Morton v. Acorn Outdoor Services, Inc. et al

Plaintiff: Dusty Morton, Brent Harvey, Ray Jackson, Logan Spurlock, Khamrin Massingill, Dwyatt Patrick, Tucker Johnson, Jesus Hernandez, Lance Gresham, Gregory Neyland, Christopher Saxton, Ethan Maze, Alexis Balderas, Ryan Havard, Keyshaun Chatman, Kristian Brooker, Justin Bunker and John Veriato
Defendant: Acorn Outdoor Services, Inc. and Justin Penick
Case Number: 9:2020cv00245
Filed: December 14, 2020
Court: US District Court for the Eastern District of Texas
Presiding Judge: Michael J Truncale
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2021 Filing 36 ORDERED that this case is dismissed with prejudice, and the parties shall bear their own attorneys' fees and costs. Ordered that all pending motions in this matter be denied as moot. Signed by District Judge Michael J. Truncale on 12/14/2021. (bjc, )
December 9, 2021 Filing 35 STIPULATION of Dismissal with Prejudice, Joint by Dusty Morton. (Sanford, Joshua)
November 17, 2021 Filing 34 ORDER granting #33 Plaintiffs' Withdrawal of Joint Stipulation of Dismissal with Prejudice and Joint Motion for Extension of Time to File Joint Stipulation of Dismissal. It is further ORDERED that the deadline to submit dismissal documents in this matter is now December 16, 2021. Signed by District Judge Michael J. Truncale on 11/17/21. (ljw, )
November 16, 2021 Filing 33 Joint MOTION for Extension of Time to File --Withdrawal of Joint Stipulation of Dismissal with Prejudice and Joint Motion for Extension of Time to File Joint Stipulation of Dismissal by Dusty Morton. (Sanford, Joshua)
November 8, 2021 Filing 32 STIPULATION of Dismissal with Prejudice, Joint by Dusty Morton. (Sanford, Joshua)
October 8, 2021 Filing 31 ORDERED that all parties or their counsel shall submit to the court all papers necessary for the closing of this case and its removal from the active docket of the Court on or before November 8, 2021. Ordered that all Court dates and pending deadlines are hereby vacated. Signed by District Judge Michael J. Truncale on 10/8/2021. (bjc, )
October 8, 2021 Filing 30 NOTICE of Settlement , Joint by Dusty Morton (Sanford, Joshua)
June 30, 2021 Filing 29 NOTICE by Dusty Morton Consent to Join -- John Veriato (Sanford, Joshua)
June 25, 2021 Filing 28 NOTICE by Dusty Morton Consent to Join -- Justin Bunker (Sanford, Joshua)
June 24, 2021 Filing 27 ORDER granting #25 Joint Motion to Withdraw Consent to Join Opt-in Tucker Johnson. Signed by District Judge Michael J. Truncale on 6/24/21. (ljw, )
June 22, 2021 Filing 26 NOTICE by Dusty Morton Consent to Join -- Kristian Brooker (Sanford, Joshua)
June 22, 2021 Filing 25 Joint MOTION to Withdraw Consent to Join of Opt-In Plaintiff Tucker Johnson by Dusty Morton. (Attachments: #1 Text of Proposed Order)(Sanford, Joshua)
June 21, 2021 Filing 24 NOTICE by Dusty Morton Consent to Join -- Keyshaun Chatman (Sanford, Joshua)
June 16, 2021 ***FILED IN ERROR by Attorney. Document # 23, Notice of Withdrawal of Consent. PLEASE IGNORE. Attorney must file a Motion to withdraw. *** (ljw, )
June 16, 2021 Filing 23 PLEASE IGNORE, MUST BE FILED AS A MOTION NOTICE by Dusty Morton Withdrawal of Consent of Opt-In Plaintiff Tucker Johnson (Sanford, Joshua) Modified on 6/17/2021 (ljw, ).
June 10, 2021 Filing 22 NOTICE by Dusty Morton Consent to Join -- Brent Harvey (Sanford, Joshua)
June 3, 2021 Filing 21 NOTICE by Dusty Morton Consent to Join -- Logan Spurlock (Sanford, Joshua)
May 25, 2021 Filing 20 NOTICE by Dusty Morton Consent to Join -- Alexis Balderas (Sanford, Joshua)
May 21, 2021 Filing 19 NOTICE by Dusty Morton Consent to Join -- Ray Jackson (Sanford, Joshua)
May 19, 2021 Filing 18 NOTICE by Dusty Morton Consents to Join -- Ryan Havard and Ethan Maze (Sanford, Joshua)
May 14, 2021 Filing 17 NOTICE by Dusty Morton Consents to Join -- Jesus Hernandez and Tucker Johnson (Sanford, Joshua)
May 13, 2021 Filing 16 NOTICE by Dusty Morton Consent to Join -- Gregory Neyland (Sanford, Joshua)
May 11, 2021 Filing 15 NOTICE by Dusty Morton Consents to Join -- Lance Gresham, Khamrin Massingill, Dwyatt Patrick and Christopher Saxton (Sanford, Joshua)
April 12, 2021 Filing 14 ORDER granting #13 the Parties' Joint Motion for Certification of a Collective Action and Notice to Collective Action Members & denying as moot #10 the Parties' Joint Motion for Conditional Certification. Signed by District Judge Michael J. Truncale on 4/12/21. (ljw, )
March 31, 2021 Filing 13 Agreed MOTION to Certify Class Certification of a Collective Action by Dusty Morton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Sanford, Joshua) (Additional attachment(s) added on 3/31/2021: #6 Revised Proposed Order) (bjc, ).
March 18, 2021 Filing 12 SCHEDULING ORDER: Final Pretrial Conference is set for 1/13/2022 at 9:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Bench Trial is set for 1/18/2022 at 9:00 AM in the Ward R. Burke Federal Courthouse, 104 N. Third Street, Lufkin, Texas. Signed by District Judge Michael J. Truncale on 3/18/21. (ljw, )
March 18, 2021 Bench Trial set for 1/18/2022 at 9:00 AM in Ctrm 102 (Lufkin) before District Judge Michael J. Truncale. (ljw, )
March 17, 2021 Filing 11 NOTICE of Attorney Appearance by Paul Michael Knettel on behalf of Acorn Outdoor Services, Inc., Justin Penick (Knettel, Paul)
March 17, 2021 Minute Entry for proceedings held before District Judge Michael J. Truncale: Case Management Conference held on 3/17/2021 via telephone. Attorneys present: Joshua Sanford, Mark Temple, Paul Knettel. Court will enter scheduling order. (Court Reporter None.) (jmv, )
March 15, 2021 Filing 10 Joint MOTION to Certify Class for Conditional Certification and Notice to Collective Action Members by Dusty Morton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Sanford, Joshua)
March 5, 2021 Filing 9 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Appendix Proposed Scheduling Order Deadlines)(Sanford, Joshua)
February 2, 2021 Filing 8 ORDER SETTING CIVIL ACTION FOR RULE 16 MANAGEMENT CONFERENCE. Rule 26(f) Attorney Conference on or before February 19, 2021. The case is SET for a Rule 16 Case Management Conference on March 17, 2021 at 10:00 a.m., via telephone. Signed by District Judge Michael J. Truncale on 2/2/21. (ljw, )
February 1, 2021 Magistrate Judge Zack Hawthorn no longer assigned to case. (ljw, )
January 31, 2021 Filing 7 ORDER TRANSFERRING CASE. For effective disposition of cases in the Eastern District of Texas, this Lufkin civil case is hereby transferred from Judge Ron Clark to Judge Michael Truncale. Signed by District Judge Ron Clark on 1/31/21. (ljw, )
January 13, 2021 Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Acorn Outdoor Services, Inc. (Temple, Mark)
January 13, 2021 Filing 5 Defendants' ANSWER to #1 Complaint, by Acorn Outdoor Services, Inc., Justin Penick.(Temple, Mark)
January 11, 2021 Filing 4 SUMMONS Returned Executed by Dusty Morton. Justin Penick served on 12/23/2020, answer due 1/13/2021. (Sanford, Joshua)
January 11, 2021 Filing 3 SUMMONS Returned Executed by Dusty Morton. Acorn Outdoor Services, Inc. served on 12/23/2020, answer due 1/13/2021. (Sanford, Joshua)
December 15, 2020 Filing 2 SUMMONS Issued as to Acorn Outdoor Services, Inc. & Justin Penick and emailed to Attorney in Charge for service. (Attachments: #1 Penick Summons)(ljw, )
December 15, 2020 Case assigned to District Judge Ron Clark. (ljw, )
December 15, 2020 CASE REFERRED to Magistrate Judge Zack Hawthorn. (ljw, )
December 15, 2020 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. (ljw, )
December 14, 2020 Filing 1 COMPLAINT against Acorn Outdoor Services, Inc., Justin Penick ( Filing fee $ 402 receipt number 0540-8152039.), filed by Dusty Morton. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Consent to Join -- Dusty Morton, #3 Summons(es) Summonses -- Acorn Outdoor Services, Inc., and Justin Penick)(Sanford, Joshua)

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Search for this case: Morton v. Acorn Outdoor Services, Inc. et al
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Plaintiff: Dusty Morton
Represented By: Joshua Jon Sanford
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Plaintiff: Brent Harvey
Represented By: Joshua Jon Sanford
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Plaintiff: Ray Jackson
Represented By: Joshua Jon Sanford
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Plaintiff: Logan Spurlock
Represented By: Joshua Jon Sanford
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Plaintiff: Khamrin Massingill
Represented By: Joshua Jon Sanford
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Plaintiff: Dwyatt Patrick
Represented By: Joshua Jon Sanford
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Plaintiff: Tucker Johnson
Represented By: Joshua Jon Sanford
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Plaintiff: Jesus Hernandez
Represented By: Joshua Jon Sanford
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Plaintiff: Lance Gresham
Represented By: Joshua Jon Sanford
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Plaintiff: Gregory Neyland
Represented By: Joshua Jon Sanford
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Plaintiff: Christopher Saxton
Represented By: Joshua Jon Sanford
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Plaintiff: Ethan Maze
Represented By: Joshua Jon Sanford
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Plaintiff: Alexis Balderas
Represented By: Joshua Jon Sanford
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Plaintiff: Ryan Havard
Represented By: Joshua Jon Sanford
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Plaintiff: Keyshaun Chatman
Represented By: Joshua Jon Sanford
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Plaintiff: Kristian Brooker
Represented By: Joshua Jon Sanford
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Plaintiff: Justin Bunker
Represented By: Joshua Jon Sanford
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Plaintiff: John Veriato
Represented By: Joshua Jon Sanford
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Defendant: Acorn Outdoor Services, Inc.
Represented By: Mark Douglas Temple
Represented By: Paul Michael Knettel
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Defendant: Justin Penick
Represented By: Mark Douglas Temple
Represented By: Paul Michael Knettel
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