WHEELER v. APEX ENERGY SERVICE, LLC et al
| RANDY WHEELER |
| ADAM BARBOUR and APEX ENERGY SERVICE, LLC |
| 2:2020cv01916 |
| December 15, 2020 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 Case transferred in from District of Ohio Southern; Case Number 2:20-cv-00024. Original file certified copy of transfer order and docket sheet received. |
Filing 36
ORDER - The Court TRANSFERS this action to the District Court for the Western District of Pennsylvania pursuant to 28U.S.C. 1404(a). Signed by Judge Michael H. Watson on 12/9/2020. (jk)
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| Case transferred to District of Western District of Pennsylvania. Case file and docket sheet sent Electronically. (jk) |
| Filing 35 NOTICE by Plaintiff Randy Wheeler STIPULATION TO TRANSFER TO DISTRICT COURT FOR WESTERN DISTRICT OF PENNSYLVANIA (Wido, Christopher) |
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Filing 34
NOTATION ORDER granting #33 Motion to Extend Briefing Deadline by One Week. Signed by Magistrate Judge Kimberly A. Jolson on 12/1/20. (jr)
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| Set/Reset Deadlines as to #32 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 12/10/2020 (jr) |
| Filing 33 Unopposed MOTION for Extension of Time New date requested 12/10/2020. by Plaintiff Randy Wheeler. (Wido, Christopher) |
| Filing 32 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Apex Energy Service, LLC, Adam Barbour. (Streb, Joseph) |
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Filing 31
ORDER granting #29 Motion to Withdraw as to Attorney Tina Scibona and #30 Motion to Strike. Signed by Magistrate Judge Kimberly A. Jolson on 10/29/2020. (ew)
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| Filing 30 MOTION to Strike #28 Application to enter Default by Defendants Apex Energy Service, LLC, Adam Barbour. (Streb, Joseph) |
| Filing 29 MOTION for Order to withdraw attorney Tina Scibona by Plaintiff Randy Wheeler. (Wido, Christopher) |
| Filing 28 STRICKEN per #31 . Application to Clerk for entry of default against Apex Energy Services ; Adam Barbour (Attachments: #1 Affidavit Declaration of Chris P. Wido) (Wido, Christopher) Modified on 10/29/2020 (ew). |
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Filing 27
ORDER striking #14 , #22 , #23 and #24 . Signed by Judge Michael H. Watson on 10/21/2020. (jk)
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| Filing 26 NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in November 2020. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 10/1/2020. (kk2)In light of the COVID-19 pandemic, all in-person mediations are postponed; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference. |
| Filing 25 Proposed Pretrial Order Stipulated Protective Order by Defendant Apex Energy Service, LLC. (Streb, Joseph) |
| Filing 24 STRICKEN per #27 . MOTION to Strike #23 Reply to Response to Motion or in the Alternative for Leave to File Sur-Reply Instanter by Plaintiff Randy Wheeler. (Attachments: #1 Exhibit Sur-Reply in Opposition) (Scibona, Tina) Modified text on 5/18/2020 (ew). Modified on 10/22/2020 (ew). |
| Filing 23 STRICKEN per #27 . REPLY to Response to Motion re #14 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Apex Energy Service, LLC, Adam Barbour. (Streb, Joseph) Modified on 10/22/2020 (ew). |
| Filing 22 STRICKEN per #27 . RESPONSE in Opposition re #14 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Randy Wheeler. (Scibona, Tina) Modified on 10/22/2020 (ew). |
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Filing 21
SCHEDULING ORDER: The Pretrial Conference set for 5/6/2020 is VACATED. Case is referred to Mediation in November 2020. Case referred to Clerk for assignment of mediator. Joinder of Parties and Motions to Amend due by 6/26/2020. Initial Disclosures due by 6/10/2020. Discovery due by 11/16/2020. Protective Order or Clawback Agreement due by 5/30/2020. Dispositive Motions due by 1/15/2021. Primary Expert due by 12/4/2020. Rebuttal Expert due by 1/8/2021. Settlement Demand due by 4/29/2020. Response to Settlement Demand due by 5/6/2020. Signed by Magistrate Judge Kimberly A. Jolson on 4/30/2020. (Attachments: #1 Exhibit A) (ew)
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| Filing 20 RULE 26(f) REPORT by Plaintiff Randy Wheeler. (Scibona, Tina) |
| Set/Reset Deadlines as to #14 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Responses due by 5/7/2020 (kk2) |
| Filing 19 Plaintiff's unopposed Motion for Extension of Time (Doc. #18 ) is GRANTED. Plaintiff shall file his response to Defendants' Motion to Dismiss on or before May 7, 2020. Signed by Magistrate Judge Kimberly A. Jolson on 4/22/2020. (KAJ) |
| Filing 18 MOTION for Extension of Time to File Response/Reply New date requested 5/7/2020. by Plaintiff Randy Wheeler. (Scibona, Tina) |
| Filing 17 STIPULATION Move or Plead by Defendants Apex Energy Service, LLC, Adam Barbour. (Streb, Joseph) |
| Filing 16 NOTICE of Hearing: Pretrial Conference set for 5/6/2020 @ 2:00 PM before Magistrate Judge Kimberly A. Jolson. (jr) |
| Filing 15 Corporate Disclosure Statement by Defendant Apex Energy Service, LLC. (Streb, Joseph) |
| Filing 14 STRICKEN per #27 . First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Apex Energy Service, LLC, Adam Barbour. (Streb, Joseph) Modified on 10/22/2020 (ew). |
| Filing 13 NOTICE of Appearance by Joseph Scott Streb for Defendants Apex Energy Service, LLC, Adam Barbour (Streb, Joseph) |
| Filing 12 CERTIFICATE of Mailing by Clerk. The Clerk of the United States District Court, Southern District of Ohio, mailed a copy of the Summons and Complaint via regular mail on March 30, 2020 to the following Defendant: Adam Barbour,55478 Barnes Road, Martins Ferry, OH 43935. (mdr) |
| Filing 11 SUMMONS Returned Executed as to Defendant Apex Energy Service, LLC. Served on 3/2/2020. (ew) |
| Filing 10 CERTIFICATE of Mailing by Clerk: The complaint and alias summons were sent by certified mail to Defendant Apex Energy Service, LLC. (ew) |
| Filing 9 Summons Returned Unexecuted as to Adam Barbour. (er) |
| Filing 8 Alias Summons Issued as to Apex Energy Service, LLC. (ew) |
| Filing 7 REQUEST for Issuance of Summons. - Alias for Apex Energy Service, LLC (Scibona, Tina) |
| Filing 6 Summons Returned Unexecuted as to Apex Energy Service, LLC. (ew) |
| Filing 5 Letter from InCorp Services, Inc. (Attachments: #1 Envelope) (ew) |
| Filing 4 SUMMONS Returned Executed as to Defendant Apex Energy Service, LLC c/o InCorp Services Inc., Statutory Agent. Served on 1/15/2020. Answer due 2/5/2020. (ew) |
| Filing 3 CERTIFICATE of Mailing by Clerk: The complaint and issued summons were sent by certified mail to Defendants. (ew) |
| Filing 2 Summons Issued as to Apex Energy Service, LLC and Adam Barbour. (ew) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7263715), filed by Randy Wheeler. (Attachments: #1 Civil Cover Sheet Civil Cover, #2 Summons Form Summons x3) (Scibona, Tina) |
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