Westberry et al v. Gustech Communications, LLC et al
Plaintiff: Jared Stubblefield and Robert Westberry
Defendant: Gustavo Santamaria and Gustech Communications, LLC
Case Number: 0:2018cv02043
Filed: July 24, 2018
Court: US District Court for the District of South Carolina
Office: Rock Hill Office
County: XUS, Outside State
Presiding Judge: Donald C Coggins
Referring Judge: Cameron McGowan Currie
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2018 Opinion or Order Filing 36 Memorandum Opinion and Order granted #28 Motion to Transfer Case Out of District/Division filed by Robert Westberry, Jared Stubblefield, and transfers this action to the District of South Carolina under 28 U.S.C. 1404(a). (Ordered by Judge Sidney A Fitzwater on 7/24/2018) (ndt) [Transferred from Texas Northern on 7/25/2018.]
June 7, 2018 Filing 35 REPLY filed by Jared Stubblefield, Robert Westberry re: #28 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) A - Burrell Rec for Conditional Certification) (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
May 29, 2018 Filing 34 RESPONSE filed by Gustech Communications LLC re: #28 MOTION to Transfer Case out of District/Division (Attachments: #1 Proposed Order) (Dunn, R) [Transferred from Texas Northern on 7/25/2018.]
May 15, 2018 Opinion or Order Filing 33 ORDER granting #32 Motion to Stay Proceedings. Any decision on Plaintiffs' #24 Motion for Conditional Certification shall be stayed pending resolution of Plaintiffs' #28 Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(A). (Ordered by Judge Sidney A Fitzwater on 5/15/2018) (rekc) [Transferred from Texas Northern on 7/25/2018.]
May 15, 2018 Filing 32 Unopposed MOTION to Stay re #23 MOTION to Certify Class FLSA Collective Action filed by Jared Stubblefield, Robert Westberry (Attachments: #1 Proposed Order) (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
May 8, 2018 Filing 31 Brief/Memorandum in Support filed by Gustech Communications LLC re #30 Response/Objection (Dunn, R) [Transferred from Texas Northern on 7/25/2018.]
May 8, 2018 Filing 30 RESPONSE filed by Gustech Communications LLC re: #23 MOTION to Certify Class FLSA Collective Action (Attachments: #1 Proposed Order) (Dunn, R) [Transferred from Texas Northern on 7/25/2018.]
May 7, 2018 Filing 29 Appendix in Support filed by Jared Stubblefield, Robert Westberry re #28 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) A - Burrell Complaint, #2 Exhibit(s) B - Westberry Declaration, #3 Exhibit(s) C - Burrell Declaration, #4 Exhibit(s) D - U.S. District Court Caseload) (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
May 7, 2018 Filing 28 MOTION to Transfer Case out of District/Division filed by Jared Stubblefield, Robert Westberry (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
May 1, 2018 Opinion or Order Filing 27 ORDER granting #26 Motion to Extend Time to File Response/Reply. Response due by 5/8/2018 re: #23 MOTION to Certify Class FLSA Collective Action. (Ordered by Judge Sidney A Fitzwater on 5/1/2018) (ran) Modified text on 5/2/2018 (ykp). [Transferred from Texas Northern on 7/25/2018.]
April 30, 2018 Filing 26 MOTION for Extension of Time to File Response/Reply to #23 MOTION to Certify Class FLSA Collective Action filed by Gustech Communications LLC (Attachments: #1 Proposed Order Proposed Order) (Dunn, R) [Transferred from Texas Northern on 7/25/2018.]
April 10, 2018 Filing 25 Appendix in Support filed by Jared Stubblefield, Robert Westberry re #24 Brief/Memorandum in Support of Motion, #23 MOTION to Certify Class FLSA Collective Action (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
April 10, 2018 Filing 24 Brief/Memorandum in Support filed by Jared Stubblefield, Robert Westberry re #23 MOTION to Certify Class FLSA Collective Action (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
April 10, 2018 Filing 23 MOTION to Certify Class FLSA Collective Action filed by Jared Stubblefield, Robert Westberry (Attachments: #1 Exhibit(s) Proposed Notice, #2 Exhibit(s) Proposed Consent Form) (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
March 29, 2018 Filing 22 NOTICE of Change of Address for Attorney Drew N Herrmann on behalf of Jared Stubblefield, Robert Westberry. (Filer confirms contact info in ECF is current.) (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
March 5, 2018 Opinion or Order Filing 21 PHASE ONE SCHEDULING ORDER: A motion for conditional certification must be filed no later than 5/4/2018. (Ordered by Judge Sidney A Fitzwater on 3/5/2018) (epm) [Transferred from Texas Northern on 7/25/2018.]
February 21, 2018 Filing 20 Joint STATUS REPORT and Scheduling Proposal filed by Jared Stubblefield, Robert Westberry, Gustech Communications LLC, and Gustavo Santamaria. (Herrmann, Drew) Modified filers on 2/22/2018 (epm). [Transferred from Texas Northern on 7/25/2018.]
January 30, 2018 Opinion or Order Filing 19 ORDER: Joint Proposed Scheduling Order due by 2/27/2018. (Ordered by Judge Sidney A Fitzwater on 1/30/2018) (sss) [Transferred from Texas Northern on 7/25/2018.]
January 22, 2018 Filing 18 ANSWER to #1 Complaint, filed by Gustech Communications LLC, Gustavo Santamaria. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Collins, Bryan) [Transferred from Texas Northern on 7/25/2018.]
January 16, 2018 Opinion or Order Filing 17 ORDER granting #15 Motion for Extension of Time to File Answer. Gustavo Santamaria answer due 1/22/2018; Gustech Communications LLC answer due 1/22/2018. (Ordered by Judge Sidney A Fitzwater on 1/16/2018) (axm) [Transferred from Texas Northern on 7/25/2018.]
January 16, 2018 Filing 16 CERTIFICATE of Conference re #15 First MOTION to Extend Time to File Answer on Behalf of Gustech Communications, LLC by Drew N Herrmann on behalf of Jared Stubblefield, Robert Westberry (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
January 12, 2018 Filing 15 First MOTION to Extend Time to File Answer on Behalf of Gustech Communications, LLC filed by Gustech Communications LLC, Gustavo Santamaria with Brief/Memorandum in Support. (Collins, Bryan) [Transferred from Texas Northern on 7/25/2018.]
January 12, 2018 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gustech Communications LLC, Gustavo Santamaria. (Collins, Bryan) [Transferred from Texas Northern on 7/25/2018.]
January 12, 2018 Filing 13 NOTICE of Attorney Appearance by Bryan C Collins on behalf of Gustech Communications LLC, Gustavo Santamaria. (Filer confirms contact info in ECF is current.) (Collins, Bryan) [Transferred from Texas Northern on 7/25/2018.]
January 2, 2018 Opinion or Order Filing 12 ORDER denying #11 Motion for Extension of Time to File Answer filed by Gustech Communications LLC. (Ordered by Judge Sidney A Fitzwater on 1/2/2018) (Judge Sidney A Fitzwater) [Transferred from Texas Northern on 7/25/2018.]
January 2, 2018 ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Tue Jan 2 11:01:37 CST 2018 (crt) [Transferred from Texas Northern on 7/25/2018.]
December 29, 2017 Filing 11 Motion for Extension of Time to File Answer filed by Gustech Communications LLC. (epm) [Transferred from Texas Northern on 7/25/2018.]
December 29, 2017 Filing 10 Motion for Extension of Time to File Answer filed by Gustavo Santamaria. (epm) [Transferred from Texas Northern on 7/25/2018.]
December 26, 2017 Filing 9 CERTIFICATE OF SERVICE on Gustova Santamaria on 11/30/2017, by Jared Stubblefield, Robert Westberry re #1 Complaint. (Herrmann, Drew) Enhanced text on 12/26/2017 (dsr). [Transferred from Texas Northern on 7/25/2018.]
December 22, 2017 Opinion or Order Filing 8 ORDER denying #6 Motion for Extension of Time to File Answer; denying #7 Motion for Extension of Time to File Answer. (Ordered by Judge Sidney A Fitzwater on 12/22/2017) (Judge Sidney A Fitzwater) [Transferred from Texas Northern on 7/25/2018.]
December 22, 2017 ***Clerk's Notice of delivery: (see NEF for details) Docket No:7, 8. Fri Dec 22 13:16:20 CST 2017 (crt) [Transferred from Texas Northern on 7/25/2018.]
December 21, 2017 Filing 7 Motion for Extension of Time to File Answer filed by Gustech Communications LLC. (axm) [Transferred from Texas Northern on 7/25/2018.]
December 21, 2017 Filing 6 Motion for Extension of Time to File Answer filed by Mike Alvarez as to Gustavo Santamaria. (axm) [Transferred from Texas Northern on 7/25/2018.]
November 22, 2017 Filing 5 NOTICE of Consent to Become a Party Plaintiff signed by Kevin Hathorn on 11/20/17 and Hayden Jacobs on 11/21/17. (Herrmann, Drew) Modified on 11/22/2017 (rekc). [Transferred from Texas Northern on 7/25/2018.]
November 17, 2017 Filing 4 Summons Issued as to Gustech Communications LLC, Gustavo Santamaria. (sss) [Transferred from Texas Northern on 7/25/2018.]
November 17, 2017 Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (sss) [Transferred from Texas Northern on 7/25/2018.]
November 17, 2017 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jared Stubblefield, Robert Westberry. (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]
November 17, 2017 Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Robert Westberry, Jared Stubblefield. (Filing fee $400; Receipt number 0539-8811172) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Herrmann, Drew) [Transferred from Texas Northern on 7/25/2018.]

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Plaintiff: Jared Stubblefield
Represented By: Drew N Herrmann
Represented By: David E Rothstein
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Plaintiff: Robert Westberry
Represented By: Drew N Herrmann
Represented By: David E Rothstein
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Defendant: Gustavo Santamaria
Represented By: Bryan C Collins
Represented By: R Rogge Dunn
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Defendant: Gustech Communications, LLC
Represented By: Bryan C Collins
Represented By: R Rogge Dunn
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