WALSH v. SERENITYCARE LLC et al
| MARTIN J. WALSH |
| SERENITYCARE LLC doing business as SERENITYCARE and KELLEY OLIVER-HOLLIS |
| 2:2022cv01028 |
| July 15, 2022 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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Filing 24
MOTION to Approve Consent Judgment by MARTIN J. WALSH. (Attachments: #1 Consent Judgment, #2 Exhibit "A") (Castillo, Maria del Pilar)
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Filing 23
ORDER ON PRELIMINARY INJUNCTION HEARING. IT IS HEREBY ORDERED as following: Preliminary Injunction Hearing set for 10/11/2022 at 10:00 AM; Plaintiff's Witness List due by 9/27/2022; Defendants' Witness List due by 10/3/2022; Exchange of All Exhibits due by close of business on 10/3/2022; Joint Electric Binder due by 10/3/2022; Joint Stipulations due by close of business on 10/3/2022 as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 9/12/2022. (jmm)
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Filing 22
REPLY to Response to Motion re #14 Response to Motion and #21 Supplement to Response to Motion for Preliminary Injunction filed by MARTIN J. WALSH. (Kumar, Aditi) Modified on 9/6/2022 to add document linkage (ctb).
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Filing 21
SUPPLEMENTAL RESPONSE IN OPPOSITION to #3 Motion for TRO, filed by SERENITYCARE LLC. (Attachments: #1 Exhibit) (av)
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Filing 20
ORDER SETTING INITIAL SCHEDULING CONFERENCE: Initial Case Management Conference set for 9/20/2022 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Rule 26 Meeting to be conducted on or before 9/6/2022. Rule 26 Meeting Report and ADR Stipulation due by 9/13/2022. Signed by Judge Christy Criswell Wiegand on 8/23/2022. (jmm)
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Filing 19
ORDER ON PRELIMINARY INJUNCTION BRIEFING SCHEDULE: IT IS HEREBY ORDERED as follows: Defendant KELLEY OLIVER-HOLLIS's Brief in Opposition to #3 Motion for Preliminary Injunction due by 8/30/2022; Plaintiff's Reply Brief in Support of #3 Motion is due by 9/6/2022 as more fully set forth by said order. Signed by Judge Christy Criswell Wiegand on 8/23/2022. (jmm)
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Filing 18
NOTICE TO THE PARTIES REGARDING UNREPRESENTED ENTITIES. Through this Notice, the Court is notifying the parties that any pleading, briefing, or appearance from Ms. KELLEY OLIVER-HOLLIS will be limited to her representation of herself pro se, and not be construed as a pleading, briefing, or appearance on behalf of SERENITYCARE LLC as more fully stated in said Notice. (jmm)
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Filing 17
Minute Entry for Telephonic Status Conference before Judge Christy Criswell Wiegand held on 8/23/2022. (Court Reporter: Amanda Williamson) (jmm)
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Filing 15
ORDER SCHEDULING STATUS CONFERENCE on Plaintiff's Motion for Preliminary Injunction. In light of the Court's prior order, ECF No. 8, deferring action on Plaintiff's Motion for Preliminary Injunction, ECF No. 3, and given the fact that Defendant, who appears to be proceeding pro se, has filed both an Answer to the Complaint and a Response to the Motion for Preliminary Injunction, ECF Nos. 13 & 14, IT IS HEREBY ORDERED that a telephonic status conference before the undersigned is scheduled for 8/23/2022 at 10:00 AM. Participants are directed to use the dial-in information provided at ECF No. 7. IT IS FURTHER ORDERED that prior to the status conference, the parties shall meet and confer (1) to discuss the possibility of a consent order to maintain the status quo during the pendency of this case and, therefore, obviate the need for Plaintiff's motion and (2) potential settlement in this case given Defendant's Answer to the Complaint requests a settlement, see ECF No. 13. Signed by Judge Christy Criswell Wiegand on 8/12/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmh)
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Filing 14
RESPONSE to #3 MOTION for Temporary Restraining Order filed by KELLEY OLIVER-HOLLIS. (av)
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Filing 13
ANSWER to #1 Complaint by KELLEY OLIVER-HOLLIS. (av)
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Filing 12
SUMMONS/Return of Service Returned Executed by MARTIN J. WALSH. KELLEY OLIVER-HOLLIS served on 7/23/2022, answer due 8/15/2022; SERENITYCARE LLC served on 7/23/2022, answer due 8/15/2022. (av)
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Filing 11
ORDER GRANTING #10 Motion for Aditi Kumar to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 7/26/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 10
MOTION for attorney Aditi Kumar to Appear Pro Hac Vice, (Filing fee $70 by MARTIN J. WALSH. (Attachments: #1 Affidavit Affidavit of Counsel, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Kumar, Aditi)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re 9 Affidavit of Service. ERROR: Wrong event selected. CORRECTION: Re-docketed as SUMMONS/Return of Service Returned Executed. This message is for informational purposes only. (av)
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Filing 8
ORDER re Plaintiff's #3 Motion for Temporary Restraining Order and Preliminary Injunction. Under Fed. R. Civ. P. 65(b)(1), the Court may issue a TRO without written or oral notice to the adverse party only if (1) "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and (2) "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Further, pursuant to Section III.C of the undersigned's Practices and Procedures (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Interim_Practices_Oct_2020.pdf), "[c]onsistent with Rule 65, the Court will not issue a temporary restraining order: (1) when the opposing party has been served; (2) when the motion provides no certification indicating that prompt service cannot be accomplished; or (3) when the motion is unaccompanied by an affidavit or verified complaint consistent with Rule 65(b)(1)(A)." Because it appears to the Court that Plaintiff has, in fact, attempted to provide notice to Defendants regarding the Motion, see ECF No. 3 at 2 n.1 (Plaintiff's counsel certifying that she "attempted to contact to ]Defendant] Kelley Oliver-Hollis by phone by July 13, 2022 to provide notice of this filing, but could not get in touch" and that "left a voice message for Ms. Oliver-Hollis with [her] contact information." ), the Court will deny Plaintiff's Motion to the extent it seeks a TRO without further notice or opportunity to be heard by Defendants. However, the Court will consider the motion for preliminary injunction and will move promptly on that request for relief once Defendants have notice and enter an appearance in this case. Signed by Judge Christy Criswell Wiegand on 7/18/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 7
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jmm)
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Filing 6
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 7/18/2022. (jmm)
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Filing 5
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jmm)
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Filing 4
BRIEF in Support re #3 Motion for TRO filed by MARTIN J. WALSH. (Attachments: #1 Appendix Table of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Castillo, Maria del Pilar) Modified on 7/19/2022 (ijh).
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Filing 3
MOTION for Temporary Restraining Order and Preliminary Injunction by MARTIN J. WALSH. (Attachments: #1 Proposed Order) (Castillo, Maria del Pilar) Modified to correctly reflect the document's title in the docket text on 8/23/2022 (jmm).
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Filing 2
Summons Issued as to KELLEY OLIVER-HOLLIS, SERENITYCARE LLC (Attachments: #1 Summons Oliver-Hollis) (keh)
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Filing 1
COMPLAINT against SERENITYCARE LLC, KELLEY OLIVER-HOLLIS,, filed by MARTIN J. WALSH. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Schedule A) (keh)
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