Helgason et al v. Perrys Restaurants LTD et al
| Rian Helgason and Caroline Crawford |
| PBS Holdings, Inc., Christopher V. Perry, Leasing Enterprises, LTD, Perrys Restaurants LTD, Perrys LLC, Perry's Restaurants LTD, Leasing Enterprises LTD collectively doing business as Perry's Steakhouse and Grille, Christopher V Perry, PBS Holdings Inc and Perry's LLC |
| ADR Provider |
| 3:2020cv01573 |
| June 12, 2020 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Karen Gren Scholer |
| Labor: Fair Labor Standards Act |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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Filing 189
ELECTRONIC ORDER: IT IS ORDERED that #188 Plaintiffs' Unopposed Motion for Extension of Time to File Reply in Support of Plaintiffs' Motion for Attorneys' Fees, to and including December 9, 2022, is GRANTED. (Ordered by Judge Karen Gren Scholer on 11/21/2022) (chmb)
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Filing 188
MOTION for Extension of Time to File Reply to #178 MOTION for Attorney Fees (Pursuant to Fed. R. Civ. P. 54(d)) filed by Caroline Crawford, Rian Helgason. (Attachments: #1 Proposed Order) (Herrmann, Drew) Modified text on 11/22/2022 (sxf).
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Filing 187
CORRECTED RESPONSE filed by Perry's Restaurants LTD re: #178 MOTION for Attorney Fees Pursuant to Fed. R. Civ. P. 54(d), #179 Appendix in Support (Schooler, Lionel) Modified text on 11/16/2022 (svc).
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Filing 186
Appendix in Support filed by Perry's Restaurants LTD re #185 Response/Objection, (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Schooler, Lionel)
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Filing 185
RESPONSE filed by Perry's Restaurants LTD re: #178 MOTION for Attorney Fees Pursuant to Fed. R. Civ. P. 54(d) (Attachments: #1 Proposed Order Regarding Plaintiffs' Application for Attorney's Fees) (Schooler, Lionel)
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Filing 184
(Document Restricted) Sealed Appendix in Support re: #183 Motion for Leave to File, (Sealed pursuant to SO 19-1, statute, or rule) filed by Christopher V Perry (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Schooler, Lionel)
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Filing 183
MOTION for Leave to File Under Seal Certain Exhibits to its Response to Plaintiffs' Application for Attorney's Fees filed by Perry's Restaurants LTD with Brief/Memorandum in Support. (Attachments: #1 Proposed Order on Motion to File Under Seal Certain Exhibits to its Response to Plaintiffs' Application for Attorney's Fees) (Schooler, Lionel)
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Filing 182
ELECTRONIC ORDER: IT IS ORDERED that #181 Defendant's Unopposed Request for Extension of Time to Respond to Plaintiff's Motion for Attorney's Fees, to and including November 10, 2022, is GRANTED. (Ordered by Judge Karen Gren Scholer on 10/30/2022) (chmb)
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Filing 181
MOTION for Extension of Time to File Response/Reply to #178 MOTION for Attorney Fees Pursuant to Fed. R. Civ. P. 54(d) filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order Granting Defendant's Unopposed Request for Extension of Time to Respond to Plaintiffs' Motion for Attorneys' Fees) (Schooler, Lionel)
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Filing 180
ELECTRONIC ORDER: The Court GRANTS the parties' #176 Joint Motion to Reopen Case and directs the Clerk of the Court to administratively REOPEN this case for further proceedings in connection with #178 Plaintiff's Motion for Attorneys' Fees. (Ordered by Judge Karen Gren Scholer on 10/16/2022) (chmb)
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Filing 179
Appendix in Support filed by Caroline Crawford, Rian Helgason re #178 MOTION for Attorney Fees Pursuant to Fed. R. Civ. P. 54(d) (Attachments: #1 Exhibit(s) 1 Declaration of Drew N. Herrmann, #2 Exhibit(s) 1-A Herrmann Law Time Records, #3 Exhibit(s) 1-B Herrmann Law Taxable Costs, #4 Exhibit(s) 1-C Herrmann Law Expense Records, #5 Exhibit(s) 2 Declaration of Douglas B. Welmaker, #6 Exhibit(s) 3 Jackson Walker Hourly Rates in Benevis, #7 Exhibit(s) 4 Jackson Walker Hourly Rates in Berger, #8 Exhibit(s) 5 Hourly Rates in Westmoreland, #9 Exhibit(s) 6 Hourly Rates in West Holdings, #10 Exhibit(s) 7 Hourly Rates in Medoc Health, #11 Exhibit(s) 8 Attorneys Fees Award in Ettorre v. New York Pizzeria, Inc. et al., No. 4:19-cv-00245, ECF 65 (S.D. Tex. July 26, 2021) (Hughes, J.), #12 Exhibit(s) 9 Invoices Supporting Costs and Expenses, #13 Exhibit(s) 10 Email Communications re Failures to Confer, #14 Exhibit(s) 11 Hearing Transcript re Motion to Compel, #15 Exhibit(s) 12 Richard Henderson Rule 30(b)(6) Deposition Transcript, #16 Exhibit(s) 13 David Freeman Rule 30(b)(6) Deposition Transcript (Part I), #17 Exhibit(s) 14 Priscilla Ortiz Supplemental Declaration, #18 Exhibit(s) 15 Anthony Garcia Supplemental Declaration, #19 Exhibit(s) 16 Multiple Document Productions after the Discovery Deadline) (Herrmann, Drew)
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Filing 178
MOTION for Attorney Fees Pursuant to Fed. R. Civ. P. 54(d) filed by Caroline Crawford, Rian Helgason with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 177
Joint STIPULATION OF DISMISSAL WITH PREJUDICE ALL CLAIMS OTHER THAN PLAINTIFFS' CLAIM FOR ATTORNEYS' FEES AND COSTS by Caroline Crawford, Rian Helgason. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 176
Joint MOTION to Reopen Case filed by Caroline Crawford, Rian Helgason (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 175
ELECTRONIC ORDER: IT IS ORDERED that #174 Joint Motion to Extend Deadlines, to and including October 14, 2022, is GRANTED. (Ordered by Judge Karen Gren Scholer on 9/29/2022) (chmb)
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Filing 174
Joint MOTION to Extend Time to File Dismissal Documents and for Plaintiffs to file a Motion for Attorneys' Fees and Costs filed by Caroline Crawford, Rian Helgason (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 173
Notice of Filing of Official Electronic Transcript of Pretrial Conference Proceedings held on 8/23/2022 before Judge Karen Gren Scholer. Court Reporter/Transcriber Thu "Tutti" Bui, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (6 pages) Redaction Request due 9/28/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/6/2022. (TUB)
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Filing 172
ORDER: The trial setting and related deadlines are hereby SET ASIDE, and this case is ADMINISTRATIVELY CLOSED without prejudice to its being reopened upon a motion by any party or to enter a judgment. (Ordered by Judge Karen Gren Scholer on 8/23/2022) (ygl)
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Filing 171
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Pretrial Conference held on 8/23/2022. Attorney Appearances: Plaintiff - Drew Herrmann, Pamela Herrmann; Defense - Scott McElhaney. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :19. (TUB)
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Filing 170
RESPONSE filed by Perry's Restaurants LTD re: #167 Sealed and/or Ex Parte Response/Objection, (Attachments: #1 Exhibit(s) Tab A (Gutierrez Decl), #2 Exhibit(s) Tab B (Henderson Dep), #3 Exhibit(s) Tab C (Freeman Dep)) (McElhaney, Scott)
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Filing 169
Exhibit List (First Amended Exhibit List) by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 168
Witness List by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 167
(Document Restricted) Sealed Objection re: #140 Exhibit List, #139 Witness List (Sealed pursuant to order dated 3/7/2022) filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s) Plaintiffs' Amended Objection List, #2 Exhibit(s) Plaintiffs' Sample Sets) (Herrmann, Drew)
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Filing 166
RESPONSE filed by Caroline Crawford, Rian Helgason re: #144 Trial Brief, #145 Trial Brief (Attachments: #1 Exhibit(s) Final Judgment Awarding Damages in, Steele et al. v. Leasing Enterprises Ltd., et al., Case No. 4:09-cv-029789 (S.D. Tex. Feb. 24, 2015)) (Herrmann, Drew)
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Filing 165
NOTICE of Filing Authorities (Jury Instructions) re: #164 Response/Objection filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s) (1) Jury Instructions in Roussell et al. v. Brinker International, Inc., Case No. 4:05-cv- 03733, ECF Document No. 278 (S.D. Tex. March 23, 2009), #2 Exhibit(s) (2) Jury Instructions in Alex et al. v. KHG of San Antonio, LLC, 5:13-cv-728-RCL, ECF Document 120 (W.D. Tex. March 12, 2015), #3 Exhibit(s) (3) Jury Instructions in Olibas et. al. v. Native Oilfield Services, LLC, Case No. 3:11-cv- 02388-B, ECF Document 266 (N.D. Tex. Aug. 5, 2014), #4 Exhibit(s) (4) Jury Instructions in Montano, et al. v. Montrose Restaurant Associates, Inc., Case No. 4:12-cv-00153, ECF Document 81 (S.D. Tex. Feb 23, 2017), #5 Exhibit(s) (5) Montano II - finding Plaintiff waived issues regarding Jury Instructions given in Montano, et al. v. Montrose Restaurant Associates, Inc., Case No. 4:12-cv- 00153, ECF Document 81 (S.D. Tex. Feb 23, 2017), #6 Exhibit(s) (6) Relevant Fifth Circuit Pattern Jury Instructions - Fair Labor Standards Act Instructions) (Herrmann, Drew)
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Filing 164
OBJECTION filed by Caroline Crawford, Rian Helgason re: #143 Proposed Jury Charge/Instructions (Herrmann, Drew)
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Filing 163
RESPONSE filed by Caroline Crawford, Rian Helgason re: #142 MOTION in Limine (Attachments: #1 Proposed Order) (Luttrell, Allison)
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Filing 162
NOTICE of Filing Copies of Statutes and Regulations filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) Tab A (US Code 2012), #2 Exhibit(s) Tab B (CAA), #3 Exhibit(s) Tab C (US Code 2020), #4 Exhibit(s) Tab D (CFR through 2011 amendments), #5 Exhibit(s) Tab E (CFR current), #6 Exhibit(s) Tab F (CFR comparison)) (McElhaney, Scott)
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Filing 161
OBJECTION filed by Perry's Restaurants LTD re: #151 Proposed Jury Charge/Instructions (McElhaney, Scott)
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Filing 160
ORDER: It is ORDERED that the jury in the above-styled and numbered cause be sequestered from the time they report to the jury room each day until released by the Court at the end of each day. (Ordered by Judge Karen Gren Scholer on 8/17/2022) (mla)
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Filing 159
ELECTRONIC ORDER: The Court RESETS the August 22, 2022, pretrial conference to August 23, 2022, at 11:00 a.m., to be conducted in person. (Ordered by Judge Karen Gren Scholer on 8/11/2022) (chmb)
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Filing 158
ELECTRONIC ORDER: As stated on the record at the August 4, 2022, pretrial conference, the Court sets additional in-person pretrial conferences on August 22, 2022, at 3:30 p.m. and August 31, 2022, at 3:30 p.m. (Ordered by Judge Karen Gren Scholer on 8/5/2022) (chmb)
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Filing 157
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Pretrial Conference held on 8/4/2022. Attorney Appearances: Plaintiff - Drew Herrmann, Pamela Herrmann; Defense - Scott McElhaney, Brooke Willard. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 1:24. (TUB)
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Filing 156
RESPONSE filed by Caroline Crawford, Rian Helgason re: #142 MOTION in Limine (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 155
OBJECTION filed by Perry's Restaurants LTD re: #149 Exhibit List (McElhaney, Scott) Modified text on 8/5/2022 (ykp).
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Filing 154
RESPONSE AND OBJECTION filed by Caroline Crawford, Rian Helgason re: #143 Proposed Jury Charge/Instructions (Herrmann, Drew)
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Filing 153
RESPONSE AND OBJECTION filed by Caroline Crawford, Rian Helgason re: #140 Exhibit List (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Herrmann, Drew)
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Filing 152
TRIAL BRIEF by Caroline Crawford, Rian Helgason. (Herrmann, Drew)
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Filing 151
Proposed Jury Instructions filed by Caroline Crawford, Rian Helgason. (Herrmann, Drew)
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Filing 150
Proposed Voir Dire by Caroline Crawford, Rian Helgason. (Herrmann, Drew)
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Filing 149
Exhibit List by Caroline Crawford, Rian Helgason. (Herrmann, Drew)
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Filing 148
Witness List by Caroline Crawford, Rian Helgason. (Herrmann, Drew)
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Filing 147
MOTION in Limine filed by Caroline Crawford, Rian Helgason (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 146
Proposed Pretrial Order by Caroline Crawford, Rian Helgason. (Herrmann, Drew)
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Filing 145
TRIAL BRIEF on Recoupment of Tip Pool Contributions by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 144
TRIAL BRIEF on Remedies for Making Improper Uniform or Equipment Deductions by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 143
Proposed Jury Instructions filed by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 142
MOTION in Limine filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order) (McElhaney, Scott)
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Filing 141
Proposed Voir Dire by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 140
Exhibit List by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 139
Witness List by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 138
Defendant's Pretrial Disclosures filed by Perry's Restaurants LTD. (McElhaney, Scott)
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Filing 137
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Drew N. Herrmann, Pamela G. Hermann and Lionel Mark Schooler. Prv Fee: $ 5,995.00. Outcome of ADR: Continuing to work with parties to reach a settlement. (Morgan, Cecilia)
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Filing 136
Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 4/14/2022 before Judge Karen Gren Scholer. Court Reporter/Transcriber Thu "Tutti" Bui, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (6 pages) Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/11/2022. (TUB)
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Filing 135
ELECTRONIC ORDER: As a result of the Court's #134 Notice of Special Trial Setting and Order, the Court DENIES AS MOOT #132 Defendant's Motion to Set Trial During the Third Week of the Trial Docket. (Ordered by Judge Karen Gren Scholer on 7/6/2022) (chmb)
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Filing 134
NOTICE OF SPECIAL TRIAL SETTING AND ORDER: Pretrial Materials due by 8/1/2022. Pretrial Order due by 8/1/2022. Jury Trial set for 9/1/2022 08:30 AM before Judge Karen Gren Scholer. Pretrial Conference set for 8/4/2022 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 7/5/2022) (jmg)
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Filing 133
SECOND ORDER REFERRING CASE TO MEDIATION. The court appoints Cecilia H Morgan as mediator. Mediation shall be in person and take place at the Mediator's offices at 9:30 a.m. on Friday, 7/22/2022, unless otherwise directed by the Mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 7/1/2022) (ygl)
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Filing 132
MOTION to Set Trial During the Third Week of the Trial Docket filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order Granting Defendants Motion to Set Trial During the Third Week of the Trial Docket) (Schooler, Lionel)
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Filing 131
ELECTRONIC ORDER: As a result of the Court's Orders denying #77 Defendant's Motion for Partial Summary Judgment and #82 Plaintiffs' Motion for Partial Summary Judgment, the Court DENIES AS MOOT #96 Plaintiffs' Motion to Strike and Objections to Defendant's Summary Judgment Evidence and #105 Plaintiffs' Motion to Strike and Objections to Defendant's Evidence in Support of Defendant's Response to Plaintiffs' Motion for Partial Summary Judgment. (Ordered by Judge Karen Gren Scholer on 6/29/2022) (chmb)
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Filing 130
ORDER denying as moot #95 Motion to Defer Briefing on Defendant's Summary Judgment Motion Pending Discovery Under Rule 56(d). (Ordered by Judge Karen Gren Scholer on 6/29/2022) (oyh)
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Filing 129
ORDER denying #82 Motion for Partial Summary Judgment. (Ordered by Judge Karen Gren Scholer on 6/29/2022) (oyh)
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Filing 128
ORDER denying #77 Motion for Partial Summary Judgment. (Ordered by Judge Karen Gren Scholer on 6/29/2022) (oyh)
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Filing 127
ELECTRONIC ORDER: The Court GRANTS #121 Defendant's Motion to File Exhibits Under Seal, with Supporting Brief. (Ordered by Judge Karen Gren Scholer on 6/29/2022) (chmb)
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Filing 126
ELECTRONIC ORDER: The Court GRANTS #102 Defendant's Motion to File Certain Exhibits Under Seal, with Supporting Brief. (Ordered by Judge Karen Gren Scholer on 6/29/2022) (chmb)
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Filing 125
RESPONSE filed by Caroline Crawford, Rian Helgason re: #102 MOTION to File Certain Exhibits Under Seal (Herrmann, Drew)
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Filing 124
RESPONSE filed by Perry's Restaurants LTD re: #105 MOTION to Strike #94 Appendix in Support (Schooler, Lionel)
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Filing 123
(Document Restricted) Sealed Appendix in Support re: #121 Motion for Leave to File (Sealed pursuant to order dated 3/7/2022) filed by Perry's Restaurants LTD (Schooler, Lionel)
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Filing 122
Appendix in Support filed by Perry's Restaurants LTD re #121 MOTION for Leave to File Certain Exhibits Under Seal (Schooler, Lionel)
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Filing 121
MOTION for Leave to File Certain Exhibits Under Seal filed by Perry's Restaurants LTD with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting Motion to File Certain Exhibits Under Seal) (Schooler, Lionel)
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Filing 120
REPLY filed by Caroline Crawford, Rian Helgason re: #95 MOTION to Stay re #77 MOTION for Summary Judgment Pending Discovery under Rule 56(d) (Luttrell, Allison)
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Filing 119
Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 6/13/2022 before Judge Karen Gren Scholer. Court Reporter/Transcriber Thu "Tutti" Bui, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (44 pages) Redaction Request due 7/11/2022. Redacted Transcript Deadline set for 7/21/2022. Release of Transcript Restriction set for 9/19/2022. (TUB)
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Filing 118
RESPONSE filed by Perry's Restaurants LTD re: #96 MOTION to Strike #79 Appendix in Support (Schooler, Lionel)
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Filing 117
ELECTRONIC ORDER: On June 13, 2022, the parties appeared before the Court wherein Defendant made an oral motion ("Motion") on the record for an extension of time to file a response to #96 Plaintiffs' Motion to Strike and Objections to Defendant's Summary Judgment Evidence. The Motion is unopposed. The Court GRANTS the Motion and ORDERS Defendant to file a response by June 17, 2022. (Ordered by Judge Karen Gren Scholer on 6/14/2022) (chmb)
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Filing 116
ELECTRONIC ORDER: The Court GRANTS #80 Defendant's [Unopposed] Motion to File Certain Summary Judgment Exhibits Under Seal, with Supporting Brief. The Clerk is instructed to receive and file under seal #81 Defendant's Appendix in Support of its Motion to File Certain Summary Judgment Exhibits under Seal, and the accompanying Attachments, in the form as received with the Motion. (Ordered by Judge Karen Gren Scholer on 6/14/2022) (chmb)
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Filing 115
ELECTRONIC ORDER: On June 13, 2022, the parties appeared before the Court on #68 Plaintiffs' Motion to Compel Discovery Responses ("Motion"). The parties reached agreements on certain items in dispute as memorialized on the record. The Motion is DENIED as to interrogatories 3 and 8, and requests for production 11, 28, and 29, for the reasons stated on the record. (Ordered by Judge Karen Gren Scholer on 6/14/2022) (chmb)
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Filing 114
ELECTRONIC ORDER: On June 13, 2022, the parties appeared before the Court on #63 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party NCR Corporation and for Protective Order ("Motion"). The parties reached agreements on certain items in dispute as memorialized on the record. For the remaining items, the Motion is GRANTED IN PART and DENIED IN PART as stated on the record. (Ordered by Judge Karen Gren Scholer on 6/14/2022) (chmb)
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Filing 113
ELECTRONIC ORDER: On June 13, 2022, the parties appeared before the Court on #59 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party Fourth Enterprises, LLC and for Protective Order ("Motion"). The Motion is DENIED AS MOOT due to Plaintiffs' counsel's representation that the underlying subpoena duces tecum is withdrawn. (Ordered by Judge Karen Gren Scholer on 6/14/2022) (chmb)
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Filing 112
ELECTRONIC ORDER: On June 13, 2022, the parties appeared before the Court on #56 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. and for Protective Order ("Motion"). The parties reached agreements on certain items in dispute as memorialized on the record. For the remaining items, the Motion is GRANTED IN PART and DENIED IN PART as stated on the record. (Ordered by Judge Karen Gren Scholer on 6/14/2022) (chmb)
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Filing 111
ELECTRONIC ORDER: On June 13, 2022, the parties appeared before the Court on #55 Defendant's Motion to Justify Confidential Designation of Produced Documents ("Motion"). For the reasons stated on the record, the Court GRANTS the Motion without prejudice for the Court to reconsider the issues raised in the Motion at a later time. (Ordered by Judge Karen Gren Scholer on 6/14/2022) (chmb)
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Filing 110
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Motion Hearing held on 6/13/2022 re #59 Motion to Quash,, Motion for Protective Order, filed by Perry's Restaurants LTD, #55 Motion for Miscellaneous Relief filed by Perry's Restaurants LTD, #80 Sealed and/or Ex Parte Motion, filed by Perry's Restaurants LTD, #56 Motion to Quash,, Motion for Protective Order, filed by Perry's Restaurants LTD, #63 Motion to Quash,, filed by Perry's Restaurants LTD. re: #59 MOTION to Quash Subpoena Duces Tecum to Non-Party Fourth Enterprises, LLC MOTION for Protective Order , #55 MOTION to Justify Confidential Designation of Produced Documents, #80 (Document Restricted) Defendant's Motion to File Certain Summary Judgment Exhibits Under Seal, with Supporting Brief (Sealed pursuant to motion to seal), #56 MOTION to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. MOTION for Protective Order , #63 MOTION to Quash Subpoena Duces Tecum to Non-Party NCR Corporation and for Protective Order Attorney Appearances: Plaintiff - Drew Herrmann, Pamela Herrmann; Defense - Lionel Schooler. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 2:43. (TUB)
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Filing 109
ELECTRONIC ORDER: ***TIME CHANGE ONLY*** The Court RESETS the June 13, 2022 hearing to June 13, 2022, at 2:30 p.m., to occur in person. (Ordered by Judge Karen Gren Scholer on 6/10/2022) (chmb)
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Filing 108
RESPONSE filed by Perry's Restaurants LTD re: #95 MOTION to Stay re #77 MOTION for Summary Judgment Pending Discovery under Rule 56(d) (Attachments: #1 Proposed Order denying Plaintiff's Motion to Defer Briefing on Def's MSJ) (Schooler, Lionel)
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Filing 107
(Document Restricted) Sealed Appendix in Support re: #106 Reply (Sealed pursuant to order dated 3/7/2022) filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s) 1 through 4) (Herrmann, Drew)
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Filing 106
REPLY filed by Caroline Crawford, Rian Helgason re: #82 MOTION for Summary Judgment (Herrmann, Drew)
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Filing 105
MOTION to Strike #94 Appendix in Support filed by Caroline Crawford, Rian Helgason with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 103
Appendix in Support filed by Perry's Restaurants LTD re #102 MOTION to File Certain Exhibits Under Seal (Schooler, Lionel)
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Filing 102
MOTION to File Certain Exhibits Under Seal filed by Perry's Restaurants LTD with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) of Richard Henderson, #2 Proposed Order on Motion to File Certain Exhibits Under Seal) (Schooler, Lionel)
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Filing 101
REPLY filed by Perry's Restaurants LTD re: #77 MOTION for Summary Judgment (Schooler, Lionel)
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Filing 100
(Document Restricted) Sealed Appendix in Support re: #98 Response/Objection (Sealed pursuant to order dated 3/7/2022) filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s) Plaintiffs' Exhibits 1 through 26) (Herrmann, Drew)
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Filing 99
Brief/Memorandum in Support filed by Caroline Crawford, Rian Helgason re #98 Response/Objection to #77 Defendant's Motion for Partial Summary Judgment (Herrmann, Drew)
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Filing 98
RESPONSE filed by Caroline Crawford, Rian Helgason re: #77 MOTION for Summary Judgment (Herrmann, Drew)
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Filing 97
(Document Restricted) Sealed Appendix in Support re: #96 Motion to Strike (Sealed pursuant to order dated 3/7/2022) filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s)) (Herrmann, Drew)
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Filing 96
MOTION to Strike #79 Appendix in Support filed by Caroline Crawford, Rian Helgason with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 95
MOTION to Stay re #77 MOTION for Summary Judgment Pending Discovery under Rule 56(d) filed by Caroline Crawford, Rian Helgason with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 94
Appendix in Support filed by Perry's Restaurants LTD re #93 Brief/Memorandum in Support of Motion /Response to Plaintiffs' Motion for Partial Summary Judgment (Schooler, Lionel)
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Filing 93
Brief/Memorandum in Support filed by Perry's Restaurants LTD re #92 Response/Objection to Plaintiff's Motion for Partial Summary Judgment (Schooler, Lionel)
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Filing 92
RESPONSE filed by Perry's Restaurants LTD re: #82 MOTION for Summary Judgment (Schooler, Lionel)
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Filing 91
ELECTRONIC ORDER: The Court GRANTS #90 Defendant's Unopposed Motion for Re-Set of Hearing on Pending Motions for Confidentiality and Discovery Orders. The May 27, 2022, hearing is RESET to Monday, June 13, 2022, at 2:00 p.m. (Ordered by Judge Karen Gren Scholer on 5/19/2022) (chmb)
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Filing 90
MOTION Re-Set of Hearing re 89 Order,, filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order Granting Defendant's Unopposed Motion for Re-Set of Hearing on Pending Motions for Confidentiality and Discovery Orders) (Schooler, Lionel)
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Filing 89
ELECTRONIC ORDER: The Courts sets this case for a hearing on Friday, May 27, 2022, at 1:30 p.m. on #55 Defendant's Motion to Justify Confidential Designation of Produced Documents, #56 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. and for Protective Order, #59 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party Fourth Enterprises, LLC and for Protective Order, #63 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party NCR Corporation and for Protective Order, and #68 Plaintiffs' Motion to Compel Discovery Responses. The hearing will be in person. (Ordered by Judge Karen Gren Scholer on 5/19/2022) (chmb)
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Filing 88
REPLY filed by Caroline Crawford, Rian Helgason re: #68 MOTION to Compel Discovery Responses (Attachments: #1 Exhibit(s) 1 through 3) (Herrmann, Drew)
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Filing 87
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Drew N. Herrmann, Pamela G. Herrmann and Lionel Mark Schooler. Prv Fee: $ 5,950.00. Outcome of ADR: Continuing to work with parties to reach a settlement. (Morgan, Cecilia)
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Filing 86
NOTICE of Attorney Appearance by Brooke Allison Willard on behalf of Perry's Restaurants LTD. (Filer confirms contact info in ECF is current.) (Willard, Brooke)
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Filing 85
RESPONSE filed by Perry's Restaurants LTD re: #68 MOTION to Compel Discovery Responses (Attachments: #1 Exhibit(s) Plaintiffs' First Interrogatories and RFP to Perry's, #2 Exhibit(s) Defendant's Answers and Objections to Plaintiffs' Discovery Requests, #3 Exhibit(s) Index of Documents Being Produced to Plaintiffs, #4 Exhibit(s) PRLTX 607-618, #5 Proposed Order proposed Order) (Schooler, Lionel)
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Filing 84
(Document Restricted) Sealed Appendix in Support re: #82 Motion for Summary Judgment (Sealed pursuant to order dated 3/7/2022) filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s)) (Herrmann, Drew)
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Filing 83
Brief/Memorandum in Support filed by Caroline Crawford, Rian Helgason re #82 MOTION for Summary Judgment (Herrmann, Drew)
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Filing 82
MOTION for Summary Judgment filed by Caroline Crawford, Rian Helgason (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 81
(Document Restricted) Sealed Appendix in Support re: #80 Sealed and/or Ex Parte Motion, (Sealed pursuant to SO 19-1, statute, or rule) filed by Perry's Restaurants LTD (McElhaney, Scott)
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Filing 80
(Document Restricted) Defendant's Motion to File Certain Summary Judgment Exhibits Under Seal, with Supporting Brief (Sealed pursuant to motion to seal) filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order) (McElhaney, Scott)
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Filing 79
Appendix in Support filed by Perry's Restaurants LTD re #77 MOTION for Summary Judgment (McElhaney, Scott)
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Filing 78
Brief/Memorandum in Support filed by Perry's Restaurants LTD re #77 MOTION for Summary Judgment (McElhaney, Scott)
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Filing 77
MOTION for Summary Judgment filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order) (McElhaney, Scott)
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Filing 76
REPLY filed by Perry's Restaurants LTD re: #63 MOTION to Quash Subpoena Duces Tecum to Non-Party NCR Corporation and for Protective Order (Schooler, Lionel)
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Filing 75
REPLY filed by Perry's Restaurants LTD re: #55 MOTION to Justify Confidential Designation of Produced Documents (Schooler, Lionel)
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Filing 74
RESPONSE filed by Caroline Crawford, Rian Helgason re: #63 MOTION to Quash Subpoena Duces Tecum to Non-Party NCR Corporation and for Protective Order (Attachments: #1 Exhibit(s) 1- Proposed Narrowed Subpoena) (Herrmann, Drew)
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Filing 73
REPLY filed by Perry's Restaurants LTD re: #56 MOTION to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. MOTION for Protective Order (Schooler, Lionel)
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Filing 72
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Telephonic Status Conference held on 4/14/2022. Attorney Appearances: Plaintiff - Pamela Hermann, Drew Hermann; Defense - Lionel Schooler, Scott McElhaney, Brook Willard. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :35. (TUB)
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Filing 71
(Document Restricted) Sealed Appendix in Support re: #70 Response/Objection (Sealed pursuant to order dated 3/7/2022) filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s)) (Herrmann, Drew)
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Filing 70
RESPONSE filed by Caroline Crawford, Rian Helgason re: #56 MOTION to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. MOTION for Protective Order (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 69
(Document Restricted) Sealed Appendix in Support re: #68 Motion to Compel (Sealed pursuant to order dated 3/7/2022) filed by Caroline Crawford, Rian Helgason (Herrmann, Drew)
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Filing 68
MOTION to Compel Discovery Responses filed by Caroline Crawford, Rian Helgason with Brief/Memorandum in Support. (Herrmann, Drew)
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Filing 67
RESPONSE filed by Caroline Crawford, Rian Helgason re: #55 MOTION to Justify Confidential Designation of Produced Documents (Attachments: #1 Proposed Order Denying Defendant's Motion) (Herrmann, Drew)
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Filing 66
ELECTRONIC ORDER:***TIME CHANGE ONLY***The Court RESETS the April 14, 2022, telephonic status conference to April 14, 2022, at 2:00 p.m. Remote connection details will be provided via email in advance of the hearing. (Ordered by Judge Karen Gren Scholer on 4/11/2022) (chmb)
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Filing 65
ELECTRONIC ORDER: The Court GRANTS #60 Plaintiffs' Request for Status Conference and SETS this case for status conference on April 14, 2022, at 3:00 p.m. This hearing will be conducted telephonically, with remote connection details to be provided via email in advance of the hearing. (Ordered by Judge Karen Gren Scholer on 4/5/2022) (chmb)
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Filing 64
ELECTRONIC ORDER: The Court sets #63 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party NCR Corporation and for Protective Order on an expedited briefing schedule. Plaintiffs shall respond to the Motion to Quash on or before April 22, 2022. Any reply from Defendant, if necessary, shall be filed by April 27, 2022. Further, the Court STAYS the subpoena duces tecum until the Court rules on the Motion to Quash. (Ordered by Judge Karen Gren Scholer on 4/4/2022) (chmb)
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Filing 63
MOTION to Quash Subpoena Duces Tecum to Non-Party NCR Corporation and for Protective Order filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) Plaintiff's Subpoena (Notice) NCR Aloha, #2 Exhibit(s) Plaintiffs' First Requests for Production to Perry's, #3 Exhibit(s) Defendant's Responses and Objections to Plaintiffs' First of Requests for Production, #4 Exhibit(s) CHART Attachment _B_ Index of Documents Being Produced to Plaintiffs) (Schooler, Lionel)
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Filing 62
ELECTRONIC ORDER: The Court sets #59 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party Fourth Enterprises, LLC and for Protective Order on an expedited briefing schedule. Plaintiffs shall respond to the Motion to Quash on or before April 13, 2022. Any reply from Defendant, if necessary, shall be filed by April 18, 2022. Further, the Court STAYS the subpoena duces tecum until the Court rules on the Motion to Quash. (Ordered by Judge Karen Gren Scholer on 3/25/2022) (chmb)
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Filing 61
ELECTRONIC ORDER: The Court is in receipt of #58 Joint Notice of Intent to Request Temporarily Suspending Consideration of Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. The Court EXTENDS the deadlines set forth in its March 23, 2022 Order [ECF No. 57], and STAYS briefing on #56 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. and for Protective Order for an additional two weeks. Plaintiffs shall respond to the Motion to Quash on or before April 13, 2022. Any reply from Defendant, if necessary, shall be filed by April 18, 2022. Further, the Court STAYS the subpoena duces tecum until the Court rules on the Motion to Quash. (Ordered by Judge Karen Gren Scholer on 3/25/2022) (chmb)
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Filing 60
Request for Status Conference filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s) 1 - Email Correspondence) (Herrmann, Drew) Modified event and linkage on 3/25/2022 (jmg).
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Filing 59
MOTION to Quash Subpoena Duces Tecum to Non-Party Fourth Enterprises, LLC, MOTION for Protective Order () filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Schooler, Lionel)
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Filing 58
NOTICE of Intent to Request Temporarily Suspending Consideration re: #56 MOTION to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. MOTION for Protective Order filed by Perry's Restaurants LTD (Schooler, Lionel)
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Deadline Modification: Deadline set per 57 Order. Responses due by 3/30/2022. Replies due by 4/4/2022. (oyh)
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Filing 57
ELECTRONIC ORDER: The Court sets #56 Defendant's Motion to Quash Subpoena Duces Tecum to Non-Party ADP, Inc. and for Protective Order on an expedited briefing schedule. Plaintiffs shall respond to the Motion to Quash on or before March 30, 2022. Any reply from Defendant, if necessary, shall be filed by April 4, 2022. Further, the Court STAYS the subpoena duces tecum until the Court rules on the Motion to Quash. (Ordered by Judge Karen Gren Scholer on 3/23/2022) (chmb)
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Filing 56
MOTION to Quash Subpoena Duces Tecum to Non-Party ADP, Inc., MOTION for Protective Order filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Schooler, Lionel) Modified text on 3/23/2022 (jmg).
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Filing 55
MOTION to Justify Confidential Designation of Produced Documents filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Schooler, Lionel)
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Filing 54
NOTICE of Attorney Appearance by Allison Hope Peregory on behalf of Caroline Crawford, Rian Helgason. (Filer confirms contact info in ECF is current.) (Peregory, Allison)
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Filing 53
STIPULATED PROTECTIVE ORDER. (Ordered by Judge Karen Gren Scholer on 3/7/2022) (ndt)
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Filing 52
Joint MOTION for Stipulated Protective Order filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) A - Stipulated Protective Order) (Schooler, Lionel)
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Filing 51
MEDIATION ORDER. The court appoints Cecilia H Morgan as mediator. The parties are to complete mediation within 90 days before trial. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 11/15/2021) (ndt)
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Filing 50
SCHEDULING ORDER: Jury Trial set for 8/15/2022 before Judge Karen Gren Scholer. Joinder of Parties due by 11/30/2021. Motions due by 5/2/2022. Discovery due by 4/18/2022. Pretrial Conference set for 8/4/2022 01:30 PM before Judge Karen Gren Scholer. The parties shall mediate this case before Cecilia Morgan at least 90 days before the Trial Setting. (Ordered by Judge Karen Gren Scholer on 11/15/2021) (ndt)
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Filing 49
MEMORANDUM OPINION AND ORDER: This Order addresses Plaintiffs' Motion in Support of Issuing Court-Authorized Notice to Similarly Situated Employees ("Motion") [ECF No. #42 ], in which Plaintiffs seek to certify a Fair Labor Standards Act ("FLSA") collective action. Considering all of the available evidence, the Court finds that Plaintiffs failed to meet their burden to show that all Perry's servers in Texas were similarly situated as to the tip pool claim, uniform deduction claim, and side work claims. Accordingly, the Court DENIES Plaintiffs' Motion in Support of Issuing Court-Authorized Notice to Similarly Situated Employees. Having had the opportunity to conduct discovery on the issue of certification, it is not clear to the Court that additional discovery will help Plaintiffs demonstrate that they and members of the proposed collective are similarly situated. Therefore, the opt-in plaintiffs are DISMISSED WITHOUT PREJUDICE, and Plaintiffs will proceed on their individual claims. (Ordered by Judge Karen Gren Scholer on 11/10/2021) (ctf) (Main Document 49 replaced with a text searchable doc on 11/12/2021) (ali).
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Filing 48
NOTICE of Consent to Become a Party Plaintiff Linn, Jamie (Attachments: #1 Exhibit(s) Exhibit 1 - Jamie Linn Opt-in Consent Form) (Herrmann, Drew)
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Filing 47
NOTICE of Consent to Become a Party Plaintiff (Attachemnet(s): Exh 1 - FLSA Consent). (Herrmann, Drew)
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Filing 46
NOTICE of Filing Opt-in Consent Forms. (Herrmann, Drew)
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Filing 45
REPLY filed by Caroline Crawford, Rian Helgason re: #42 MOTION to Certify Class under 29 U.S.C. 216(b) (Herrmann, Drew)
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Filing 44
RESPONSE filed by Perry's Restaurants LTD re: #42 MOTION to Certify Class under 29 U.S.C. 216(b) (Attachments: #1 Exhibit(s) Appendix Exhibits A-F) (Schooler, Lionel)
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Filing 43
Appendix in Support filed by Caroline Crawford, Rian Helgason re #42 MOTION to Certify Class under 29 U.S.C. 216(b) (Attachments: #1 Exhibit(s) A thru P) (Herrmann, Drew)
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Filing 42
MOTION to Certify Class under 29 U.S.C. 216(b) filed by Caroline Crawford, Rian Helgason with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 41
Notice of Filing of Official Electronic Transcript of Telephonic Status Conference Proceedings held on 2/09/2021 before Judge Karen Gren Scholer. Court Reporter/Transcriber Thu "Tutti" Bui, Telephone number (214) 753-2354. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (9 pages) Redaction Request due 3/5/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/13/2021. (TUB)
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Filing 40
ELECTRONIC ORDER: On February 9, 2021, the parties in this case appeared before the Court through counsel. For the reasons stated on the record, and in light of Swales v. KLLM Transp. Servs., L.L.C., No. 19-60847, 2021 WL 98229 (5th Cir. Jan. 12, 2021), #17 Plaintiffs' Motion for Conditional Certification and Notice Under Section 216(b) is DENIED without prejudice. Any response to any new motion relating to notice of the putative collective action must be filed within 28 days after the filing of the motion. A reply, if necessary, shall be filed within 14 days thereafter. (Ordered by Judge Karen Gren Scholer on 2/9/2021) (chmb)
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Filing 39
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Telephonic Status Conference held on 2/9/2021. Attorney Appearances: Plaintiff - Drew Herrmann; Defense - Lionel Schooler. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :29. (TUB)
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Filing 38
ELECTRONIC ORDER: The Court sets this case for a status conference on February 9, 2021, at 11:00 a.m. to occur by telephone. Dial-in information will be circulated to counsel via email. (Ordered by Judge Karen Gren Scholer on 2/3/2021) (chmb)
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Filing 37
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ada Brown no longer assigned to case. (Ordered by Judge Ada Brown on 2/2/2021) (chmb)
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Filing 36
Supplemental REPLY filed by Caroline Crawford, Rian Helgason re: #17 Motion to Certify Class under 29 U.S.C. 216(b). (oyh) Modified text on 2/1/2021 (axm).
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Filing 35
ELECTRONIC ORDER granting #34 Plaintiffs' Unopposed Motion for Leave to Supplement Plaintiffs' Reply in Support of Certification. The Clerk is directed to enter [34-1] Plaintiffs' Supplemental Reply in Support of Certification as of the date of this order. (Ordered by Judge Ada Brown on 1/29/2021) (chmb)
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Filing 34
Unopposed MOTION for Leave to File Supplemental Reply in Support of Certification filed by Caroline Crawford, Rian Helgason (Attachments: #1 Exhibit(s) 1 - Pls Supplemental Reply, #2 Proposed Order) (Herrmann, Drew)
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Filing 33
Supplement to Opposition to Pending Motion for Conditional Certification by Perry's Restaurants LTD as to #24 Response/Objection. (mjr)
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Filing 32
ELECTRONIC ORDER granting #31 Defendant's Unopposed Motion for Leave to File Supplement. The Clerk is directed to enter [31-1] Defendant's Supplement to Opposition to Pending Motion for Conditional Certification as of the date of this order. (Ordered by Judge Ada Brown on 1/14/2021) (chmb)
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Filing 31
Unopposed MOTION for Leave to File Supplement to Opposition to Pending Motion for Conditional Certification filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) Attachment "1") (Schooler, Lionel)
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Filing 30
NOTICE of New Authority from Fifth Circuit Bearing Upon Pending Motion for Conditional Certification filed by Perry's Restaurants LTD (Attachments: #1 Exhibit(s) Attachment "A") (Schooler, Lionel)
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Filing 29
NOTICE of Consent to Become a Party Plaintiff signed by Ashleigh Scott on 11/19/2020. (Herrmann, Drew)
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Filing 28
NOTICE of Consent to Become a Party Plaintiff signed by Daniel Elizondo on 11/12/2020. (Herrmann, Drew)
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Filing 27
ELECTRONIC ORDER granting #25 Plaintiffs' Unopposed Motion for Leave to File Reply Brief in Excess of Page Limits. (Ordered by Judge Ada Brown on 10/20/2020) (chmb)
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Filing 26
REPLY filed by Caroline Crawford, Rian Helgason re: #17 MOTION to Certify Class under 29 U.S.C. 216(b) (Herrmann, Drew)
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Filing 25
Unopposed MOTION for Leave to File Reply in Excess of Page Limits filed by Caroline Crawford, Rian Helgason (Attachments: #1 Proposed Order) (Herrmann, Drew).
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Filing 24
RESPONSE filed by Perry's Restaurants LTD re: #17 MOTION to Certify Class under 29 U.S.C. 216(b) (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Proposed Order Defendant's Proposed Order denying Motion for Conditional Certification, #8 Proposed Order Revised Plaintiffs' Order on Conditional Certification) (Schooler, Lionel)
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Filing 23
NOTICE of Attorney Appearance by Scott M McElhaney on behalf of Perry's Restaurants LTD. (Filer confirms contact info in ECF is current.) (McElhaney, Scott)
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Filing 22
ELECTRONIC ORDER granting #21 Defendant's Second Unopposed Motion to Extend Deadline for Responding to Plaintiff's Motion for Conditional Certification. Defendant's Response is due 10/5/2020, and Plaintiff's Reply is due 10/19/2020. (Ordered by Judge Ada Brown on 9/25/2020) (chmb)
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Filing 21
MOTION for Extension of Time to File Response/Reply to #17 MOTION to Certify Class under 29 U.S.C. 216(b) filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order Granting Defendant's Second Unopposed Request to Extend Deadline for Responding to Plaintiffs' Motion for Conditional Certification) (Schooler, Lionel)
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Filing 20
ELECTRONIC ORDER granting #19 Defendant's Unopposed Request to Extend Deadline for Responding to Plaintiffs' Motion for Conditional Certification. Defendants' response is due 09/30/2020. Plaintiffs' reply is due 10/14/2020. (Ordered by Judge Ada Brown on 9/4/2020) (chmb)
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Filing 19
MOTION for Extension of Time to File Response/Reply to #17 MOTION to Certify Class under 29 U.S.C. 216(b) filed by Perry's Restaurants LTD (Attachments: #1 Proposed Order Granting Defendant's Unopposed Request to Extend Deadline for Responding to Plaintiffs' Motion for Conditional Certification) (Schooler, Lionel)
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Filing 18
Appendix in Support filed by Caroline Crawford, Rian Helgason re #17 MOTION to Certify Class under 29 U.S.C. 216(b) (Herrmann, Drew)
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Filing 17
MOTION to Certify Class under 29 U.S.C. 216(b) filed by Caroline Crawford, Rian Helgason with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 16
SCHEDULING ORDER COLLECTIVE ACTION. (Ordered by Judge Ada Brown on 8/20/2020) (axm)
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Filing 15
Joint STATUS REPORT regarding #13 Court's Status Report Order filed by Caroline Crawford, Rian Helgason. (Attachments: #1 Proposed Order) (Herrmann, Drew)
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Filing 14
NOTICE of Consent to Become a Party Plaintiff (Attachments: #1 Exhibit(s) A) (Herrmann, Drew)
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Filing 13
STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 7/17/2020) (oyh)
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Filing 12
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Perry's Restaurants LTD. (Schooler, Lionel)
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Filing 11
ANSWER to #1 Complaint filed by Perry's Restaurants LTD. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Lionel M Schooler added to party Perry's Restaurants LTD (pty:dft). (Schooler, Lionel)
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Filing 10
NOTICE of Consent to Become a Party Plaintiff for Phylisha Martinez [Ex. A]; and Ryan Dickman [Ex. B] (Herrmann, Drew)
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Filing 9
NOTICE of Consent to Become a Party Plaintiff signed by John Vilbig on 6/27/2020. (Herrmann, Drew)
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Filing 8
NOTICE of Consent to Become a Party Plaintiff (Attachments: #1 Exhibit(s) A - Sara Sharif, #2 Exhibit(s) B - Josh Ramirez, #3 Exhibit(s) C - Stephen Hunzelman) (Herrmann, Drew)
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Filing 7
NOTICE of Dismissal of Certain Defendants WITHOUT prejudice of Perrys LLC; PBS Holdings, Inc.; Leasing Enterprises, LTD; and Christopher V. Perry filed by Caroline Crawford, Rian Helgason (Herrmann, Drew)
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Filing 6
NOTICE of Consent to Become a Party Plaintiff (Attachments: #1 Exhibit(s) Spencer Demoss [Ex. A], #2 Exhibit(s) Anthony Ferracioli [Ex. B], #3 Exhibit(s) Katelyn Keefe [Ex. C], #4 Exhibit(s) Melina Adashefski [Ex. D]) (Herrmann, Drew)
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Filing 5
Summons Issued as to Leasing Enterprises LTD, PBS Holdings Inc, Christopher V Perry, Perry's LLC, Perry's Restaurants LTD. (mjr)
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Filing 4
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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (mjr)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Caroline Crawford, Rian Helgason. (Herrmann, Drew)
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Filing 2
NOTICE of Consent to Become a Party Plaintiff (Herrmann, Drew)
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Filing 1
COMPLAINT with Jury Demand against All Defendants filed by Rian Helgason, Caroline Crawford. (Filing fee $400; Receipt number 0539-10913453) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Herrmann, Drew) Modified text on 6/17/2020 (mjr).
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