Smith v. P & B Intermodal Services LLC
| Michael Smith, Michael Steven Smith, Wayne Boyd and Dedrick Wiley |
| P & B Intermodal Services LLC |
| ADR Provider |
| 3:2020cv03618 |
| December 11, 2020 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Jane J Boyle |
| 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 March 22, 2022. A more recent docket listing may be available from PACER.
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Filing 52
ELECTRONIC ORDER: In light of #50 Agreed Stipulation of Dismissal, which reports that the parties have settled their dispute and that Plaintiffs, on behalf of themselves and all others similarly situated, stipulate to DISMISS this action WITH PREJUDICE and in accordance with Fed. R. Civ. P. 41(a)(1)(A), the Court DIRECTS the Clerk of Court to administratively close this case. (Ordered by Judge Jane J Boyle on 3/22/2022) (chmb)
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| Civil Case Terminated per #51 Stipulation of Dismissal. (axm) |
| Filing 51 Agreed STIPULATION OF DISMISSAL with Prejudice by Wayne Boyd, Michael Smith, Dedrick Wiley. (Vaught, Allen) |
| Filing 50 Designation of Experts by Wayne Boyd, Michael Smith, Dedrick Wiley. (Attachments: #1 Exhibit(s) 1 - Allen Vaught CV) (Vaught, Allen) |
| Filing 49 NOTICE of Consent to Become a Party Plaintiff signed by Devin Dotson on 9/1/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Devin Dotson, #2 Exhibit(s) B - Postmarked Envelope Devin Dotson) (Vaught, Allen) |
| Filing 48 NOTICE of Consent to Become a Party Plaintiff signed by Adrian Sanchez on 9/24/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Adrian Sanchez) (Vaught, Allen) |
| Filing 47 NOTICE of Consent to Become a Party Plaintiff signed by Eduardo Estudillo on 8/16/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Eduardo Estudillo) (Vaught, Allen) |
| Filing 46 NOTICE of Consent to Become a Party Plaintiff signed by Alfonso Estudillo on 8/30/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Alfonso Estudillo) (Vaught, Allen) |
| Filing 45 NOTICE of Consent to Become a Party Plaintiff signed by Brent Kennedy on 6/30/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Brent Kennedy) (Vaught, Allen) |
| Filing 44 NOTICE of Consent to Become a Party Plaintiff signed by Rodney Plunkett on 6/30/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Rodney Plunkett) (Vaught, Allen) |
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Filing 43
MEDIATION ORDER. The court appoints William Royal Furgeson as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 4/13/2022. (Ordered by Judge Jane J. Boyle on 6/30/2021) (svc)
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| Filing 42 Designation of Mediator by Wayne Boyd, Michael Smith, Dedrick Wiley. (Vaught, Allen) |
| Filing 41 NOTICE of Consent to Become a Party Plaintiff signed by Jose Rodriguez on 6/26/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Jose Rodriguez) (Vaught, Allen) |
| Filing 40 NOTICE of Consent to Become a Party Plaintiff signed by Jason Downey on 6/23/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Jason Downey) (Vaught, Allen) |
| Filing 39 NOTICE of Consent to Become a Party Plaintiff signed by Thomas Downey on 6/23/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Thomas Downey) (Vaught, Allen) |
| Filing 38 NOTICE of Mailing of Notice Packet and Notice Period Closing Date (September 24, 2021) re: #36 Order on Motion to Certify Class filed by Wayne Boyd, Michael Smith, Dedrick Wiley (Vaught, Allen) |
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Filing 37
SCHEDULING ORDER: Jury Trial set for 8/29/2022 before Judge Jane J. Boyle. Joinder of Parties due by 10/8/2021. Amended Pleadings due by 10/8/2021. Motions due by 6/13/2022. Discovery due by 5/9/2022. Deadline for mediation is on or before 4/13/2022. Pretrial Materials due by 8/15/2022. Pretrial Order due by 8/15/2022. Pretrial Conference set for 8/26/2022 10:00 AM before Judge Jane J. Boyle. (Ordered by Judge Jane J. Boyle on 5/28/2021) (jmg)
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Filing 36
ORDER Granting #34 Agreed MOTION to Certify Class - FLSA Collective Action Certification and Notice. (Ordered by Judge Jane J. Boyle on 5/26/2021) (svc)
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| Filing 35 Appendix in Support filed by Wayne Boyd, Michael Smith, Dedrick Wiley re #34 Agreed MOTION to Certify Class - FLSA Collective Action Certification and Notice (Vaught, Allen) |
| Filing 34 Agreed MOTION to Certify Class - FLSA Collective Action Certification and Notice filed by Wayne Boyd, Michael Smith, Dedrick Wiley (Attachments: #1 Proposed Order) (Vaught, Allen) |
| Filing 32 ANSWER to #33 Amended Complaint filed by P & B Intermodal Services LLC. (Pellegrini, Carolyn) Modified linkage and text on 5/18/2021 (mjr). |
| Filing 33 AMENDED COMPLAINT WITH JURY DEMAND against P & B Intermodal Services LLC filed by Michael Smith, Wayne Boyd, Dedrick Wiley. 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. (mjr) |
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Filing 31
ELECTRONIC ORDER granting #28 Plaintiff's Motion for Leave to File a First Amended Complaint in light of #30 Notice of Defendant's Consent. (Unless the document has already been filed, Clerk to enter Doc. 28-1 as of the date of this Order.) (Ordered by Judge Jane J. Boyle on 5/3/2021) (chmb)
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| Filing 30 RESPONSE filed by P & B Intermodal Services LLC re: #28 MOTION for Leave to File First Amended Complaint (Pellegrini, Carolyn) |
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Filing 29
ORDER TO SHOW CAUSE: By Friday, April 30, 2021, Defendant must SHOW CAUSE, in writing, why it has not yet responded to Plaintiffs motion. Failure to show cause or file the appropriate documents will result in the Court ruling upon the motion without further notice. (Ordered by Judge Jane J. Boyle on 4/26/2021) (svc)
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| Filing 28 MOTION for Leave to File First Amended Complaint filed by Michael Smith with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment Exhibit A - First Amended Complaint, #2 Proposed Order) (Vaught, Allen) |
| CASE Returned to District Judge as referred discovery issue has been resolved. (ctf) |
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Filing 27
AGREED ORDER ON FLSA PRELIMINARY DISCOVERY: The Court enters the proposed order submitted by the parties to govern preliminary discovery in this FLSA case. Accordingly, the hearing set for March 12, 2021 is cancelled. (Ordered by Magistrate Judge Rebecca Rutherford on 3/12/2021) (chmb)
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| Filing 26 NOTICE of Submission of Proposed Agreed Order on FLSA Preliminary Discovery re: #25 Order Setting Deadline/Hearing, filed by Michael Smith. (Attachments: #1 Proposed Order) (Vaught, Allen) |
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Filing 25
ORDER REQUIRING JOINT REPORT AND SETTING HEARING: The Court will address the appropriate scope of preliminary discovery in a hearing via Zoom at the Court's next discovery docket on 3/12/2021 at 11:00 AM before Magistrate Judge Rebecca Rutherford. Counsel will confer virtually (e.g., by Zoom) or by telephone-not by email-in a good-faith attempt to come to an agreement regarding the appropriate level of preliminary discovery. This conference must occur on or before 3/10/2021. Counsel must submit a joint report by 3/11/2021 at 5:00 P.M. If the parties come to an agreement regarding the appropriate level of preliminary discovery, counsel shall submit a proposed agreed order, signed by lead counsel, in lieu of a joint report by 3/11/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 3/9/2021) (ctf)
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Filing 24
ORDER REFERRING DISCOVERY MATTER: The Court hereby Refers to Magistrate Judge Rebecca Rutherford this scope-of-discovery matter. (Ordered by Judge Jane J. Boyle on 3/9/2021) (svc)
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Filing 23
ELECTRONIC ORDER granting #21 Application for Admission Pro Hac Vice of Carolyn A. Pellegrini. Unless already done, Applicant must register as an ECF user within 14 days (L.R. 5.1(f)). (Ordered by Judge Jane J. Boyle on 3/5/2021) (chmb)
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| Filing 22 Joint Status Report (FLSA Case) by Michael Smith. (Vaught, Allen) Modified event and text on 3/5/2021 (mjr). |
| Filing 21 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11661488) filed by P & B Intermodal Services LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing)Attorney Carolyn Anne Pellegrini added to party P & B Intermodal Services LLC(pty:dft) (Pellegrini, Carolyn) |
| Filing 20 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by P & B Intermodal Services LLC identifying Corporate Parent/Other Affiliate CLMG Holdings, LLC for P & B Intermodal Services LLC. (Montez, Christopher) |
| Filing 19 AMENDED ANSWER to #1 Complaint filed by P & B Intermodal Services LLC (Montez, Christopher) |
| Filing 18 NOTICE of Change of Address for Attorney Allen Ryan Vaught on behalf of Michael Smith. (Filer confirms contact info in ECF is current.) (Vaught, Allen) |
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Filing 17
STATUS REPORT ORDER (FLSA CASE): Status Report due by 3/4/2021. (Ordered by Judge Jane J. Boyle on 2/11/2021) (svc)
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| Filing 16 ANSWER to Complaint filed by P & B Intermodal Services LLC. 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 Christopher David Montez added to party P & B Intermodal Services LLC(pty:dft) (Montez, Christopher) |
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Filing 15
ELECTRONIC ORDER granting #14 Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. Defendant must answer or otherwise respond on or before February 10, 2021. (Ordered by Judge Jane J. Boyle on 1/13/2021) (chmb)
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| Filing 14 Unopposed MOTION to Extend Time to File Responsive Pleading filed by P & B Intermodal Services LLC (Basinger, John) |
| Filing 13 NOTICE of Attorney Appearance by John A Basinger on behalf of P & B Intermodal Services LLC. (Filer confirms contact info in ECF is current.) (Basinger, John) |
| Filing 12 NOTICE of Consent to Become a Party Plaintiff signed by Dedrick Wiley on 01/05/2021. (Attachments: #1 Exhibit(s) A - Consent to Join of Dedrick Wiley) (Vaught, Allen) |
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Filing 11
ELECTRONIC ORDER denying without prejudice #8 Motion to Conditionally Certify a Collective Action as premature. Plaintiff may re-file his motion for conditional certification in accordance with the deadline imposed by the Court in its scheduling order, which will be entered after Defendant has appeared and answered. (Ordered by Judge Jane J. Boyle on 12/28/2020) (chmb)
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| Filing 10 Appendix in Support filed by Michael Smith re #9 Brief/Memorandum in Support of Motion (Vaught, Allen) Modified text and linkage on 12/29/2020 (jmg). |
| Filing 9 Brief/Memorandum in Support filed by Michael Smith re #8 MOTION to Certify a Collective Action and to Issue Notice (Vaught, Allen) |
| Filing 8 MOTION to Certify a Collective Action and to Issue Notice filed by Michael Smith (Attachments: #1 Proposed Order) (Vaught, Allen) |
| Filing 7 NOTICE of Consent to Become a Party Plaintiff signed by Wayne Boyd on 12/24/2020. (Attachments: #1 Exhibit(s) A - Wayne Boyd Consent to Join) (Vaught, Allen) |
| Filing 6 SUMMONS Returned Executed as to P & B Intermodal Services LLC; served on 12/14/2020. (Vaught, Allen) |
| Filing 5 Summons Issued as to P & B Intermodal Services LLC. (mjr) |
| 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
| Filing 3 Request for Clerk to issue Summons filed by Michael Smith. (Vaught, Allen) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Smith. (Vaught, Allen) |
| Filing 1 COMPLAINT WITH JURY DEMAND against P & B Intermodal Services, LLC filed by Michael Smith. (Filing fee $402; Receipt number 0539-11432974) Plaintiff will submit summons(es) for issuance. 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. (Attachments: #1 Exhibit(s) A - Consent to Join, #2 Cover Sheet) (Vaught, Allen) (Attachment 2 replaced/flattened on 12/11/2020) (mjr). |
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