinion or Order Filing 86 ENTRY of Appearance by James H Hanson on behalf of D & M Carriers, LLC (Hanson, James)
March 17, 2020 Opinion or Order Filing 85 ANSWER to Complaint by D & M Carriers, LLC.(Ross, Paul)
March 17, 2020 Opinion or Order Filing 84 ORDER granting #76 Motion to Appear Pro Hac Vice of Jason T. Brown. Signed by Honorable Timothy D. DeGiusti on 3/17/2020. (mb)
March 17, 2020 Opinion or Order Filing 83 ORDER granting #75 Motion to Appear Pro Hac Vice of Nicholas R. Conlon. Signed by Honorable Timothy D. DeGiusti on 3/17/2020. (mb)
March 17, 2020 Opinion or Order Filing 82 ORDER granting #74 Motion to Appear Pro Hac Vice of Karen B. Reisinger. Signed by Honorable Timothy D. DeGiusti on 3/17/2020. (mb)
March 17, 2020 Opinion or Order Filing 81 ORDER granting #73 Motion to Appear Pro Hac Vice of Paul D. Root. Signed by Honorable Timothy D. DeGiusti on 3/17/2002. (mb)
March 17, 2020 Opinion or Order Filing 80 ORDER granting #72 Motion to Appear Pro Hac Vice of Russell Jay Taylor, Jr.. Signed by Honorable Timothy D. DeGiusti on 3/17/2020. (mb)
March 17, 2020 Opinion or Order Filing 79 ORDER granting #71 Motion to Appear Pro Hac Vice of James H. Hanson. Signed by Honorable Timothy D. DeGiusti on 3/17/2020. (mb)
March 17, 2020 Opinion or Order Filing 78 ORDER granting #70 Motion to Appear Pro Hac Vice of Matthew C. Helland. Signed by Honorable Timothy D. DeGiusti on 3/17/2020. (mb)
March 17, 2020 Opinion or Order Filing 77 ORDER granting #69 Motion to Appear Pro Hac Vice of Daniel S. Brome. Signed by Honorable Timothy D. DeGiusti on 3/17/2020. (mb)
March 16, 2020 Opinion or Order Filing 76 MOTION for Leave to Appear Pro Hac Vice Jason T. Brown Filing fee $ 50, receipt number 1087-3119937 by All Plaintiffs. (Attachments: #1 Exhibit 1- Req form J. Brown)(Hammons, Mark)
March 16, 2020 Opinion or Order Filing 75 MOTION for Leave to Appear Pro Hac Vice Nicholas R. Conlon Filing fee $ 50, receipt number 1087-3119933 by All Plaintiffs. (Attachments: #1 Exhibit 1- Req form N. Conlon)(Hammons, Mark)
March 13, 2020 Opinion or Order Filing 74 MOTION for Leave to Appear Pro Hac Vice of Karen B. Reisinger Filing fee $ 50, receipt number 1087-3119371 by D & M Carriers, LLC. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice (Reisinger))(Ross, Paul)
March 13, 2020 Opinion or Order Filing 73 MOTION for Leave to Appear Pro Hac Vice of Paul D. Root Filing fee $ 50, receipt number 1087-3119370 by D & M Carriers, LLC. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice (Root))(Ross, Paul)
March 13, 2020 Opinion or Order Filing 72 MOTION for Leave to Appear Pro Hac Vice of Russell Jay Taylor, Jr. Filing fee $ 50, receipt number 1087-3119366 by D & M Carriers, LLC. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice (Taylor))(Ross, Paul)
March 13, 2020 Opinion or Order Filing 71 MOTION for Leave to Appear Pro Hac Vice of James H. Hanson Filing fee $ 50, receipt number 1087-3119345 by D & M Carriers, LLC. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice (Hanson))(Ross, Paul)
March 13, 2020 Opinion or Order Filing 70 MOTION for Leave to Appear Pro Hac Vice Matthew C. Helland Filing fee $ 50, receipt number 1087-3119210 by All Plaintiffs. (Attachments: #1 Exhibit 1- Req form for M. Helland)(Hammons, Mark)
March 13, 2020 Opinion or Order Filing 69 MOTION for Leave to Appear Pro Hac Vice for Attorney Daniel S. Brome Filing fee $ 50, receipt number 1087-3119200 by All Plaintiffs. (Attachments: #1 Exhibit 1- Req form for D. Brome)(Hammons, Mark)
March 13, 2020 Opinion or Order Filing 68 ENTRY of Appearance by Mark E Hammons on behalf of All Plaintiffs (Hammons, Mark)
March 13, 2020 Opinion or Order Filing 67 ENTRY of Appearance by Paul A Ross on behalf of D & M Carriers, LLC (Ross, Paul)
March 13, 2020 Opinion or Order Filing 66 ENTRY of Appearance by Paige H Good on behalf of D & M Carriers, LLC (Good, Paige)
March 4, 2020 Opinion or Order Filing 65 Case transferred in from District of Oklahoma Northern; Case Number 4:20-cv-00062.
March 2, 2020 Opinion or Order Filing 64 MINUTE ORDER by Chief Judge John E Dowdell Defendant's Unopposed Motion to Transfer Case to the United States District Court for the Western District of Oklahoma (Doc. 60) is granted. ; transferring case (terminates case) ; granting #60 Motion to Transfer Case to Other District (Re: #51 Case Transferred from Another District ) (This entry is the Official Order of the Court. No document is attached.) (SAS, Chambers) [Transferred from Oklahoma Northern on 3/4/2020.]
February 26, 2020 Opinion or Order Filing 63 Amended CERTIFICATE of Service (Re: #60 Unopposed MOTION to Transfer Case to Other District , #61 Unopposed MOTION for Extension of Time to Answer or otherwise respond, #59 Appearance - Attorney, #58 Appearance - Attorney ) by D & M Carriers, LLC (Ross, Paul) [Transferred from Oklahoma Northern on 3/4/2020.]
February 26, 2020 Opinion or Order Filing 62 ORDER by Chief Judge John E Dowdell granting Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond (Doc. 61). ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 3/17/2020); granting #61 Motion for Extension of Time to Answer (Re: #1 Complaint, ) (SAS, Chambers) [Transferred from Oklahoma Northern on 3/4/2020.]
February 25, 2020 Opinion or Order Filing 61 Unopposed MOTION for Extension of Time to Answer or otherwise respond (Re: #35 Amended Complaint, ) by D & M Carriers, LLC (Ross, Paul) [Transferred from Oklahoma Northern on 3/4/2020.]
February 25, 2020 Opinion or Order Filing 60 Unopposed MOTION to Transfer Case to Other District by D & M Carriers, LLC (Ross, Paul) [Transferred from Oklahoma Northern on 3/4/2020.]
February 25, 2020 Opinion or Order Filing 59 ATTORNEY APPEARANCE by Paige Hoster Good on behalf of D & M Carriers, LLC [Note: Attorney Paige Hoster Good added to party D & M Carriers, LLC(pty:dft).] (Good, Paige) [Transferred from Oklahoma Northern on 3/4/2020.]
February 25, 2020 Opinion or Order Filing 58 ATTORNEY APPEARANCE by Paul Aaron Ross on behalf of D & M Carriers, LLC [Note: Attorney Paul Aaron Ross added to party D & M Carriers, LLC(pty:dft).] (Ross, Paul) [Transferred from Oklahoma Northern on 3/4/2020.]
February 14, 2020 Opinion or Order Filing 57 LETTER re: Local Counsel Requirement sent to James H. Hanson & R. Jay Taylor, Jr. (sc, Dpty Clk) [Transferred from Oklahoma Northern on 3/4/2020.]
February 14, 2020 Opinion or Order Filing 56 LETTER re: Local Counsel Requirement sent to Christopher Chad McNatt, Jr. & Megan E Ross (sc, Dpty Clk) [Transferred from Oklahoma Northern on 3/4/2020.]
February 14, 2020 Opinion or Order Filing 55 LETTER re: Local Counsel Requirement sent to Jason T. Brown, Lotus Cannon & Nicholas Raymond Conlon (sc, Dpty Clk) [Transferred from Oklahoma Northern on 3/4/2020.]
February 14, 2020 Opinion or Order Filing 54 LETTER re: Local Counsel Requirement sent to Matthew C. Helland & Daniel S. Brome (sc, Dpty Clk) [Transferred from Oklahoma Northern on 3/4/2020.]
February 14, 2020 Opinion or Order Filing 53 MINUTE ORDER by Court Clerk , directing D & M Carriers, LLC to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk) [Transferred from Oklahoma Northern on 3/4/2020.]
February 14, 2020 Opinion or Order Filing 52 MINUTE ORDER by Court Clerk , changing case number to 20-CV-62-JED-FHM (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk) [Transferred from Oklahoma Northern on 3/4/2020.]
February 14, 2020 Opinion or Order Filing 51 CASE TRANSFERRED IN from California Northern [Transferred from Oklahoma Northern on 3/4/2020.]
February 11, 2020 Opinion or Order Filing 50 ORDER GRANTING #41 MOTION to Transfer Case AND DENYING AS MOOT #40 MOTION to Dismiss for Lack of Jurisdiction. Signed by Judge Jeffrey S. White on 2/11/20. (jjoS, COURT STAFF) (Filed on 2/11/2020) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
February 10, 2020 Opinion or Order Filing 49 NOTICE of Pendency of Other Action Involving Same Patent by D & M Carriers, LLC (Attachments: #1 Declaration of James H. Hanson, #2 Exhibit A - February 10, 2020 Docket of Galloway v. D&M Carriers, LLC, No. CIVDS2003653, #3 Exhibit B - First Amended Class Action Complaint filed on January 14, 2020, No. CIVDS1935995, #4 Exhibit C - Notice of Removal filed on January 27, 2020 in Galloway Original Case, #5 Exhibit D - Plaintiffs' Notice of Voluntary Dismissal filed on January 29, 2020 in Galloway Original Case, #6 Exhibit E - Representative Action Complaint filed on February 3, 2020 in Galloway PAGA Case)(Hanson, James) (Filed on 2/10/2020) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
February 7, 2020 Opinion or Order Filing 48 Amended Certificate of Interested Entities by D & M Carriers, LLC identifying Corporate Parent OBS Holdings, LLC for D & M Carriers, LLC. re #13 Certificate of Interested Entities (Hanson, James) (Filed on 2/7/2020) Modified on 2/10/2020 (jlmS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
January 8, 2020 Opinion or Order Filing 47 CLERK'S NOTICE VACATING HEARING ON #40 MOTION TO DISMISS AND #41 MOTION TO TRANSFER (jjoS, COURT STAFF) (Filed on 1/8/2020) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
January 7, 2020 Opinion or Order Filing 46 NOTICE of Change In Counsel by Christopher Chad McNatt, Jr counsel for Defendant D&M Carriers, LLC dba Freymiller (McNatt, Christopher) (Filed on 1/7/2020) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
January 3, 2020 Opinion or Order Filing 45 REPLY (re #41 MOTION to Transfer Case ) filed byD & M Carriers, LLC. (Hanson, James) (Filed on 1/3/2020) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
January 3, 2020 Opinion or Order Filing 44 REPLY (re #40 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue ) filed byD & M Carriers, LLC. (Hanson, James) (Filed on 1/3/2020) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
December 17, 2019 Opinion or Order Filing 43 OPPOSITION/RESPONSE (re #41 MOTION to Transfer Case ) filed byMatthew Bromlow, Benny Stewart, Johnny Walters. (Attachments: #1 Declaration Matthew Bromlow, #2 Declaration Benny Stewart, #3 Declaration Johnny Walters)(Helland, Matthew) (Filed on 12/17/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
December 17, 2019 Opinion or Order Filing 42 OPPOSITION/RESPONSE (re #40 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue ) filed byMatthew Bromlow, Benny Stewart, Johnny Walters. (Attachments: #1 Declaration (Matthew Bromlow Decl. Ex. A), #2 Declaration (Benny Stewart Decl.), #3 Declaration (Johnny Walter Decl. Exh. A))(Helland, Matthew) (Filed on 12/17/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
December 17, 2019 Opinion or Order #Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings (4:19- cv-05358-JSW) Re: #43 Opposition/Response to Motion, filed by Benny Stewart, Johnny Walters, Matthew Bromlow. (cjlS, COURT STAFF) (Filed on 12/17/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 26, 2019 Opinion or Order Filing 41 MOTION to Transfer Case filed by D & M Carriers, LLC. Motion Hearing set for 1/17/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 12/17/2019. Replies due by 1/3/2020. (Attachments: #1 Declaration of Andrea Strano, #2 Declaration of Betsy Waldrop, #3 Declaration of David Duncan, #4 Declaration of Trish Tevlin, #5 Proposed Order Granting Motion to Transfer)(Hanson, James) (Filed on 11/26/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 26, 2019 Opinion or Order Filing 40 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by D & M Carriers, LLC. Motion Hearing set for 1/17/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 12/17/2019. Replies due by 1/3/2020. (Attachments: #1 Declaration of Andrea Strano, #2 Declaration of David Duncan, #3 Declaration of Betsy Waldrop, #4 Declaration of Trish Tevlin, #5 Proposed Order)(Hanson, James) (Filed on 11/26/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 8, 2019 Opinion or Order Filing 39 ORDER by Judge Jeffrey S. White granting as modified #36 Stipulation to Extend Defendants time to Respond to Plaintiffs First Amended Complaint and Continue Case Management Conference. Motions due by 11/26/2019. Replies due by 1/3/2020. Responses due by 12/17/2019. Motion Hearing set for 1/17/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 11/8/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 7, 2019 Opinion or Order Filing 38 Notice of Withdrawal of #29 Motion to Transfer Venue Under 28 U.S.C. Section 1404(a). (Hanson, James) (Filed on 11/7/2019) Modified on 11/8/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 7, 2019 Opinion or Order Filing 37 Notice of Withdrawal of #28 Motion to Dismiss Under FRCP 12(b)(2) and 12(b)(3). (Hanson, James) (Filed on 11/7/2019) Modified on 11/8/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 7, 2019 Opinion or Order Filing 36 STIPULATION WITH [PROPOSED] ORDER to Extend Defendants time to Respond to Plaintiffs First Amended Complaint and Continue Case Management Conference filed by Matthew Bromlow, Benny Stewart, Johnny Walters, D & M Carriers, LLC. (Helland, Matthew) (Filed on 11/7/2019) Modified on 11/8/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 6, 2019 Opinion or Order Filing 35 FIRST AMENDED CLASS ACTION COMPLAINT (with jury demand) against D & M Carriers, LLC. Filed by Matthew Bromlow, Johnny Walters, Benny Stewart. (Attachments: #1 Exhibit A to First Amended Complaint, #2 Exhibit B to First Amended Complaint, #3 Exhibit C to First Amended Complaint)(Helland, Matthew) (Filed on 11/6/2019) Modified on 11/7/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 4, 2019 Opinion or Order Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Johnny Walters (Helland, Matthew) (Filed on 11/4/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 4, 2019 Opinion or Order Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Matthew Bromlow (Helland, Matthew) (Filed on 11/4/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
November 4, 2019 Opinion or Order Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by D&M Carriers, LLC d/b/a Freymiller (Hanson, James) (Filed on 11/4/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
October 25, 2019 Opinion or Order Filing 31 [Proposed] Order Granting #29 MOTION to Transfer Case Under 28 U.S.C. 1404(a) by D & M Carriers, LLC. (Hanson, James) (Filed on 10/25/2019) Modified on 10/28/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
October 25, 2019 Opinion or Order Filing 30 [Proposed] Order Granting #28 MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(2) and MOTION to Dismiss for Improper Venue under Rule 12(b)(3) by D & M Carriers, LLC. (Hanson, James) (Filed on 10/25/2019) Modified on 10/28/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
October 24, 2019 Opinion or Order Filing 29 MOTION to Transfer Case Under 28 U.S.C. 1404(a) filed by D & M Carriers, LLC. Motion Hearing set for 12/6/2019 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 11/7/2019. Replies due by 11/14/2019. (Attachments: #1 Exhibit A-Declaration of Andrea Strano, #2 Exhibit B-Declaration of David Duncan, #3 Exhibit C-Declaration of Trish Tevlin)(Hanson, James) (Filed on 10/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
October 24, 2019 Opinion or Order Filing 28 MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(2), MOTION to Dismiss for Improper Venue under Rule 12(b)(3) filed by D & M Carriers, LLC. Motion Hearing set for 12/6/2019 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 11/7/2019. Replies due by 11/14/2019. (Attachments: #1 Exhibit A-Declaration of Andrea Strano, #2 Exhibit B-Declaration of David Duncan, #3 Exhibit C-Declaration of Trish Tevlin)(Hanson, James) (Filed on 10/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 27, 2019 Opinion or Order Filing 27 Proof of Service Summons and Complaint of Defendant D & M Carriers, LLC dba Freymiller by Matthew Bromlow, Johnny Walters. (Helland, Matthew) (Filed on 9/27/2019) Modified on 9/30/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 27, 2019 Opinion or Order Filing 26 ORDER by Judge Jeffrey S. White granting #22 Motion for Pro Hac Vice as to R. Jay Taylor, Jr.. (jjoS, COURT STAFF) (Filed on 9/27/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 27, 2019 Opinion or Order Filing 25 ORDER by Judge Jeffrey S. White granting #24 Motion for Pro Hac Vice as to James H. Hanson. (jjoS, COURT STAFF) (Filed on 9/27/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 26, 2019 Opinion or Order Filing 24 MOTION for leave to appear in Pro Hac Vice Re: James H. Hanson (CORRECTION OF DOCKET #23 ) (Filing fee $310, receipt number 0971-13739929.) Filing fee previously paid on 09/26/2019 filed by D & M Carriers, LLC. (Hanson, James) (Filed on 9/26/2019) Modified on 9/27/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 26, 2019 Opinion or Order Filing 23 ***SEE DOCKET ENTRY #24 FOR CORRECTED ENTRY*** MOTION for leave to appear in Pro Hac Vice as to James H. Hanson ( Filing fee $ 310, receipt number 0971-13739929.) filed by D & M Carriers, LLC. (Taylor, R.) (Filed on 9/26/2019) Modified on 9/27/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 26, 2019 Opinion or Order Filing 22 MOTION for leave to appear in Pro Hac Vice as to R. Jay Taylor, Jr. (Filing fee $ 310, receipt number 0971-13739880) filed by D & M Carriers, LLC. (Taylor, R.) (Filed on 9/26/2019) Modified on 9/27/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 26, 2019 Opinion or Order Filing 21 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 9/26/19. Joint Case Management Statement due by 11/29/2019. Initial Case Management Conference set for 12/6/2019 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 9/26/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 25, 2019 Opinion or Order Filing 20 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 9/25/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/25/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 19 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 18 ORDER by Magistrate Judge Sallie Kim granting #10 Motion for Pro Hac Vice as to Lotus Cannon. (mklS, COURT STAFF) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 17 ORDER by Magistrate Judge Sallie Kim granting #9 Motion for Pro Hac Vice as to Jason T. Brown. (mklS, COURT STAFF) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 16 ORDER by Magistrate Judge Sallie Kim granting #8 Motion for Pro Hac Vice as to Nicholas R. Conlon. (mklS, COURT STAFF) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by D & M Carriers, LLC.. (McNatt, Christopher) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 14 STIPULATION re #1 Complaint Joint Stipulation to Extend Responsive Pleading Deadline filed by D & M Carriers, LLC. (McNatt, Christopher) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 13 Certificate of Interested Entities by D & M Carriers, LLC (McNatt, Christopher) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 12 NOTICE of Appearance by Christopher Chad McNatt, Jr on behalf of Defendant D & M Carriers, LLC dba Freymiller (McNatt, Christopher) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 11 NOTICE of Appearance by Megan E. Ross on behalf of Defendant D & M Carriers, LLC dba Freymiller (Ross, Megan) (Filed on 9/24/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 19, 2019 Opinion or Order Filing 10 MOTION for Leave to Appear in Pro Hac Vice Lotus Cannon, (Filing Fee: $310.00, receipt number 0971-13720115) filed by Matthew Bromlow, Johnny Walters. (Helland, Matthew) (Filed on 9/19/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 19, 2019 Opinion or Order Filing 9 MOTION for Leave to Appear in Pro Hac Vice for Jason T. Brown, (Filing Fee: $310.00, receipt number 0971-13720087) filed by Matthew Bromlow, Johnny Walters. (Helland, Matthew) (Filed on 9/19/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 19, 2019 Opinion or Order Filing 8 MOTION for leave to appear in Pro Hac Vice for Nicholas R. Conlon ( Filing fee $ 310, receipt number 0971-13719980.) filed by Matthew Bromlow, Johnny Walters. (Helland, Matthew) (Filed on 9/19/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 10, 2019 Opinion or Order Filing 7 Certificate of Interested Entities or Persons filed by Matthew Bromlow, Johnny Walters (Helland, Matthew) (Filed on 9/10/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
September 10, 2019 Opinion or Order Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Matthew Bromlow, Johnny Walters.. (Helland, Matthew) (Filed on 9/10/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
August 27, 2019 Opinion or Order Filing 5 Summons Issued as to D & M Carriers, LLC dba Freymiller. (aaaS, COURT STAFF) (Filed on 8/27/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
August 27, 2019 Opinion or Order Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 11/18/2019. Initial Case Management Conference set for 11/25/2019 01:30 PM. Signed by Magistrate Judge Sallie Kim on 08/27/19. (aaaS, COURT STAFF) (Filed on 8/27/2019) (Additional attachment(s) added on 8/27/2019: #1 Notice of Eligibility) (aaaS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
August 27, 2019 Opinion or Order Filing 3 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/10/2019. (as, COURT STAFF) (Filed on 8/27/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
August 26, 2019 Opinion or Order #Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: #1 Complaint filed by Johnny Walters, Matthew Bromlow The Correct Cause of Act ion is 28:1332(d) Not Miscellaneous. (aaaS, COURT STAFF) (Filed on 8/26/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
August 26, 2019 Opinion or Order Filing 2 Proposed Summons. (Helland, Matthew) (Filed on 8/26/2019) [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]
August 26, 2019 Opinion or Order Filing 1 CLASS ACTION COMPLAINT; against D & M Carriers, LLC dba Freymiller. Filed byMatthew Bromlow, Johnny Walters. (Attachments: #1 Civil Cover Sheet)(Helland, Matthew) (Filed on 8/26/2019) Modified on 8/27/2019 (aaaS, COURT STAFF). [Transferred from California Northern on 2/14/2020.] [Transferred from Oklahoma Northern on 3/4/2020.]

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Search for this case: Bromlow et al v. D & M Carriers, LLC
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Plaintiff: Matthew Bromlow
Represented By: Matthew C Helland
Represented By: Daniel S Brome
Represented By: Jason T Brown
Represented By: Mark E Hammons
Represented By: Nicholas R Conlon
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Plaintiff: Johnny Walters
Represented By: Matthew C Helland
Represented By: Daniel S Brome
Represented By: Mark E Hammons
Represented By: Nicholas R Conlon
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Plaintiff: Benny Stewart
Represented By: Matthew C Helland
Represented By: Daniel S Brome
Represented By: Mark E Hammons
Represented By: Nicholas R Conlon
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Defendant: D & M Carriers, LLC
Represented By: Christopher Chad McNatt, Jr
Represented By: Paige H Good
Represented By: Paul A Ross
Represented By: Paul D Root
Represented By: Karen B Reisinger
Represented By: Russell J Taylor, Jr
Represented By: James H Hanson
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Defendant: D & M Carriers, LLC doing business as Freymiller
Represented By: Christopher Chad McNatt, Jr
Represented By: Paige H Good
Represented By: Paul A Ross
Represented By: James H Hanson
Represented By: Karen B Reisinger
Represented By: Paul D Root
Represented By: Russell J Taylor, Jr
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Defendant: Does 1-10
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