Howard v. Living Well Homes LLP et al
| Phillip Howard |
| Living Well Homes LLP, Living Well Homes LP, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes GP Incorporated, Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated and Unknown Parties |
| 6:2022cv01818 |
| June 9, 2022 |
| US District Court for the District of South Carolina |
| Donald C Coggins |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 48 TEXT ORDER granting #46 Motion to Appear Pro Hac Vice.; granting #47 Motion to Appear Pro Hac Vice as to Camille Rodriguez, Shanon Carson for the plaintiff. Signed by Honorable Donald C Coggins, Jr on 7/15/22.(alew, ) |
| Filing 47 MOTION to Appear Pro Hac Vice by Shanon Jude Carson ( Filing fee $ 350 receipt number ASCDC-10590471) by Phillip Howard. Response to Motion due by 7/27/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A-Application/Affidavit/Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Blake, Shaun) Modified on 7/14/2022 to edit text (alew, ). |
| Filing 46 MOTION to Appear Pro Hac Vice by Camille Fundora Rodriguez ( Filing fee $ 350 receipt number ASCDC-10590095) by Phillip Howard. Response to Motion due by 7/27/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Exhibit A, #2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Blake, Shaun) |
Filing 45
ORDER AND NOTICE SETTING Pretrial Telephone Conference. Conference set for Thursday, August 18, 2022 11:00 AM before Honorable Donald C Coggins Jr. Plaintiff's counsel is directed to arrange and initiate the conference call, conference in all other participating counsel, and then connect to chambers at 864-591-5340. Signed by Honorable Donald C Coggins, Jr on 6/30/22. (alew, )
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| Filing 44 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/20/2022, Motions to Amend Pleadings due by 9/13/2022, Plaintiffs ID of Expert Witness due by 10/11/2022, Defendants ID of Expert Witnesses Due by 11/7/2022, Records Custodian Affidavit due by 11/28/2022, Discovery due by 12/27/2022, Motions due by 1/10/2023, Mediation Due by 1/24/2023, Motion in Limine due by 2/27/2023, Rule 26(a)(3) Disclosures due by 3/6/2023, Bench Trial Deadline 3/27/2023. Signed by Honorable Donald C Coggins, Jr on 6/30/22. (alew, ) |
| Filing 43 DELETION OF DOCKET ENTRY NUMBER 43 Reason: to add to docket entry #40. Corrected Filing Document Number #40 (alew, ) |
| Filing 42 NOTICE of Appearance by Philip Wesley Jackson, II on behalf of Phillip Howard (Jackson, Philip) |
| Filing 41 NOTICE of Appearance by Jenkins McMillan Mann on behalf of Phillip Howard (Mann, Jenkins) |
| Filing 40 Local Rule 26.01 Answers to Interrogatories by Phillip Howard.(Blake, Shaun) (Additional attachment(s) added on 6/27/2022: #1 Certificate of Service) (alew, ). Modified on 6/27/2022 to add certificate of service (alew, ). |
| Filing 39 NOTICE of Appearance by Shaun Christian Blake on behalf of Phillip Howard (Blake, Shaun) |
| Filing 38 ANSWER to #1 Complaint by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP. (Attachments: #1 Certificate of Service)(Major, Denny) |
| Filing 37 ANSWER to #1 Complaint by Living Well Homes II LP. (Attachments: #1 Certificate of Service)(Major, Denny) |
| Filing 35 CERTIFICATE OF SERVICE by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP, Unknown Parties re #34 Local Rule 26.01 Answers to Interrogatories, (Major, Denny) |
| Filing 34 Local Rule 26.01 Answers to Interrogatories by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP, Unknown Parties.(Major, Denny) |
| Filing 33 NOTICE of Appearance by Denny Parker Major on behalf of Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP, Unknown Parties (Major, Denny) |
| Filing 32 ***DOCUMENT E-MAILED #30 Letter ***DOCUMENT MAILED #30 Letter placed in U.S. Mail from Greenville Clerks Office to Alexandra K. Piazza, Camille Fundora Rodriguez, Daniel Lee Bonnett, Jennifer Lynn Kroll, Bradley Steven Shelts, Shannon Jude Carson, Christine Gantt-Sorenson, Pierce T. Maclennan. (alew, ) |
| Filing 30 Notice of Transfer Letter (alew, ) |
| Filing 29 Case transferred in from District of Arizona; Case Number 2:22-cv-00150. Original file certified copy of transfer order and docket sheet received. |
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Filing 28
ORDER granting Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) #9 . IT IS FURTHER ORDERED granting Defendants' Motion to Transfer Venue for Forum Non-Conveniens #25 . IT IS FURTHER ORDRED directing the Clerk of Court to transfer this case to the United States District Court, District of South Carolina. Signed by Magistrate Judge Michelle H Burns on 6/08/2022. (REK) [Transferred from Arizona on 6/9/2022.]
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| Filing 27 REPLY to Response to Motion re: #25 MOTION to Change Venue/Transfer Case filed by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP, Unknown Parties. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Remark: Pro hac vice motion(s) granted for Pierce T MacLennan on behalf of Defendants Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/9/2022.] |
| Filing 26 RESPONSE to Motion re: #25 MOTION to Change Venue/Transfer Case filed by Phillip Howard. (Fundora Rodriguez, Camille) [Transferred from Arizona on 6/9/2022.] |
| Filing 25 *MOTION to Change Venue/Transfer Case for Forum Non-Conveniens by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP, Unknown Parties. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Proposed Order Order)(Shelts, Bradley) *Modified to correct motion type and text on 4/12/2022 (REK). [Transferred from Arizona on 6/9/2022.] |
| Filing 24 REPLY to Response to Motion re: #9 MOTION to Dismiss for Lack of Jurisdiction filed by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP, Unknown Parties. (Attachments: #1 Affidavit Exhibit 1)(Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 23 RESPONSE to Motion re: #9 MOTION to Dismiss for Lack of Jurisdiction filed by Phillip Howard. (Attachments: #1 Affidavit of Daniel Thornton, #2 Affidavit of Phillip Howard)(Fundora Rodriguez, Camille) [Transferred from Arizona on 6/9/2022.] |
| Filing 22 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Michelle H Burns conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/9/2022.] |
| Filing 21 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/9/2022.] |
| Remark: Pro hac vice motion(s) granted for Alexandra K Piazza on behalf of Plaintiff Phillip Howard. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/9/2022.] |
| Filing 19 NOTICE of Attorney Withdrawal Daniel F. Thornton filed by Daniel Frederick Thornton. (Thornton, Daniel) [Transferred from Arizona on 6/9/2022.] |
| Filing 18 Corporate Disclosure Statement by Living Well Homes GP IV Incorporated. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 17 Corporate Disclosure Statement by Living Well Homes GP III Incorporated. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 16 Corporate Disclosure Statement by Living Well Homes GP II Incorporated. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 15 Corporate Disclosure Statement by Living Well Homes GP Incorporated. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 14 Corporate Disclosure Statement by Living Well Homes IV LP. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 13 Corporate Disclosure Statement by Living Well Homes III LP. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 12 Corporate Disclosure Statement by Living Well Homes II LP. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 11 Corporate Disclosure Statement by Living Well Homes LLP. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 10 Corporate Disclosure Statement by Living Well Homes LP. (Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP, Unknown Parties. (Attachments: #1 Exhibit Exhibit 1)(Shelts, Bradley) [Transferred from Arizona on 6/9/2022.] |
| Filing 8 *SERVICE EXECUTED filed by Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP: Rule 4 Waiver of Service of Summons. Waiver sent on 01/28/2022 to Living Well Homes LLP, Living Well Homes LP, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes GP Inc., Living Well Homes GP II Inc., Living Well Homes GP III Inc., Living Well Homes GP IV Inc. . (Shelts, Bradley) *Modified to correct filers on 2/28/2022 (REK). [Transferred from Arizona on 6/9/2022.] |
| Remark: Pro hac vice motion(s) granted for Christine Gantt-Sorenson on behalf of Defendants Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/9/2022.] |
| Filing 7 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/9/2022.] |
| Remark: Pro hac vice motion(s) granted for Shanon Jude Carson on behalf of Plaintiff Phillip Howard. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/9/2022.] |
| Remark: Pro hac vice motion(s) granted for Camille Fundora Rodriguez on behalf of Plaintiff Phillip Howard. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/9/2022.] |
| Remark: Pro hac vice motion(s) granted for Daniel Frederick Thornton on behalf of Plaintiff Phillip Howard. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/9/2022.] |
| Filing 5 SERVICE EXECUTED filed by Phillip Howard: Rule 4 Waiver of Service of Summons. Waiver sent on 1.28.22 to Matthew B. Levine on behalf of all Defendants . (Bonnett, Daniel) [Transferred from Arizona on 6/9/2022.] |
| Filing 4 Summons Issued as to Living Well Homes GP II Incorporated, Living Well Homes GP III Incorporated, Living Well Homes GP IV Incorporated, Living Well Homes GP Incorporated, Living Well Homes II LP, Living Well Homes III LP, Living Well Homes IV LP, Living Well Homes LLP, Living Well Homes LP. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 6/9/2022.] |
| Filing 3 Filing fee paid, receipt number 0970-20283845. This case has been assigned to the Honorable Michelle H Burns. All future pleadings or documents should bear the correct case number: CV-22-00150-PHX-MHB. Magistrate Election form attached. (SCA) [Transferred from Arizona on 6/9/2022.] |
| Filing 2 SUMMONS Submitted by Phillip Howard. (Bonnett, Daniel) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(SCA) [Transferred from Arizona on 6/9/2022.] |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-20283845 filed by Phillip Howard. (Bonnett, Daniel) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(SCA) [Transferred from Arizona on 6/9/2022.] |
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