Bourque v. C Pepper Logistics LLC et al
Charles R Bourque |
C Pepper Logistics LLC, Independent Service Provider LLC and James L Pepper |
4:2022cv00698 |
August 12, 2022 |
US District Court for the Eastern District of Texas |
Sean D Jordan |
Labor: Fair Standards |
29 U.S.C. § 201 Fair Labor Standards Act |
Both |
Docket Report
This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 55 Joint MOTION to Attend Rule 16 Management Conference Remotely by Charles R Bourque. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Smith, Joseph) |
Filing 54 REPORT of Rule 26(f) Planning Meeting. (Smith, Joseph) (Additional attachment(s) added on 9/27/2022: #1 Text of Proposed Order) (baf, ). |
Filing 53 NOTICE of Discovery Disclosure by C Pepper Logistics LLC, Independent Service Provider LLC, James L Pepper (Messina, Theodore) |
Filing 52 NOTICE of Attorney Appearance - Pro Hac Vice by Joseph Arthur Smith, III on behalf of Charles R Bourque. Filing fee $ 100, receipt number ATXEDC-9130674. (Smith, Joseph) |
Filing 51 NOTICE of Attorney Appearance - Pro Hac Vice by Joseph Arthur Smith, IV on behalf of Charles R Bourque. Filing fee $ 100, receipt number ATXEDC-9130667. (Smith, Joseph) |
Filing 50 ORDER GOVERNING PROCEEDINGS. The case is SET for a Rule 16 management conference set for 10/12/2022 at 1:00 PM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Rule 26 Meeting Joint Report due by 9/26/2022. Signed by District Judge Sean D. Jordan on 8/19/2022. (baf, ) |
Filing 49 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Withdraw as Attorney Lee H. Ayres and R. Chaz Coleman by C Pepper Logistics LLC, Independent Service Provider LLC, James L Pepper. (Attachments: #1 Text of Proposed Order)(Messina, Theodore) Modified on 8/16/2022 (baf, ). |
NOTICE of Deficiency regarding the MOTION TO WITHDRAW submitted DOCUMENT #49 - NO CERTIFICATE OF CONFERENCE AND THE SIGNING ATTORNEY DOES NOT MATCH THE LOGIN/PASSWORD USED. Correction should be made by ONE BUSINESS DAY (baf, ) |
Case ASSIGNED to District Judge Sean D. Jordan. (baf, ) |
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
Filing 48 Case transferred in from District of Texas Northern; Case Number 4:22-cv-00668. Original file certified copy of transfer order and docket sheet received. |
Filing 47 ORDER: Case transferred to Sherman Division Division of Eastern District of Texas. (Ordered by Judge Mark Pittman on 8/12/2022) (sre) [Transferred from Texas Northern on 8/12/2022.] |
Filing 46 Joint STATUS REPORT filed by C Pepper Logistics LLC, Independent Service Provider LLC, James L Pepper. (Messina, Theodore) [Transferred from Texas Northern on 8/12/2022.] |
Filing 45 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charles R Bourque. (Clerk QC note: No affiliate entered in ECF). (Sanford, Brian) [Transferred from Texas Northern on 8/12/2022.] |
Filing 44 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jgg) [Transferred from Texas Northern on 8/12/2022.] |
Filing 43 ORDER: The Court ORDERS each Party to file a status report of no more than five pages by August 9, 2022. Each status report should explain how this case is connected to the Fort Worth Division and whether the forum selection clause demands this cases transfer to the Sherman Division of the Eastern District of Texas. (Ordered by Judge Mark Pittman on 8/3/2022) (fba) [Transferred from Texas Northern on 8/12/2022.] |
Filing 42 Order: The Court finds that because the plain language of the mandatory forumselection clause dictates the Fort Worth Division to be the proper forum and because there otherwise appear to be no ties to the Dallas Division, the Court ORDERS this case to be TRANSFERRED to the Fort Worth Division of the Northern District of Texas for further proceedings. (Ordered by Judge Karen Gren Scholer on 8/3/2022) (ykp) [Transferred from Texas Northern on 8/12/2022.] |
NEW CASE NUMBER 4:22-cv-00668-P Bourque v. C Pepper Logistics LLC et al has been opened following the order of transfer entered in case number 3:22cv1473-S. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (ldm) [Transferred from Texas Northern on 8/12/2022.] |
Filing 41 Notice of Consent to United States District Court, Northern District of Texas, Dallas Division filed by C Pepper Logistics LLC, Independent Service Provider LLC, James L Pepper.(pty:dft) (Messina, Theodore) Modified text on 8/3/2022 (ygl). [Transferred from Texas Northern on 8/12/2022.] |
Filing 40 NOTICE of Consent to United States District Court, Northern District of Texas, Dallas Division filed by Charles R Bourque. (Attachments: #1 Exhibit(s) Order Transferring Case) (Sanford, Brian) Modified text and linkage on 8/3/2022 (mjr). [Transferred from Texas Northern on 8/12/2022.] |
Filing 39 NOTICE of Attorney Appearance by Brian P Sanford on behalf of Charles R Bourque. (Filer confirms contact info in ECF is current.) (Sanford, Brian) [Transferred from Texas Northern on 8/12/2022.] |
Filing 38 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Telephone Conference held on 7/26/2022. Attorney Appearances: Plaintiff - J. Arthur Smith III, J. Arthur Smith, IV; Defense - Lee Ayres. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :14. (TUB) [Transferred from Texas Northern on 8/12/2022.] |
Filing 37 ELECTRONIC ORDER: ***TIME CHANGE ONLY***The Court RESETS the July 26, 2022, telephonic status conference to July 26, 2022, at 4:30 p.m. (Ordered by Judge Karen Gren Scholer on 7/26/2022) (chmb) [Transferred from Texas Northern on 8/12/2022.] |
Filing 36 ELECTRONIC ORDER: The Court sets this case for telephonic status conference on July 26, 2022, at 4:00 PM central time. Dial-in information will be circulated to counsel via email. (Ordered by Judge Karen Gren Scholer on 7/21/2022) (chmb) [Transferred from Texas Northern on 8/12/2022.] |
Filing 35 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. (mlb) [Transferred from Texas Northern on 8/12/2022.] |
Filing 34 Case electronically transferred in from District of Louisiana Western; Case Number 6:19-cv-01558. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from Texas Northern on 8/12/2022.] |
Filing 33 MEMORANDUM ORDER that this case shall be TRANSFERRED to the United StatesDistrict Court for the Northern District of Texas for all further proceedings. Signed by Magistrate Judge Patrick J Hanna on 7/7/2022. (crt,Miletello, A) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 32 LETTER to Hon. Mag. Judge Patrick J. Hanna by Charles R Bourque (aty,Smith, Joseph) Modified docket text on 7/6/2022 (Miletello, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 31 RESPONSE Brief of Charles R. Bourque on Applicability of Forum Selection and Choice of Law Clauses re #29 Order by Charles R Bourque. (aty,Smith, Joseph) Modified docket text on 2/28/2022 (Miletello, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 30 RESPONSE re #29 Order filed by C Pepper Logistics L L C, Independent Service Provider L L C, James L Pepper. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(aty,Coleman, Ronald) Modified on 2/25/2022 to more accurately described pleading submitted (Miletello, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 29 ORDER that the parties shall file simultaneous briefs addressing the applicability of the forum selection clause found in the Agreements (See, Rec. Doc. 12) between the parties on or before the close of business on FRIDAY, FEBRUARY 25, 2022. (Compliance Deadline set for 2/25/2022.). Signed by Magistrate Judge Patrick J Hanna on 2/7/2022. (crt,Miletello, A) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 28 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE CONFERENCE held on 2/7/2022. (crt,Craig-Fontenot, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 27 ELECTRONIC MINUTE ENTRY issued by the Clerk. This matter is hereby reassigned. Case reassigned to Chief Judge S Maurice Hicks, Jr. Judge Michael J Juneau no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 2/1/2022. (crt,Whidden, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 26 ORDER granting #24 Motion for Status Conference. IT IS ORDERED that a telephone status conference will be held in this matter on the 7th day of February, 2022 at 10 a.m. to discuss the next steps for this litigation and setting of pre-trial deadlines. Signed by Magistrate Judge Patrick J Hanna on 1/26/2022. (crt,Craig-Fontenot, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Set Hearings: Magistrate Judge Telephone Conference set for 2/7/2022 10:00 AM in by phone before Magistrate Judge Patrick J Hanna. (crt,Craig-Fontenot, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 25 RESPONSE to Motion re #24 Motion for Status Conference filed by C Pepper Logistics L L C, Independent Service Provider L L C, James L Pepper. (aty,Coleman, Ronald) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 24 Second MOTION for Status Conference by Charles R Bourque. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 1/24/2022. (Attachments: #1 Proposed order)(aty,Smith, Joseph) Modified on 1/24/2022 to capture more accurate motion event (Miletello, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 23 MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 7/26/2021. The Court instructed that, once the parties received this guidance from the Court, they should confer and attempt to draft a proposed joint pre-notice discovery order for the Court's approval. Signed by Magistrate Judge Patrick J Hanna on 9/10/2021. (crt,Alexander, E) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 22 ELECTRONIC ORDER - IT IS ORDERED that counsel will join the telephone status conference previously set for MONDAY, JULY 26, 2021 at 11 A.M. (Rec. Doc. 21) by dialing 888-684-8852 and entering access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 7/23/2021. (crt,Randall, E) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 21 ORDER granting #20 Motion for Hearing. Status Conference set for 7/26/2021 11:00 AM by phone before Magistrate Judge Patrick J Hanna. Signed by Magistrate Judge Patrick J Hanna on 6/7/2021. (crt,Alexander, E) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 20 MOTION for Status Conference by Charles R Bourque. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 7/6/2021. (Attachments: #1 Proposed order)(aty,Smith, Joseph) Modified docket text on 7/7/2021. (Miletello, A) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 19 ANSWER to #1 Complaint with Jury Demand by C Pepper Logistics L L C, Independent Service Provider L L C, James L Pepper.(crt,Miletello, A) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 18 JUDGMENT granting #12 Motion to Set Aside. IT IS ORDERED, ADJUDGED, AND DECREED that Defendants Motion to Set Aside Entry of Default be GRANTED.It is FURTHER ORDERED that Defendants be granted leave to file their proposed Answer. Signed by Judge Michael J Juneau on 7/16/2020. (crt,Guidry, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 17 MINUTES OF COURT for proceedings held before Judge Michael J Juneau: MOTION HEARING held on 7/16/2020 re #12 MOTION to Set Aside Entry of Default filed by James L Pepper, Independent Service Provider L L C, C Pepper Logistics L L C. IT IS ORDERED, ADJUDGED, AND DECREED that Defendants Motion to Set Aside Entry of Default Pursuant to Federal Rules of Civil Procedure 55(c), Rec. Doc. #12 is GRANTED. IT IS FURTHER ORDERED that Defendants be granted leave to file their proposed Answer. A written ruling will be issued by the Court. (Court Reporter: Cathleen E Marquardt) (crt,Guidry, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 16 MINUTE ENTRY SETTING #12 MOTION to Set Aside Entry of Default : In light of the challenges associated with COVID-19, the recent spike in cases, and in order to limit potential exposure, IT IS ORDERED that the in-person oral argument in this matter take place by video conferencing on July 16, 2020 at 1:00 p.m. The Court will contact the parties with instruction for video conferencing. Motion day set for 7/16/2020 01:00 PM in by video conference before Judge Michael J Juneau. Signed by Judge Michael J Juneau on 7/13/2020. (crt,Guidry, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 15 REPLY MEMORANDUM in Support re #12 MOTION to Set Aside Entry of Default filed by C Pepper Logistics L L C, Independent Service Provider L L C, James L Pepper. (aty,Ayres, Lee) Modified on 6/29/2020 to modify docket text (Miletello, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 14 MEMORANDUM in Opposition re #12 MOTION to Set Aside Entry of Default filed by Charles R Bourque. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(aty,Smith, Joseph) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 13 MINUTE ENTRY SETTING #12 MOTION to Set Aside Entry of Default : IT IS ORDERED that the Motion to Set Aside Entry of Default, Rec. Doc. #12 , be SET for oral argument on July 16, 2020 at 1:00 pm in Courtroom 1 in Lafayette, Louisiana. Motion day set for 7/16/2020 01:00 PM in Lafayette, Courtroom 1 before Judge Michael J Juneau. Signed by Judge Michael J Juneau on 5/26/2020. (crt,Guidry, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Motions Transferred regarding #12 MOTION to Set Aside Entry of Default . Motions referred to Judge Michael J Juneau. (crt,MiletelloSld, A) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 12 MOTION to Set Aside Entry of Default by C Pepper Logistics L L C, Independent Service Provider L L C, James L Pepper. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 5/14/2020. (Attachments: #1 Proposed order, #2 Memorandum / Brief, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proposed Answer)(Attorney Lee H Ayres added to party C Pepper Logistics L L C(pty:dft), Independent Service Provider L L C(pty:dft), James L Pepper(pty:dft))(aty,Ayres, Lee) Modified on 5/15/2020 to modify docket text (MiletelloSld, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 11 CLERK'S ENTRY OF DEFAULT as to C Pepper Logistics L L C, Independent Service Provider L L C, James L Pepper (crt,MiletelloSld, A) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 10 MOTION/REQUEST for Entry of Default as to Independent Service Provider, LLC, C. Pepper Logistics, LLC, and James L. Pepper by Charles R Bourque. Motions referred to Patrick J Hanna.Motion Ripe Deadline set for 3/30/2020. (Attachments: #1 Memorandum / Brief, #2 Declaration of J. Arthur Smith, IV, #3 Proposed Certificate of Default, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E)(aty,Smith, J) Modified on 3/31/2020 to modify docket text(MiletelloSld, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 9 ORDER granting #8 Motion to Enroll as Counsel. Added as counsel Joseph Arthur Smith for Charles R Bourque. Signed by Magistrate Judge Patrick J Hanna on 3/27/2020. (crt,Alexander, E) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 8 MOTION for J. Arthur Smith, IV to Enroll as Counsel by Charles R Bourque. Motions referred to Patrick J Hanna.Motion Ripe Deadline set for 3/26/2020. (Attachments: #1 Proposed order)(aty,Smith, J) Modified on 3/27/2020 to modify docket text (MiletelloSld, A). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 7 SUMMONS Returned Executed by Charles R Bourque. James L Pepper served on 3/5/2020, answer due 3/26/2020. (aty,Smith, J) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 6 AFFIDAVIT of Service for Complaint served on Independent Service Provider, LLC and C Pepper Logistics, LLC on 1/6/20, answer due 1/27/2020, Service unexecuted for James L Pepper, filed by Charles R Bourque. (aty,Smith, J) Modified on 2/14/2020 to edit text (Jones, P). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 5 SUMMONS ISSUED as to C Pepper Logistics L L C, Independent Service Provider L L C and James L Pepper. (crt,Dauterive, C) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 4 PROPOSED SUMMONS to be issued as to C. Pepper Logistics, LLC, submitted by Charles R. Bourque. (aty,Smith, J) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 3 PROPOSED SUMMONS to be issued as to Independent Service Provider, LLC, submitted by Charles R. Bourque. (aty,Smith, J) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 2 PROPOSED SUMMONS to be issued as to James L. Pepper, submitted by Charles R. Bourque. (aty,Smith, J) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Filing 1 COMPLAINT against C Pepper Logistics L L C, Independent Service Provider L L C, James L Pepper with Jury Demand (Filing fee $400, receipt number ALAWDC-4125951) filed by Charles R. Bourque. (Attachments: #1 Civil cover sheet)(Attorney J Arthur Smith, III added to party Charles R. Bourque(pty:pla))(aty,Smith, J) Modified on 12/5/2019 to edit text (Jones, P). [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Jones, P) [Transferred from Louisiana Western on 7/8/2022.] [Transferred from Texas Northern on 8/12/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.