Wagner v. Landair Transport, Inc
| NATHAN WAGNER |
| Landair Transport Inc |
| 1:2024cv00076 |
| February 20, 2024 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| Susan K Lee |
| Christopher H Steger |
| Labor: Other |
| 29 U.S.C. § 206 Collect Unpaid Wages |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 NOTICE of Hearing on Motion #42 MOTION to Amend/Revise #26 Answer to Complaint : Motion Hearing set for 5/9/2024 02:00 PM in Courtroom 1B - Chattanooga before Magistrate Judge Christopher H Steger. (KMG) |
| Filing 42 MOTION to Amend/Revise #26 Answer to Complaint by Landair Transport Inc. (Attachments: #1 Exhibit A - proposed First Amended Answer)(Bode, John) |
Filing 41
SCHEDULING ORDER: Jury Trial set for 7/8/2025 09:00 AM, Final Pretrial Conference set for 6/23/2025 03:00 PM.Signed by District Judge Charles E Atchley, Jr on April 1, 2024. (SAC)
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| Filing 40 REPORT of Rule 26(f) Planning Meeting. (Bode, John) |
| Filing 39 NOTICE OF NONCONSENT by Landair Transport Inc (Bode, John) |
| Filing 38 Certificate of Citizenship by Nathan Wagner. (Weldy, Ronald) |
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Filing 37
ORDER granting #34 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Christopher H Steger on 3-8-24. (KMG)
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Filing 36
ORDER.Signed by District Judge Charles E Atchley, Jr on March 7, 2024. (SAC) Modified on 3/7/2024 , Order mailed to Ronald E. Weldy WELDY LAW 11268 Governors Lane Fishers, IN 46037.(SAC).
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| Filing 35 STATUS REPORT (Joint) by Landair Transport Inc. (Bode, John) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice as to Attorney Ronald Weldy, (Filing fee $ 90, paid.) as to plaintiff Nathan Wagner. (Attachments: #1 receipt and cover letter)(SAC)(Note: the caption of motion and letter state case number incorrectly.) |
| Clerk's Verification of PHV Requirements is complete regarding document: #34 MOTION for Leave to Appear Pro Hac Vice as to Attorney Ronald Weldy ;filed by Nathan Wagner as to Nathan Wagner. (SAC) |
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Filing 33
ORDER REASSIGNING CASE. Magistrate Judge Susan K Lee no longer assigned to case, Case reassigned to Magistrate Judge Christopher H Steger for all further proceedings. Signed by District Judge Travis R McDonough on February 28, 2024. (SAC) Modified on 2/28/2024, Order mailed to Ronald E. Weldy WELDY LAW 11268 Governors Lane Fishers, IN 46037. (SAC).
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| Filing 32 Certificate of Citizenship by Landair Transport Inc. (Bode, John) |
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Filing 31
ORDER OF RECUSAL. Signed by Magistrate Judge Susan K. Lee on 02/27/2024. (KRS)
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Filing 30
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Charles E Atchley, Jr on February 27, 2024. (Attachments: #1 Consent/Non-Consent Form(flatten/non-fillable when filing in ECF)) (SAC)Order mailed to Ronald E. WeldyWELDY LAW11268 Governors LaneFishers, IN 46037.
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Filing 29
Order Governing Sealing Confidential Information.Signed by District Judge Charles E Atchley, Jr on February 27, 2024. (SAC)Order mailed to Ronald E. WeldyWELDY LAW11268 Governors LaneFishers, IN 46037
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Filing 28
Order Governing Motions To Dismiss.Signed by District Judge Charles E Atchley, Jr on February 27, 2024. (SAC)Ronald E. WeldyWELDY LAW11268 Governors LaneFishers, IN 46037
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Filing 27
Order Governing Depositions.Signed by District Judge Charles E Atchley, Jr on February 27, 2024. (SAC)Order mailed to Ronald E. WeldyWELDY LAW11268 Governors LaneFishers, IN 46037.
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| NOTICE OF FAILURE TO FILE Certificate of Citizenship in a diversity case as required by FRCP 7.1. (SAC)Notice mailed to Ronald E. WeldyWELDY LAW11268 Governors LaneFishers, IN 46037. |
| Filing 26 ANSWER to Complaint by Landair Transport Inc.(Bode, John) |
| Filing 25 Administrative Notice to Counsel re #24 Notice (Other). (SAC) |
| Filing 24 NOTICE by Landair Transport Inc re #22 NOTICE of Deficiency (Pro Hac) Notice of Withdrawal and Substitution of Counsel (Bode, John) |
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Filing 23
ORDER.The parties are ORDERED to file a joint report on or before March 8, 2024.Signed by District Judge Charles E Atchley, Jr on February 22, 2024. (SAC)Order mailed to Guevara, Moorhead and Weldy.
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| Filing 22 NOTICE of Deficiency (Pro Hac) as to attorneys: Ronald Weldy; Gregory W Guevara; Tyler John Moorhead. This notice serviced via US Mail to Weldy; Guervara and Moorhead. (KFB) |
| Filing 21 Case transferred in from District of Indiana Southern; Case Number 1:23-cv-02028. |
| Filing 20 Transfer Letter to Clerk of the Southern Division of the Eastern District of Tennessee. Case transferred electronically to Southern Division of the Eastern District of Tennessee, on February 12, 2024. (KAA) [Transferred from Indiana Southern on 2/20/2024.] |
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Filing 19
Order on Motion to Dismiss or Transfer/CLOSED TRANSFER to Southern Division of the Eastern District of Tennessee. Wagner and Landair are parties to a valid contract with a mandatory forum-selection clause covering the claims raised in this case. The "interests of justice" dictate that the clause be enforced by transfer to the appropriate district. Hamilton County, Tennessee, is in the Southern Division of the Eastern District of Tennessee, and the clerk is directed to transfer this case to the federal court there.Thus Landair's Motion, ECF No. #8 , is granted as to transfer (but not dismissal). Wagner's Motion for Leave to File Sur-Reply, ECF No. #18 , is granted to the extent that the Court considered all his arguments. SEE ORDER. Signed by Judge James R. Sweeney II on 2/12/2024.(KAA) [Transferred from Indiana Southern on 2/20/2024.]
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| Filing 18 MOTION for Leave to File Sur-Reply, filed by Plaintiff NATHAN WAGNER. (Attachments: #1 Exhibit Proposed Sur-Reply, #2 Affidavit Proposed Affidavit, #3 Text of Proposed Order)(Weldy, Ronald) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 17 REPLY in Support of Motion re #8 MOTION to Dismiss , or, in the Alternative, to Transfer Venue , filed by Defendant LANDAIR TRANSPORT, INC. (Attachments: #1 Exhibit 1 - Second Decaration of Alexander Couch-Maddox)(Guevara, Gregory) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 16 RESPONSE in Opposition re #8 MOTION to Dismiss , or, in the Alternative, to Transfer Venue , filed by Plaintiff NATHAN WAGNER. (Attachments: #1 Affidavit)(Weldy, Ronald) [Transferred from Indiana Southern on 2/20/2024.] |
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Filing 15
ORDER GRANTING UNOPPOSED MOTION TO EXTEND DEADLINES REGARDING MOTION TO DISMISS - granting #14 Unopposed MOTION for Extension of Time to File Response. The deadline for Plaintiff to file a response to Defendant's Motion to Dismiss is extended from December 7, 2023 to December 19, 2023 in this matter. The deadline for Defendant to file a Reply in support of its Motion to Dismiss is extended from December 26, 2023 to January 3, 2024 in this matter. Signed by Magistrate Judge Kellie M. Barr on 12/8/2023. (KAA) [Transferred from Indiana Southern on 2/20/2024.]
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| Filing 14 Unopposed MOTION for Extension of Time to File Response to December 19, 2023 re #8 MOTION to Dismiss , or, in the Alternative, to Transfer Venue , filed by Plaintiff NATHAN WAGNER. (Attachments: #1 Text of Proposed Order)(Weldy, Ronald) [Transferred from Indiana Southern on 2/20/2024.] |
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Filing 13
ORDER granting #12 Motion: Before the Court is Defendant's Motion to Continue Initial Pretrial Conference Pending Ruling on Motion to Dismiss or Transfer (ECF 8). Having considered same and being duly advised, the Court GRANTS the Motion. The previously scheduled Initial Pretrial Conference set for December 6, 2023 (ECF 10) is hereby VACATED. The conference will be rescheduled (if necessary) following the Court's ruling on Defendant's Motion to Dismiss or Transfer. See Order. Signed by Magistrate Judge Kellie M. Barr on 12/1/2023.(LF) [Transferred from Indiana Southern on 2/20/2024.]
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| Filing 12 Unopposed MOTION for Continuance of Initial Pretrial Conference Pending Ruling on Motion to Dismiss or Transfer, filed by Defendant LANDAIR TRANSPORT, INC. (Attachments: #1 Text of Proposed Order Vacating Initial Pretrial Conference)(Guevara, Gregory) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 11 Rule 7.1 Disclosure Statement by NATHAN WAGNER. (Weldy, Ronald) [Transferred from Indiana Southern on 2/20/2024.] |
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Filing 10
SCHEDULING ORDER: Zoom Initial Pretrial Conference set for 12/6/2023 01:30 PM (Eastern Time) before Magistrate Judge Kellie M. Barr. The Court will contact counsel by separate email with information to be used to participate in the conference. Read this entire order carefully; it sets out the Court's expectations for the conference. Who must attend the Initial Pretrial Conference ("IPTC"). Signed by Magistrate Judge Kellie M. Barr on 11/17/2023.(SWM) [Transferred from Indiana Southern on 2/20/2024.]
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| Filing 9 BRIEF/MEMORANDUM in Support re #8 MOTION to Dismiss , or, in the Alternative, to Transfer Venue , filed by Defendant LANDAIR TRANSPORT, INC. (Attachments: #1 Exhibit A - Couch-Maddox Declaration)(Guevara, Gregory) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 8 MOTION to Dismiss , or, in the Alternative, to Transfer Venue, filed by Defendant LANDAIR TRANSPORT, INC. (Guevara, Gregory) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 7 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (TPS) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (TPS) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TPS) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 4 Rule 7.1 Disclosure Statement by LANDAIR TRANSPORT, INC identifying Corporate Parent Landair Holdings, Inc. for LANDAIR TRANSPORT, INC.. (Guevara, Gregory) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 3 NOTICE of Appearance by Tyler John Moorhead on behalf of Defendant LANDAIR TRANSPORT, INC. (Moorhead, Tyler) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 2 NOTICE of Appearance by Gregory W. Guevara on behalf of Defendant LANDAIR TRANSPORT, INC. (Guevara, Gregory) [Transferred from Indiana Southern on 2/20/2024.] |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court 12, case number 49D12-2310-PL-040839, filed by LANDAIR TRANSPORT, INC. (Filing fee $402, receipt number AINSDC-7894290) (Attachments: #1 Exhibit A. State Court Record (Complaint, Summons, Appearance, Case Summary), #2 Exhibit B. Operative Complaint, #3 Exhibit C. Affidavit of Alexander Couch-Maddox, #4 Civil Cover Sheet Civil Cover Sheet)(Guevara, Gregory) [Transferred from Indiana Southern on 2/20/2024.] |
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| Plaintiff: NATHAN WAGNER | |
| Represented By: | Ronald E. Weldy |
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| Defendant: Landair Transport Inc | |
| Represented By: | Gregory W. Guevara |
| Represented By: | Tyler John Moorhead |
| Represented By: | Jessica Marie Wolinsky |
| Represented By: | John R Bode |
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