Breaux v. Aramark Uniform & Career Apparel LLC
| Yndia Breaux |
| Aramark Uniform & Career Apparel LLC |
| 3:2021cv01718 |
| July 23, 2021 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Barbara M G Lynn |
| Labor: Other Labor Litigation |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2022. A more recent docket listing may be available from PACER.
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Filing 40
JUDGMENT: It is ORDERED this action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by District Judge Barbara M. G. Lynn on 10/17/2022) (ygl)
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Filing 39
ORDER ACCEPTING #38 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by District Judge Barbara M. G. Lynn on 10/17/2022) (ygl)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Mon Oct 17 10:45:28 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:40. Mon Oct 17 10:50:47 CDT 2022 (crt) |
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Filing 38
FINDINGS, CONCLUSIONS AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant Aramark Uniform & Career Apparel LLC's Motion to Dismiss Plaintiffs Complaint for Lack of Prosecution [Dkt. No. #28 ] and dismiss this action under Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge David L. Horan on 9/15/2022) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 38 and emailed to yndibreaux@gmail.com. Thu Sep 15 14:18:40 CDT 2022 (crt) Modified text on 9/15/2022 (mla). |
| NOTICE of Change of Address for Pro Se litigant Yndia Breaux. New address: 1990 Jim Harry Loop, Sunset, TX 76270 provided to Judge Ray during the August 9, 2022 settlement conference. (ali) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:35. Tue Aug 23 10:36:29 CDT 2022 (crt) |
| Filing 37 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Motion Hearing held on 8/22/2022 re #28 Motion to Compel filed by Aramark Uniform & Career Apparel LLC. Plaintiff failed to appear. Appearances: Plaintiff - N/A; Defense - John P Bramble. (Court Reporter: Digital File) (No exhibits) Time in Court - :08. (mcrd) Modified on 8/25/2022 (mcrd). |
| Filing 36 Mail returned as undeliverable. 34 Order on Application for Admission Pro Hac Vice, #32 Order Setting Deadline/Hearing,, #30 Settlement Conference,, #31 Order received back from Yndia Breaux as Return to Sender Unable to Forward Wrong Address. No address update from last filed document. The current document has not been re-mailed. (sxf) |
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Filing 35
ORDER TO SHOW CAUSE: The Court ORDERS Ms, Breaux to file by September 9, 2022 a response, in writing, explaining why the Court should not determine that a Rule 41(b) dismissal of this lawsuit is warranted. (Ordered by Magistrate Judge David L. Horan on 8/22/2022) (svc) (Main Document 35 replaced on 8/25/2022) (mcrd).
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Filing 34
ELECTRONIC ORDER granting #33 Application for Admission Pro Hac Vice of John P Bramble. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge David L. Horan on 8/11/2022.)
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| Filing 33 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13026392) filed by Aramark Uniform & Career Apparel LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Bramble, John) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Thu Aug 11 16:04:49 CDT 2022 (crt) |
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Filing 32
ORDER SETTING ORAL ARGUMENT: The Court will hold oral argument on Defendant's Motion to Compel, or Alternatively, to Dismiss Plaintiffs Complaint for Lack of Prosecution [Dkt. No. #28 ] on Monday, August 22, 2022 at 2:00 p.m. The Clerk of the Court is directed to serve a copy of this Order Setting Oral Argument (and the attached copy of Fifth Amended Special Order No. 13-12) by mail and by email to Plaintiff Yndia Breaux at the addresses that she provided to United States Magistrate Judge Hal Ray during the August 9, 2022 settlement conference: 1990 Jim Harry Loop, Sunset, TX 76270 and yndibreaux@gmail.com. (Attachments: #1 Additional Page(s) Fifth Amended Special Order 13-12) (mcrd)
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Filing 31
ORDER REGARDING ATTORNEY ADMISSION REQUIREMENT. (Ordered by Magistrate Judge David L. Horan on 8/10/2022) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:31, 32. Wed Aug 10 11:35:01 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Wed Aug 10 08:29:55 CDT 2022 (crt) |
| Filing 30 Minute Order for proceedings held before Magistrate Judge Hal R. Ray, Jr: Settlement Conference held on 8/9/2022. Settlement conference conducted with the parties. Case did not settle. Conference adjourned pending results of Court's consideration of Defendant's Motion to Compel, or Alternatively, to Dismiss Plaintiff's Complaint for Lack of Prosecution (ECF No. 28). Attorney Appearances: Plaintiff - Yndia Breaux; Defense - Ethel Johnson. (Court Reporter: Digital File) (No exhibits) Time in Court - :45. (ykp) . |
| Filing 29 Brief/Memorandum in Support filed by Aramark Uniform & Career Apparel LLC re #28 MOTION to Compel OR ALTERNATIVELY, TO DISMISS PLAINTIFFS COMPLAINT FOR LACK OF PROSECUTION (Attachments: #1 Exhibit(s) Ex. A, #2 Exhibit(s) Ex. B, #3 Exhibit(s) Ex. C) (Johnson, Ethel) |
| Filing 28 MOTION to Compel OR ALTERNATIVELY, TO DISMISS PLAINTIFFS COMPLAINT FOR LACK OF PROSECUTION filed by Aramark Uniform & Career Apparel LLC (Attachments: #1 Proposed Order, #2 Proposed Order Alternative Order) (Johnson, Ethel) |
| Filing 27 Mail returned as undeliverable. #24 Order Setting Deadline/Hearing, received back from Yndia Breaux as Return to Sender Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ndt) |
| Filing 26 Mail returned as undeliverable. #19 Order on Motion to Withdraw as Attorney, #20 Order Referring Case to Magistrate Judge, #22 Order Setting Deadline/Hearing, received back from Yndia Breaux as Return to Sender- Not Deliverable as Addressed-Unable to Forward- Wrong Address. No address update from last filed document. The current document has not been re-mailed. (ykp) |
| Filing 25 Mail returned as undeliverable. #21 Order Referring Case to Magistrate Judge, received back from Yndia Breaux as Return to Sender Not Deliverable as Addressed Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (oyh) |
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Filing 24
ORDER SETTING SETTLEMENT CONFERENCE: It is ORDERED that the settlement conference is SET for Tuesday, 8/9/2022 09:30 AM before Magistrate Judge Hal R. Ray Jr. C.D.T. via Zoom. It is further ORDERED that by no later than 5:00 p.m. C.D.T. on 8/5/2022, each party shall submit a completed Confidential Settlement Conference Information Sheet, a copy of which is attached to this Order as Exhibit B, to chambers via email at ray_orders@txnd.uscourts.gov. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/9/2022) (ykp)
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| Filing 23 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Telephone Conference held on 6/9/2022; Order to follow; Hearing concluded. Attorney Appearances: Plaintiff - Yndia Breaux, pro se (not present); Defense - Ethel Johnson. (Court Reporter: Digital File) (No exhibits) Time in Court - :06. (edm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Thu Jun 9 14:43:40 CDT 2022 (crt) |
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Filing 22
ORDER: Status Conference set via telephone for 6/9/2022 10:00 AM before Magistrate Judge Hal R. Ray Jr. Prior to the Status Conference, counsel for the defendant and the pro se plaintiff SHALL confer and be prepared to suggest three proposed dates for the settlement conference to take place via video teleconference after 7/25/2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/2/2022) (ygl)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Thu Jun 2 16:17:10 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Wed Jun 1 09:26:27 CDT 2022 (crt) |
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Filing 21
ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE: The Court VACATES its Order Setting Mediation [Dkt. No. #14 ] and REFERS this case to United States Magistrate Judge Hal Ray for a settlement conference. The parties are DIRECTED to coordinate with Judge Ray's chambers to schedule a settlement conference on a mutually agreeable date no earlier than 7/25/2022. (Ordered by Magistrate Judge David L. Horan on 5/31/2022) (ykp)
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| Hearing/Deadline Modification: #14 video teleconference mediation terminated per #21 Order Referring Case to Magistrate Judge. (ykp) |
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Filing 20
STANDING ORDER OF REFERENCE AND NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE to Magistrate Judge David L. Horan. (Ordered by Chief Judge Barbara M. G. Lynn on 5/10/2022) (mla)
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Filing 19
ORDER denying as moot #15 Motion to Withdraw as Attorney. (Ordered by Chief Judge Barbara M. G. Lynn on 5/10/2022) (mla)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Tue May 10 15:09:51 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Tue May 10 16:01:11 CDT 2022 (crt) |
| Filing 18 Mail returned as undeliverable. #17 Order on Motion to Withdraw as Attorney, received back from Yndia Breaux as Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ygl) |
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Filing 17
ORDER granting #16 Motion to Withdraw as Attorney. Plaintiff's counsel and his firm are relieved of representation in this case. The Court directs the Clerk to serve a copy of this Order on Plaintiff Yndia Breaux at the address by US Mail and email. (Ordered by Chief Judge Barbara M. G. Lynn on 4/21/2022) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. and emailed document to email address provided on Order Thu Apr 21 11:58:51 CDT 2022 (crt) |
| Filing 16 Unopposed MOTION to Withdraw as Attorney filed by Yndia Breaux (Attachments: #1 Proposed Order) (Miltenberger, Chris) |
| Filing 15 Unopposed MOTION to Withdraw as Attorney filed by Yndia Breaux (Attachments: #1 Proposed Order) (Miltenberger, Chris) |
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Filing 14
ORDER SETTING MEDIATION: A video teleconference mediation will be held on Tuesday, August 9, 2022 at 9:30 a.m. CT before Magistrate Judge David Horan over Zoom. All parties must contact Shakira Todd at (214) 753-2165 at least two days prior to the conference to confirm their attendance. (Ordered by Magistrate Judge David L. Horan on 3/17/2022) (mcrd)
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Filing 13
ORDER re: #11 NOTICE of Status of Settlement Negotiations: In light of the report, this matter is REFERRED to United States Magistrate Judge David L. Horan for a settlement conference to be conducted after the close of discovery. The parties are DIRECTED to coordinate with the chambers of Judge Horan to schedule a settlement conference on a mutually agreeable date. (Ordered by Chief Judge Barbara M. G. Lynn on 3/11/2022) (jmg)
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| Filing 12 NOTICE of Extension of Expert Witness Deadlines filed by Yndia Breaux (Miltenberger, Chris) |
| Filing 11 NOTICE of Status of Settlement Negotiations filed by Yndia Breaux (Miltenberger, Chris) |
| Hearing Modification: Hearings set per #10 Scheduling Order. Jury Trial set for 12/5/2022 at 09:00 AM before Chief Judge Barbara M. G. Lynn. Pretrial Conference set for 12/2/2022 at 09:00 AM before Chief Judge Barbara M. G. Lynn. (cea) |
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Filing 10
SCHEDULING ORDER: Jury Trial set for three-week docket beginning 12/5/2022 09:00 AM before Chief Judge Barbara M. G. Lynn. Joinder of Parties due by 1/28/2022. Amended Pleadings due by 1/28/2022. Motions due by 8/26/2022. Discovery due by 7/26/2022. Settlement Status Report due by 3/1/2022. Pretrial Order due by 11/14/2022. Pretrial Materials due by 11/14/2022. Pretrial Conference set for 12/2/2022 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 10/5/2021) (jmg)
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| Filing 9 Proposal for contents of scheduling and discovery order by Yndia Breaux. (Miltenberger, Chris) |
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Filing 8
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Proposed Scheduling Order due by 10/4/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 9/13/2021) (jmg)
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| Filing 7 ANSWER to #4 Amended Complaint filed by Aramark Uniform & Career Apparel LLC. 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. (Johnson, Ethel) |
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Filing 6
ORDER granting #5 Motion for Extension of Time to File Answer re #4 Amended Complaint. Aramark Uniform & Career Apparel LLC answer due 9/10/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 9/7/2021) (axm)
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| Filing 5 Unopposed Motion for Extension of Time to File Answer filed by Aramark Uniform & Career Apparel LLC (Attachments: #1 Proposed Order) (Johnson, Ethel) |
| Filing 4 AMENDED COMPLAINT WITH JURY DEMAND against Aramark Uniform & Career Apparel LLC filed by Yndia Breaux. 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. (Miltenberger, Chris) |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Aramark Uniform & Career Apparel LLC identifying Corporate Parent/Other Affiliate Aramark Services Inc, Corporate Parent/Other Affiliate Aramark Intermediate HoldCo Corporation, Corporate Parent/Other Affiliate Aramark Uniform & Career Apparel Group, Inc., Corporate Parent/Other Affiliate Aramark for Aramark Uniform & Career Apparel LLC. (Johnson, Ethel) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Aramark Uniform & Career Apparel LLC. (Filing fee $402; receipt number 0539-12079832) 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 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) A-3, #5 Exhibit(s) A-4, #6 Cover Sheet, #7 Cover Sheet Supplement) (Johnson, Ethel) |
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| Plaintiff: Yndia Breaux | |
| Represented By: | Chris R Miltenberger |
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| Defendant: Aramark Uniform & Career Apparel LLC | |
| Represented By: | Ethel Jean Johnson |
| Represented By: | John P Bramble |
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