Coleman v. Amazon.Com, Inc. et al
| Timothy Coleman |
| Amazon.Com, Inc., Amazon Logistics, Inc., Amazon.Com Services, Inc. and Jars TD, Inc |
| 2:2021cv02200 |
| April 1, 2021 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| Samuel H Mays |
| Jon Phipps McCalla |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Both |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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Filing 70
ORDER denying #56 Motion for Approval of Settlement, signed by Judge Samuel H. Mays, Jr. on 7/7/2023. (Mays, Samuel)
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Filing 69
MINUTES: TELEPHONE STATUS CONFERENCE held on 05/17/2023 before Judge Samuel H. Mays, Jr.; Andrew R. Frisch appeared for pltf; Kyle Anne Peterson appeared for defts Amazon.com, Inc. and Amazon Logistics, Inc; Joseph Russ Bryant appeared for deft Jars TD, Inc. The parties received current status update as to pending supplemental motion #66 . The Court advised the parties the motion is still undecided, however, will address the motion or any concerns by written order. (Court Reporter: Candace Covey) (jam)
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Filing 68
SETTING LETTER: Re: #67 MOTION Status Conference. A TELEPHONIC Status Conference is set for 5/17/2023 at 02:15 PM before Judge Samuel H. Mays, Jr. (der)
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Filing 67
MOTION Status Conference by Timothy Coleman. (Frisch, Andrew)
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Filing 66
Supplemental MOTION for Attorney Fees and costs in further support of the Motion to Approve Settlement by Timothy Coleman. (Attachments: #1 Exhibit Declaration Attorney Andrew Frisch, #2 Exhibit Laffey Matrix)(Frisch, Andrew)
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Filing 65
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #64 Supplemental MOTION for Attorney Fees and Approval of Collective Settlement Agreement filed by Timothy Coleman has been filed. However, the following deficiency has been found: the CM/ECF user login name does not match the electronic signature on the pleading. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj)
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Filing 64
Supplemental MOTION for Attorney Fees and Approval of Collective Settlement Agreement by Timothy Coleman. (Attachments: #1 Affidavit Declaration of Andrew R. Frisch, #2 Exhibit Laffey Matrix)(Botros, Paul)
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Filing 63
ORDER denying as moot #61 Motion for Extension of Time to File, signed by Judge Samuel H. Mays, Jr. on 12/16/2022. (Mays, Samuel)
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Filing 62
Certificate of Consultation Pursuant to LR 7.2(a)(1)(B) by Timothy Coleman. (Botros, Paul)
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Filing 61
MOTION for Extension of Time to File Clarification regarding Supplemental Briefing and Evidence on Plaintiff's Attorneys' Fees and Costs by Timothy Coleman. (Botros, Paul)
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Filing 60
MINUTES: HEARING RE: APPROVAL OF FLSA SETTLEMENT held on 12/05/2022 before Judge Samuel H. Mays, Jr. via Microsoft Teams. Paul M. Botros and Andrew R. Frisch appeared for pltf; Kyle Anne Peterson appeared for defts Amazon.com, Inc. and Amazon Logistics, Inc; Joseph Russ Bryant appeared for deft Jars TD, Inc. The Court advised the parties that a ruling will not be decided at this time, but by written order at a later time by The Court. In re: #56 Motion for Approval Collective Action Settlement and to Dismiss Action with Prejudice: TAKEN UNDER ADVISEMENT. The Court addressed concerns as to attorney fees. Pltf to file a supplemental exhibit to include hourly rates and hours worked by end of business day on 12/14/2022. Defense indicated no response deadline is needed. However, if defts require a deadline, Counsel to contact the Case Manager Jairo Mendez (jairo_mendez@tnwd.uscourts.gov). Parties also to submit a proposed order as to the #56 motion for approval settlement, if it has not been filed. (Court Reporter: Lisa Mayo) (jam)
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Filing 59
ORDER TRANSFERRING CASE. Signed by Judge Mark S. Norris on 12/5/2022. (Norris, Mark)
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Filing 58
SETTING LETTER: Hearing re: Motion for Approval of FLSA Settlement [ECF No. 56] is set for Monday, 12/05/2022 at 11:00 AM before Judge Mark S. Norris. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. (zsf)
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Filing 57
Notice of Correction to #56 MOTION Approval of Collective Action Settlement and To Dismiss Action With Prejudice Proposed Order Submitted . (Attachments: #1 Exhibit Proposed Notice to Collective Regarding Settlement)(Botros, Paul)
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Filing 56
MOTION Approval of Collective Action Settlement and To Dismiss Action With Prejudice Proposed Order Submitted by Timothy Coleman. (Attachments: #1 Exhibit Settlement Agreement)(Botros, Paul)
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Filing 55
NOTICE of Settlement Joint by Timothy Coleman (Botros, Paul)
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Filing 54
ORDER GRANTING #44 JOINT MOTION TO STAY PROCEEDINGS PENDING MEDIATION. Signed by Judge Mark S. Norris on 11/30/2021. (Norris, Mark)
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Filing 53
STATUS REPORT Joint Status Report by Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc.. (Petersen, Kyle)
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Filing 52
SETTING LETTER: MOTION HEARING re: #44 Joint Motion to Stay Proceedings Pending Mediation set for Thursday, 12/02/2021 at 11:15 AM before Judge Mark S. Norris. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. (zsf)
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Filing 51
[**TEXT ORDER ONLY - NO IMAGE ATTACHED**] NOTICE OF CANCELLATION - The hearing on the Joint Motion to Stay Proceedings (ECF No. #44 ) previously set for December 3, 2021 at 11:15 AM is hereby CANCELLED. The hearing will be reset by separate notice after consultation with counsel. Signed by Judge Mark S. Norris on 11/18/2021. (Norris, Mark)
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Filing 50
Judge Mark S. Norris added. (jae)
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Filing 49
ORDER OF RETURN FOR REASSIGNMENT. Judge Jon Phipps McCalla no longer assigned to case. Signed by Judge Jon Phipps McCalla on 11/16/21. (rcl)
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Filing 48
ORDER CONTINUING MOTION HEARING. Signed by Judge Jon Phipps McCalla on 11/15/21. (rcl)
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Filing 47
SETTING LETTER: In Re: to the #44 Joint MOTION to Stay Proceedings Pending Mediation, a Motion Hearing has been set for Friday, 12/3/2021 at 11:15 AM in Courtroom 3 - Memphis before Judge Jon Phipps McCalla. (jrs)
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Filing 46
Minute Entry for proceedings held before Judge Jon Phipps McCalla: Video Motion Hearing held on 11/15/2021 in re: #44 Joint MOTION to Stay Proceedings. The Court heard statements as to #44 Joint Motion to Stay. Court also heard statements as to Rule 26 disclosures; conditional certification; tolling agreement; and current scheduling order deadlines. Amazon, having failed to comply fully with Rule 26 disclosures and the Court's direction, must do so by 11/19/2021. Designated mediator and mediation schedule discussed briefly. Joint Motion to Stay #44 remains pending. The Court set an in-person Motion Hearing #44 for Friday, 12/3/2021 at 11:15 AM before Judge Jon Phipps McCalla in courtroom 3. An Order will be entered. (Court Reporter: Tina Gibson) (jrs)
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Filing 45
SETTING LETTER: In Re: to #44 Joint MOTION to Stay, a Video Motion Hearing is set for Monday, 11/15/2021 at 2:00 PM before Judge Jon Phipps McCalla. The video hearing will proceed by means of Zoom video conferencing. Zoom invitations will be sent by email in advance of the hearing. (jrs)
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Filing 44
Joint MOTION to Stay Proceedings Pending Mediation (proposed order submitted) by Jars TD, Inc. (Bryant, Joseph)
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Filing 43
NOTICE by Timothy Coleman of Filing Notice of Consents to Join (Attachments: #1 Exhibit consent to join)(Botros, Paul)
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Filing 42
PROTECTIVE ORDER. Signed by Judge Jon Phipps McCalla on 9/13/21. (rcl)
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Filing 41
Consent MOTION for Protective Order (proposed order submitted) by Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc.. (Attachments: #1 Exhibit Proposed Protective Order)(Petersen, Kyle)
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Filing 40
ANSWER to #33 Amended Complaint by Jars TD, Inc.(Bryant, Joseph)
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Filing 39
ANSWER to #33 Amended Complaint by Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc..(Petersen, Kyle)
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Filing 38
SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 9/2/21. (rcl)
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Filing 37
NOTICE by Timothy Coleman of Filing Consent to Join (Attachments: #1 Exhibit A)(Botros, Paul)
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Filing 36
SETTING LETTER: Zoom Motion Hearing re: Plaintiff's Motion for Conditional Certification for set for Friday, 1/28/2022 at 10:30 AM before Judge Jon Phipps McCalla. The proceeding will be done via ZoomGov video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated. Please email Jeff Sample at Jeffrey_sample@tnwd.uscourts.gov for any questions. (jpw)
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Filing 35
Minute Entry for proceedings held before Judge Jon Phipps McCalla: Scheduling Conference held on 8/30/2021. Paul M. Botros appeared for the Plaintiff. Kyle Anne Petersen appeared for Defendant Amazon. Joseph Russ Bryant appeared for Defendant JARS TD, Inc. This is a FLSA case. Motion Hearing re: Plaintiff's Motion for Conditional Certification set for Friday, 1/28/2022 at 10:30 AM (CST) before Judge Jon Phipps McCalla. The Motion Hearing will be held via Zoom. Scheduling Order to be entered. (Court Reporter: Tina Gibson) (jpw)
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Filing 34
NOTICE by Timothy Coleman of Filing Consents to Join (Attachments: #1 Exhibit A)(Botros, Paul)
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Filing 33
AMENDED COMPLAINT and Demand For Jury Trial against All Defendants All Defendants., filed by Timothy Coleman.(Botros, Paul)
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Filing 32
ANSWER to #1 Complaint, with Jury Demand by Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc..(Petersen, Kyle)
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Filing 31
NOTICE of Appearance by Paul M. Botros on behalf of Timothy Coleman (Botros, Paul)
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Filing 30
ORDER FOLLOWING CONFERENCE. Signed by Judge Jon Phipps McCalla on 8/9/2021. (joj)
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Filing 29
SETTING LETTER: A Telephonic Scheduling Conference has been set for Monday, 8/30/2021 at 10:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs)
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Filing 28
Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 8/6/2021. Andrew R. Frisch appeared for the Plaintiff. Paul Botros was also present for the Plaintiff and will file a Notice of Appearance in this case. Kyle Anne Petersen appeared for Amazon. Russ Bryant appeared for JARS. Case history and background information extensively reviewed. JARS is now defunct and is no longer an Amazon contracted provider. Amazon terminated the contract in April 2020. The Court was advised that an arbitration agreement exists between Plaintiff and JARS. Defendant is to produce the signed agreement. Plaintiff may pursue class certification. Amazon is opposed to class certification at the present time. Basis for certification will determined. Plaintiff will file an amended complaint by August 19, 2021. Answer to follow. Plaintiff's office building fire alarm terminated the conference. The Telephonic Scheduling Conference will resume Monday, August 30, 2021 at 10:30 am (CT). (Court Reporter: Tina Gibson) (jrs)
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Filing 27
*TEXT ORDER* GRANTING #22 , #23 MOTIONS FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Jon Phipps McCalla on 8/3/2021. (joj)
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Filing 26
REPORT of Rule 26(f) Planning Meeting . (Botros, Paul)
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Filing 25
ANSWER to #1 Complaint, with Jury Demand by Jars TD, Inc.(Bryant, Joseph)
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Filing 24
Corporate Disclosure Statement by Jars TD, Inc. (Bryant, Joseph)
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Filing 23
MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3666876) by Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc.. (Attachments: #1 - List of Court Admissions, #2 - Certificate in Good Standing, #3 - Certificate in Good Standing)(Young, Kevin)
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Filing 22
MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3666868) by Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc.. (Attachments: #1 Supplement - List of Court Admissions, #2 Exhibit - Certificate in Good Standing, #3 Exhibit - Certificate in Good Standing)(Petersen, Kyle)
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Filing 21
*TEXT ORDER* GRANTING #19 AMAZON DEFENDANTS' UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT. The Amazon Defendants shall file their answer or otherwise respond to Plaintiff's complaint by no later than Monday, August 9, 2021. Signed by Judge Jon Phipps McCalla on 7/27/2021. (joj)
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Filing 20
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #19 MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed filed by Amazon.Com, Inc., Amazon.Com Services, Inc., Amazon Logistics, Inc. has been filed. For future reference, please note : Proposed orders are not to be published on ECF, but only emailed to chambers in word format. If no order previously emailed, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae)
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Filing 19
MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed by Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc.. (Attachments: #1 Exhibit Proposed Order)(Swartz, James)
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Filing 18
*TEXT ORDER* GRANTING #15 THE AMAZON DEFENDANTS' UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT. The Amazon Defendants shall file their answer or otherwise respond to Plaintiff's complaint by no later than Monday, July 26, 2021. Signed by Judge Jon Phipps McCalla on 7/9/2021. (joj)
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Filing 17
SETTING LETTER: A Telephonic Scheduling Conference is set for Friday, 8/6/2021 at 2:00 PM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs)
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Filing 16
Corporate Disclosure Statement by Amazon.Com Services, Inc. identifying Corporate Parent Amazon.Com, Inc. for Amazon.Com Services, Inc... (Swartz, James)
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Filing 15
Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Amazon.Com Services, Inc.. (Swartz, James)
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Filing 14
*TEXT ORDER* GRANTING #13 DEFENDANT JARS TD, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING. Defendant JARS TD, Inc. shall file an answer or otherwise respond to the Complaint by no later than Thursday, July 29, 2021. Signed by Judge Jon Phipps McCalla on 7/8/2021. (joj)
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Filing 13
MOTION for Extension of Time to File Answer (Unopposed) Proposed Order Submitted by Jars TD, Inc. (Morelli, Robert)
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Filing 12
NOTICE of Appearance by Robert E. Morelli, III on behalf of Jars TD, Inc (Morelli, Robert)
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Filing 11
NOTICE of Appearance by Joseph Russ Bryant on behalf of Jars TD, Inc (Bryant, Joseph)
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Filing 10
SUMMONS Returned Executed by Timothy Coleman as to Jars TD, Inc. (Botros, Paul)
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Filing 9
SUMMONS Returned Executed by Timothy Coleman as to Amazon.Com Services, Inc.. (Botros, Paul)
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Filing 8
SUMMONS Returned Executed by Amazon.Com, Inc. as to Amazon.Com, Inc.. (Botros, Paul)
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Filing 7
SUMMONS Returned Executed by Timothy Coleman as to Amazon Logistics, Inc.. (Botros, Paul)
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Filing 6
Summons Issued as to Amazon Logistics, Inc., Amazon.Com Services, Inc., Amazon.Com, Inc., Jars TD, Inc. 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, #2 summons, #3 summons)(jae)
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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 (jae)
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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 (jae)
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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 (jae)
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Filing 2
Judge Jon Phipps McCalla and Magistrate Judge Annie T. Christoff added. (jae)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATNWDC-3579178), filed by Timothy Coleman. (Attachments: #1 Civil Cover Sheet, #2 Summons as to Amazon Logistics, Inc., #3 Summons as to Amazon.Com Services, Inc., #4 Summons as to Amazon.Com, Inc., #5 Summons as to JARS TD, Inc.)(Frisch, Andrew)
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