MCCARTHY v. ARG RESOURCES OF GEORGIA, LLC et al
Plaintiff: ALLEN MCCARTHY
Defendant: ARG RESOURCES OF GEORGIA, LLC doing business as ARBY'S #42, REBECCA KELLEY and JIMMY MCCLINTON
Case Number: 2:2023cv02170
Filed: December 29, 2023
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Robert J Colville
Referring Judge: W Scott Hardy
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relatio
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2024 Opinion or Order Filing 12 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Telephonic Initial Case Management set for 3/25/2024 at 10:30 AM before Judge Robert J. Colville. Dial In Information can be found at ECF #6 . ADR Stipulation and Rule 26f Report due by 3/11/2024. Joint Pre Conference Statement due by 3/20/2024. Details more fully stated in the order. Signed by Judge Robert J. Colville on 2/16/24. (Attachments: #1 1: Stipulation Selecting ADR, #2 2: Rule 26(f) form) (cjo)
February 14, 2024 Filing 11 Disclosure Statement identifying ARG Resources of Georgia, LLC as corporate parent or other affiliate, declaring citizenship by ARG RESOURCES OF GEORGIA, LLC. (Patak, Terri)
February 14, 2024 Filing 10 ANSWER to Complaint with Affirmative Defenses by ARG RESOURCES OF GEORGIA, LLC, REBECCA KELLEY, JIMMY MCCLINTON. (Patak, Terri)
January 31, 2024 Opinion or Order Filing 9 ORDER granting #8 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal, filed by ARG RESOURCES OF GEORGIA, LLC, JIMMY MCCLINTON, REBECCA KELLEY . Defendants' Answer or Response is due by 2/14/2024. Signed by Judge Robert J. Colville on 1/31/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
January 31, 2024 Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal,, filed by ARG RESOURCES OF GEORGIA, LLC, JIMMY MCCLINTON, REBECCA KELLEY by ARG RESOURCES OF GEORGIA, LLC, REBECCA KELLEY, JIMMY MCCLINTON. (Attachments: #1 Proposed Order) (Patak, Terri)
January 3, 2024 Filing 7 Stipulation for Extension of Time to Answer by ARG RESOURCES OF GEORGIA, LLC, REBECCA KELLEY, JIMMY MCCLINTON. Answer due from ARG Resources of Georgia, LLC, d/b/a Arbys #42; Rebecca Kelley; and Jimmy McClinton on January 31, 2024. (Patak, Terri). Modified text on 1/3/2024 to list names of Defendants and include answer due date. (dmh)
January 2, 2024 Filing 6 MICROSOFT TEAMS AUDIO CONFERENCING SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES - Every telephonic conference conducted will be via a Microsoft Teams Audio Conferencing call-in number which requires participants to dial-in and provide a conference ID. 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. (cjo)
January 2, 2024 Opinion or Order Filing 5 ORDER re 12(b) Motions. Signed by Judge Robert J. Colville on 1/2/24. (cjo)
January 2, 2024 Filing 4 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. (cjo)
January 2, 2024 Opinion or Order Filing 3 ORDER OF RECUSAL. In accordance with the provisions of 28 U.S.C. 455, IT IS HEREBY ORDERED that Judge W. Scott Hardy recuses himself from the above-captioned matter. The Clerk of Court is directed to reassign this case to another member of the Court. Signed by Judge W. Scott Hardy on 1/2/2024. (kas)
January 2, 2024 Judge Robert J. Colville presiding. (jkn)
December 29, 2023 Filing 2 Errata re #1 Notice of Removal, by ARG RESOURCES OF GEORGIA, LLC, REBECCA KELLEY, JIMMY MCCLINTON. Reason for Correction: Incorrect GD number on removal, correcting Exhibit B. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (jkn)
December 28, 2023 Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD23-00517 with Jury Demand. Copies attached: Complaint; Praecipe for Writ of Summons; Notice of Removal (Filing fee, including Administrative fee, $405, receipt number APAWDC-8044043), filed by ARG RESOURCES OF GEORGIA, LLC, REBECCA KELLEY, JIMMY MCCLINTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (dmh) Restricted due to errors, refiled at #2 . Modified text on 12/29/2023. (jkn)

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Plaintiff: ALLEN MCCARTHY
Represented By: Erik M. Yurkovich
Represented By: Kyle H. Steenland
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Defendant: ARG RESOURCES OF GEORGIA, LLC doing business as ARBY'S #42
Represented By: Terri Imbarlina Patak
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Defendant: REBECCA KELLEY
Represented By: Terri Imbarlina Patak
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Defendant: JIMMY MCCLINTON
Represented By: Terri Imbarlina Patak
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