Carnley v. Muggle Towing, LLC et al
| Trey Carnley |
| Muggle Towing, LLC and Jessica Warren |
| John D Love |
| 6:2020cv00225 |
| April 30, 2020 |
| US District Court for the Eastern District of Texas |
| Jeremy D Kernodle |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on October 6, 2021. A more recent docket listing may be available from PACER.
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Filing 64
ORDER CLOSING CASE. All claims in this case are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear its own fees and costs. The Clerk of Court is instructed to close this case. Signed by District Judge Jeremy D. Kernodle on 10/06/2021. (efarris, )
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| Filing 63 STIPULATION of Dismissal with Prejudice, Joint by Trey Carnley. (Sanford, Joshua) |
| Filing 62 STATUS REPORT , Joint by Trey Carnley. (Sanford, Joshua) |
| Filing 61 STATUS REPORT , Joint by Trey Carnley. (Sanford, Joshua) |
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Filing 60
ORDER GOVERNING PROCEEDINGS re #59 Status Report. The Court ORDERS the parties to file a status report every thirty days to explain why such documents have not been filed. Signed by District Judge Jeremy D. Kernodle on 7/29/2021. (efarris, )
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| Filing 59 STATUS REPORT --Second Joint Status Report by Trey Carnley. (Sanford, Joshua) |
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Filing 58
ORDER re #57 Status Report. The Court ORDERS the parties to file by July 28, 2021, the appropriate dismissal documents or a status report explaining why such documents have not been filed. The Court's stay of all pending deadlines in the #11 Scheduling Order remains in effect. Signed by District Judge Jeremy D. Kernodle on 7/15/2021. (efarris, )
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| Filing 57 STATUS REPORT , Joint by Trey Carnley. (Sanford, Joshua) |
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Filing 56
ORDER GOVERNING PROCEEDINGS. The Court hereby ORDERS that all pending deadlines in the #11 Scheduling Order are stayed until further notice. Signed by District Judge Jeremy D. Kernodle on 6/14/2021. (efarris, )
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| Filing 55 REPORT of Mediation. Mediation result: Settlement(gsg) |
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Filing 54
ORDER REGARDING TRIAL PROCEDURE. Signed by District Judge Jeremy D. Kernodle on 06/10/21. (mll, )
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| Filing 53 TRIAL BRIEF by Muggle Towing, LLC, Jessica Warren. (Noteware, Daniel) |
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Filing 52
SETTLEMENT CONFERENCE ORDER. Signed by Magistrate Judge John D. Love on 05/26/21. (mll, )
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| Filing 51 NOTICE by Trey Carnley Plaintiff's Notice of Time Requested for Trial (Sanford, Joshua) |
| Filing 50 TRIAL BRIEF Plaintiff's Trial Brief by Trey Carnley. (Sanford, Joshua) |
| Filing 49 Proposed Findings of Fact by Muggle Towing, LLC, Jessica Warren. (Noteware, Daniel) |
| Filing 48 NOTICE by Muggle Towing, LLC, Jessica Warren Estimated Time Requested for Trial (Noteware, Daniel) |
| Filing 47 Proposed Findings of Fact by Trey Carnley. (Sanford, Joshua) |
| Filing 46 Proposed Pretrial Order Joint Pretrial Order by Trey Carnley. (Attachments: #1 Exhibit 1. Plaintiff's Witness List, #2 Exhibit 2. Defendants' Witness List, #3 Exhibit 3. Plaintiff's Exhibit List, #4 Exhibit 4. Defendants' Exhibit List)(Sanford, Joshua) |
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Filing 45
ORDER granting #44 Motion for Extension of Time to File. IT IS THEREFORE ORDERED that the Parties' Settlement Conference Deadline in theCourt's Scheduling Order #11 is extended from May 24, 2021 until and through June 10, 2021. Signed by District Judge Jeremy D. Kernodle on 5/24/2021. (efarris, )
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| Filing 44 Joint MOTION for Extension of Time to File / Complete Settlement Conference by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
| NOTICE of Hearing: Settlement Conference/Mediation set for 6/10/2021 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. (srb) |
| Filing 43 NOTICE of Attorney Appearance - Pro Hac Vice by Colby Qualls on behalf of Trey Carnley. Filing fee $ 100, receipt number 0540-8416886. (Qualls, Colby) |
| Filing 42 NOTICE by Muggle Towing, LLC, Jessica Warren Notice of Compliance (Noteware, Daniel) |
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Filing 41
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #39 Report and Recommendation and DENYING #30 Motion for Summary Judgment. Signed by District Judge Jeremy D. Kernodle on 03/31/2021. (efarris, )
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| Filing 40 RESPONSE by Muggle Towing, LLC, Jessica Warren re #39 Report and Recommendations (Noteware, Daniel) Modified on 3/25/2021 (gsg). |
| Filing 39 REPORT AND RECOMMENDATIONS. It is RECOMMENDED that the Motion for Summary Judgment Pursuant to Motor Carrier Act #30 be DENIED. Signed by Magistrate Judge K. Nicole Mitchell on 03/08/21. (mll, ) |
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Filing 38
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #37 Report and Recommendations, GRANTING #18 Motion to Dismiss and DENYING AS MOOT #8 Motion to Dismiss. Signed by District Judge Jeremy D. Kernodle on 2/23/2021. (efarris, )
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| Filing 37 REPORT AND RECOMMENDATIONS of the United States Magistrate Judge re #18 MOTION to Dismiss Amended Counterclaims filed by Trey Carnley, #8 MOTION to Dismiss Counterclaims filed by Trey Carnley. RECOMMENDED that the Motion to Dismiss Counterclaims (ECF 8) be DENIED AS MOOT and that the Motion to Dismiss Amended Counterclaims (ECF 18) be GRANTED. Signed by Magistrate Judge K. Nicole Mitchell on 2/1/21. (gsg) |
| Filing 36 REPLY to Response to Motion re #30 MOTION for Summary Judgment Pursuant to Motor Carrier Act filed by Muggle Towing, LLC, Jessica Warren. (Noteware, Daniel) |
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Filing 35
ORDER REFERRING MOTION: #30 MOTION for Summary Judgment Pursuant to Motor Carrier Act filed by Muggle Towing, LLC, Jessica Warren. Signed by District Judge Jeremy D. Kernodle on 1/20/2021. (efarris, )
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Response/Reply. Defendants' reply shall be due by 1/22/2021. Signed by District Judge Jeremy D. Kernodle on 1/15/2021. (efarris, )
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| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 Response in Opposition to Motion, #30 MOTION for Summary Judgment Pursuant to Motor Carrier Act by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
| Filing 32 RESPONSE in Opposition re #30 MOTION for Summary Judgment Pursuant to Motor Carrier Act filed by Trey Carnley. (Attachments: #1 Exhibit 1: Declaration of Trey Carnley, #2 Text of Proposed Order)(Sanford, Joshua) (Additional attachment(s) added on 1/8/2021: #3 Corrected Proposed Order) (gsg, ). |
| Filing 31 REPORT of Mediation by Magistrate Judge John D Love. Mediation result: Impasse(gsg) |
| Filing 30 MOTION for Summary Judgment Pursuant to Motor Carrier Act by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
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Filing 29
ORDER granting #28 Motion to Conduct Mediation Via Video Conferencing. Signed by District Judge Jeremy D. Kernodle on 12/17/2020. (efarris, )
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| Filing 28 Unopposed MOTION Unopposed Motion for Mediation via Video Conference by Trey Carnley. (Attachments: #1 Text of Proposed Order)(Sanford, Joshua) |
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Filing 27
ORDER granting #26 Motion for Protective Order. Signed by District Judge Jeremy D. Kernodle on 12/10/2020. (efarris, )
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| Filing 26 Joint MOTION for Protective Order by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
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Filing 25
ORDER setting Mediation Conference for 1/4/2021 01:30 PM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 12/07/20. (mll, )
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| Filing 24 NOTICE by Muggle Towing, LLC, Jessica Warren Joint Notice of Extension of Discovery Deadline (Noteware, Daniel) |
| Filing 23 REPLY to Response to Motion re #18 MOTION to Dismiss Amended Counterclaims filed by Trey Carnley. (Sanford, Joshua) |
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Filing 22
ORDER REFERRING MOTION: #18 MOTION to Dismiss Amended Counterclaims filed by Trey Carnley, #8 MOTION to Dismiss Counterclaims filed by Trey Carnley. Signed by District Judge Jeremy D. Kernodle on 10/26/2020. (efarris, )
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| Filing 21 RESPONSE in Opposition re #18 MOTION to Dismiss Amended Counterclaims filed by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #18 MOTION to Dismiss Amended Counterclaims. Responses due by 10/23/2020. Signed by District Judge Jeremy D. Kernodle on 10/19/2020. (gsg)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Amended Counterclaims by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
| Filing 18 MOTION to Dismiss Amended Counterclaims by Trey Carnley. (Attachments: #1 Text of Proposed Order)(Sanford, Joshua) |
| Filing 17 First Amended ANSWER to #1 Complaint , COUNTERCLAIM against Trey Carnley by Jessica Warren, Muggle Towing, LLC.(Noteware, Daniel) |
| Filing 16 REPLY to Response to Motion re #8 MOTION to Dismiss Counterclaims Reply in Support of Motion to Dismiss Counterclaims filed by Trey Carnley. (Sanford, Joshua) |
| Filing 15 RESPONSE in Opposition re #8 MOTION to Dismiss Counterclaims filed by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
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Filing 14
ORDER APPOINTING MEDIATOR U.S. Magistrate Judge John D. Love signed by District Judge Jeremy D. Kernodle on 08/17/2020. (ksd )
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| Filing 13 NOTICE by Trey Carnley Joint Notice of Mediator (Sanford, Joshua) |
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Filing 12
ORDER granting #10 Motion for Extension of Time to File Response/Reply re #8 MOTION to Dismiss Counterclaims; Responses due by 8/17/2020. Signed by District Judge Jeremy D. Kernodle on 08/11/20. (mll, )
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Filing 11
SCHEDULING ORDER. Amended Pleadings due by 9/22/2020. Joinder of Parties due by 9/22/2020. Joint Pretrial Order due by 5/24/2021. Jury Selection set for 6/21/2021 at 09:00 AM in Tyler Courthouse before District Judge Jeremy D. Kernodle. Jury Trial set for 6/21/2021 at 09:00 AM in Tyler Courthouse before District Judge Jeremy D. Kernodle. Signed by District Judge Jeremy D. Kernodle on 7/27/2020. (gsg)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss Counterclaims by Muggle Towing, LLC, Jessica Warren. (Attachments: #1 Text of Proposed Order)(Noteware, Daniel) |
| Filing 9 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order)(Sanford, Joshua) |
| Filing 8 MOTION to Dismiss Counterclaims by Trey Carnley. (Attachments: #1 Text of Proposed Order)(Sanford, Joshua) (Additional attachment(s) added on 7/30/2020: #2 Corrected Proposed Order) (gsg, ). |
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Filing 7
ORDER GOVERNING PROCEEDINGS. Signed by District Judge Jeremy D. Kernodle on 6/25/2020. (gsg)
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| Filing 6 ANSWER to #1 Complaint , COUNTERCLAIM against Trey Carnley by Jessica Warren, Muggle Towing, LLC.(Noteware, Daniel) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Muggle Towing, LLC to 6/22/2020; Jessica Warren to 6/22/2020. 30 Days Granted for Deadline Extension.( gsg ) |
| Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Muggle Towing, LLC, Jessica Warren.( Noteware, Daniel) (Additional attachment(s) added on 5/22/2020: #1 Corrected Application) (gsg, ). |
| Filing 4 SUMMONS Returned Executed by Trey Carnley. Muggle Towing, LLC served on 5/1/2020, answer due 5/22/2020. (Sanford, Joshua) |
| Filing 3 SUMMONS Returned Executed by Trey Carnley. Jessica Warren served on 5/1/2020, answer due 5/22/2020. (Sanford, Joshua) |
| Filing 2 SUMMONS Issued as to Muggle Towing, LLC and Jessica Warren. Emailed to plaintiff to serve. (Attachments: #1 Summons(es))(ndc) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7773164.), filed by Trey Carnley. (Attachments: #1 Civil Cover Sheet)(Sanford, Joshua) |
| District Judge Jeremy D. Kernodle added. (mll, ) |
| 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. (mll, ) |
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