Su v. Tosh Pork, LLC et al
| Julie A. Su |
| Tosh Pork, LLC and Dianna Rosa |
| 1:2024cv01038 |
| February 21, 2024 |
| US District Court for the Western District of Tennessee |
| S Thomas Anderson |
| Jon A York |
| Labor: Fair Standards |
| None |
Docket Report
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This docket was last retrieved on May 16, 2024. A more recent docket listing may be available from PACER.
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Filing 27
TRIAL BRIEF Defendants' Post-Hearing Brief In Opposition To Plaintiff's Motion For Temporary Restraining Order and Preliminary Injunction by Dianna Rosa, Tosh Pork, LLC. (Bryant, Joseph)
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Filing 26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 3, 2024, TRO/Preliminary Injunction Hearing before Judge S. Thomas Anderson. Court Reporter Kristi Heasley, Telephone number 731-421-9237. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 4/15/2024. Redaction Request due 5/1/2024. Release of Transcript Restriction set for 7/9/2024. (Heasley, Kristi)
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Filing 25
TRIAL BRIEF by Julie A. Su. (Abdoveis, Elaine)
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Filing 24
AMENDED EXHIBIT AND WITNESS LIST. (Please be advised that this exhibit/witness list involves both the 3/19/24 and 4/3/24 hearing dates.)(mbb)
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Filing 23
Minute Entry for proceedings held before Judge S. Thomas Anderson: Motion Hearing held on 4/3/2024 re #9 . Spanish Interpreter sworn: Jason Daniel. Katy Casares recalled. Plaintiff witnesses sworn: Carlos Villegas, Gus Tarantino. Plaintiiff exhibits marked/admitted: #9-#11, #15. Defendant witnesses sworn: Roberto Toledo, Dianna Rosa, Seth Krantz. Defendant exhibits marked/admitted: #6-#8, #12-#14. Plaintiff and Defendant rests. Oral motion by Defendant. Court to take under advisement. Parties given 7 days for initial brief and 7 days for response. PRESENT: Elaine Abdoveis, Matt Shepherd for Plaintiff. Joseph Bryant, James Holt, Clifford WHitehead for Defendants. (Court Reporter Kristi Heasley.) (mbb)
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Filing 22
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 19, 2024, TRO/Preliminary Injunction Hearing before Judge S. Thomas Anderson. Court Reporter Kristi Heasley, Telephone number 731-421-9237. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 4/1/2024. Redaction Request due 4/16/2024. Release of Transcript Restriction set for 6/24/2024. (Heasley, Kristi)
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Filing 21
EXHIBIT AND WITNESS LIST.(mbb)
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Filing 20
Minute Entry for proceedings held before Judge S. Thomas Anderson and NOTICE OF SETTING: Motion Hearing held on 3/19/2024 re #9 MOTION for Temporary Restraining Order. Opening Statements. Plaintiff witnesses sworn: Gary Williams, Katy Casares. Plaintiff Exhibits #1-#5 marked/admitted. Motion hearing continued. (Motion Hearing set for 4/3/2024 09:00 AM in Jackson Courtroom 1 before Judge S. Thomas Anderson.). Court adjourned. PRESENT: Elaine Abdovoveis, Matt Shepherd for Plaintiff. Joseph Bryant, James Holt, Clifford Whitehead for Defendants. (Please be advised that CM spoke with Plaintiff to confirm the correct exhibit numbers. The Plaintiff entered five (5) Exhibits and not six (6).) (Court Reporter Kristi Heasley.) (mbb)
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Filing 19
NOTICE of Appearance by James L. Holt, Jr on behalf of All Defendants (Holt, James)
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Filing 18
RESPONSE in Opposition re #9 MOTION for Temporary Restraining Order proposed order submitted filed by All Defendants. (Attachments: #1 Exhibit A - Written Warning - Ma Concepcion, #2 Exhibit B - Dianna Rosa's Contemporaneous Notes - Ma Concepcion Meeting, #3 Exhibit C - Written Warning - Carlos Alberto Almaras, #4 Exhibit D - Dianna Rosa's Contemporaneous Notes - Carlos Alberto Almaras Meeting, #5 Exhibit E - January 31, 2024 Letter from DOL, #6 Exhibit F - Plaintiff's Proposed Order)(Bryant, Joseph)
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Filing 17
ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE #16 . Signed by Judge S. Thomas Anderson on 3/12/2024. (gkp)
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Filing 16
First MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-4364463) by Dianna Rosa, Tosh Pork, LLC. (Attachments: #1 Exhibit Ex 1- Certificate of Good Standing - Indiana, #2 Exhibit Ex 2- Certificate of Good Standing - S. Dist. of Indiana)(Bryant, Joseph)
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Filing 15
NOTICE by Julie A. Su (Abdoveis, Elaine)
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Filing 14
SETTING LETTER: Re: #9 MOTION for Temporary Restraining Order. Motion Hearing set for 3/19/2024 03:00 PM in Jackson Courtroom 1 before Judge S. Thomas Anderson. (Please be advised that the Plaintiff must notify the Defendants of the setting.) (mbb)
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Filing 13
NOTICE of Appearance by Joseph Russ Bryant on behalf of All Defendants (Bryant, Joseph)
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Filing 12
WAIVER OF SERVICE Returned Executed by Julie A. Su. Tosh Pork, LLC waiver sent on 2/21/2024, answer due 4/22/2024. (Abdoveis, Elaine)
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Filing 11
WAIVER OF SERVICE Returned Executed by Julie A. Su. Dianna Rosa waiver sent on 2/21/2024, answer due 4/22/2024. (Abdoveis, Elaine)
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Filing 10
ORDER GRANTING MOTION FOR LEAVE TO APPEAR PRO HAC VICE #8 . Signed by Judge S. Thomas Anderson on 2/22/24. (skc)
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Filing 9
MOTION for Temporary Restraining Order proposed order submitted by Julie A. Su. (Attachments: #1 Memorandum, #2 Affidavit)(Abdoveis, Elaine)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Fee paid as part of previous filing) by Julie A. Su. (Abdoveis, Elaine)
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Filing 7
Summons Issued as to Tosh Pork, LLC and Dianna Rosa. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons Dianna Rosa)(skc)
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Filing 6
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint, filed by Julie A. Su has been filed. However, the following deficiency has been found: All Motions must be filed separately. You must refile your Motion for Pro Hac Vice with the appropriate attachments as well as a separate entry for the Motion for Temporary Restraining Order along with the Memo in Support and Declaration. Further, Proposed Orders for both separate Motions must be submitted to the appropriate Judge's ECF email account in Word Format. The Judge's ECF email address can be found at our website. Text should reflect compliance (Ex. Proposed Order submitted to Judge). If the Proposed Order has not been emailed to the Judge, please do so at this time. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (skc)
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Filing 5
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (skc)
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Filing 4
NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (skc)
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Filing 3
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (skc)
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Filing 2
Judge S. Thomas Anderson and Magistrate Judge Jon A. York added. (skc)
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Filing 1
COMPLAINT against All Defendants, filed by Julie A. Su. (Attachments: #1 Civil Cover Sheet, #2 Summons For Dianna Rosa, #3 Summons For Tosh Pork LLC, #4 Supplement Motion to Appear Pro Hac Vice, #5 Supplement Motion for Temporary Restraining Order, #6 Supplement Memo in Support of Motion for Temporary Restraining Order, #7 Supplement Declaration in Support of Motion for Temporary Restraining Order)(Abdoveis, Elaine)
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