Fay v. Aethon Energy Operating, LLC
Plaintiff: James Fay
Defendant: Aethon Energy Operating LLC
Case Number: 3:2022cv02138
Filed: September 27, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Nature of Suit: Labor: Fair Labor Standards Act
Cause of Action: 29 U.S.C. § 203 Equal Pay Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2022 Opinion or Order Filing 29 ORDER granting #27 Motion to Withdraw as Attorney. Accordingly, Taylor S.Montgomery is hereby WITHDRAWN as counsel of record for Plaintiff in this case. Plaintiff will continue to be represented by counsel from Josephson Dunlap, LLP and Bruckner Burch PLLC. (Ordered by Senior Judge Sam R Cummings on 11/14/2022) (ykp)
November 14, 2022 Filing 28 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Alyssa J. White (Filing fee $100; Receipt number ATXNDC-13298708) filed by James Fay (Attachments: #1 Proposed Order) (Dunlap, Andrew)
November 8, 2022 Filing 27 MOTION to Withdraw as Attorney Taylor S. Montgomery filed by James Fay (Attachments: #1 Proposed Order) (Dunlap, Andrew)
October 18, 2022 Opinion or Order Filing 26 ORDER granting #25 Motion for Leave to Proceed without Local Counsel. (Ordered by Senior Judge Sam R Cummings on 10/18/2022) (sxf)
October 15, 2022 Filing 25 MOTION to Proceed Without Local Counsel filed by James Fay (Attachments: #1 Proposed Order) (Montgomery, Taylor)
October 4, 2022 Opinion or Order Filing 24 SCHEDULING ORDER: Amended Pleadings due by 2/1/2023. Joinder of Parties due by 2/1/2023. Motions due by 10/2/2023. Jury Trial set for 4/1/2024 09:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 10/4/2022) (oyh)
October 3, 2022 Opinion or Order Filing 23 ORDER granting #22 Application for Admission Pro Hac Vice of Michael J. Puma. 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 Senior Judge Sam R Cummings on 10/3/2022) (oyh)
October 3, 2022 Filing 22 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael J. Puma (Filing fee $100; Receipt number ATXNDC-13193158) filed by Aethon Energy Operating LLC (Attachments: #1 Additional Page(s) Pennsylvania - Certificate of Good Standing) (Wright, Ian)
September 29, 2022 Filing 21 NOTICE of Attorney Appearance by Ian A Wright on behalf of Aethon Energy Operating LLC. (Filer will update contact info in ECF.) (Wright, Ian)
September 28, 2022 Filing 20 NOTICE of Attorney Appearance by Taylor Shelton Montgomery on behalf of James Fay. (Filer confirms contact info in ECF is current.) (Montgomery, Taylor)
September 28, 2022 Filing 19 NOTICE of Attorney Appearance by Andrew Dunlap on behalf of James Fay. (Filer confirms contact info in ECF is current.) (Dunlap, Andrew)
September 27, 2022 Filing 18 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. (mla) Modified text on 9/29/2022 (mla).
September 27, 2022 Filing 17 Case electronically transferred in from District of Delaware; Case Number 1:22-cv-00959. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed.
September 27, 2022 Opinion or Order Filing 16 ORDER: Defendant's Motion (D.I. #13 ) is GRANTED. This action will be TRANSFERRED to the United States District Court for the Northern District of Texas (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 9/27/2022. (nms) [Transferred from Delaware on 9/28/2022.]
September 27, 2022 Case transferred to The United States District Court for the Northern District of Texas. (nms) [Transferred from Delaware on 9/28/2022.]
September 26, 2022 Filing 15 DECLARATION of Jeffry Kramer re #13 MOTION to Transfer Case to United States District Court for the Northern District District of Texas, by Aethon Energy Operating, LLC. (Barillare, Jody) Modified on 9/27/2022 (nms). [Transferred from Delaware on 9/28/2022.]
September 26, 2022 Filing 14 OPENING BRIEF in Support re #13 MOTION to Transfer Case to United States District Court for the Northern District District of Texas filed by Aethon Energy Operating, LLC.Answering Brief/Response due date per Local Rules is 10/11/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barillare, Jody) [Transferred from Delaware on 9/28/2022.]
September 26, 2022 Filing 13 UNOPPOSED Motion to Transfer Case to United States District Court for the Northern District District of Texas - filed by Aethon Energy Operating, LLC. (Attachments: #1 Text of Proposed Order)(Barillare, Jody) Modified on 9/27/2022 (nms). [Transferred from Delaware on 9/28/2022.]
September 15, 2022 Filing 12 Letter to The Honorable Richard G. Andrews from Brian E. Farnan regarding Dial In for October 6, 2022 Scheduling Conference. (Farnan, Brian) [Transferred from Delaware on 9/28/2022.]
September 15, 2022 Opinion or Order Filing 11 Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 10/6/2022, at 11:00 AM (see Order for further details). Signed by Judge Richard G. Andrews on 9/15/2022. (nms) [Transferred from Delaware on 9/28/2022.]
September 12, 2022 Filing 10 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Aethon Energy Operating, LLC. (Barillare, Jody) [Transferred from Delaware on 9/28/2022.]
September 12, 2022 Filing 9 ANSWER to #1 Complaint with Jury Demand by Aethon Energy Operating, LLC.(Barillare, Jody) [Transferred from Delaware on 9/28/2022.]
September 8, 2022 Filing 8 NOTICE of Filing of Consent by Michael Garcie, by James Fay. (Attachments: #1 Exhibit 1)(Farnan, Michael) Modified on 9/8/2022 (nms). [Transferred from Delaware on 9/28/2022.]
August 15, 2022 Pro Hac Vice Attorney Taylor S. Montgomery for James Fay added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) [Transferred from Delaware on 9/28/2022.]
August 12, 2022 Filing 7 STIPULATION and Proposed Order to Respond to Complaint - filed by Aethon Energy Operating, LLC. (Barillare, Jody) Modified on 8/16/2022 (nms). [Transferred from Delaware on 9/28/2022.]
August 12, 2022 Filing 6 NOTICE of Appearance by Jody Barillare on behalf of Aethon Energy Operating, LLC (Barillare, Jody) [Transferred from Delaware on 9/28/2022.]
August 12, 2022 Opinion or Order SO ORDERED re #7 STIPULATION and Proposed Order to Respond to Complaint. Signed by Judge Richard G. Andrews on 8/12/2022. (lak) Modified on 8/16/2022 (nms). [Transferred from Delaware on 9/28/2022.]
August 12, 2022 Set/Reset Answer Deadlines: Aethon Energy Operating, LLC answer due 9/12/2022. (lak) [Transferred from Delaware on 9/28/2022.]
August 9, 2022 Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Dunlap and Taylor S. Montgomery - filed by James Fay. (Farnan, Michael) [Transferred from Delaware on 9/28/2022.]
August 9, 2022 Opinion or Order SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Dunlap and Taylor S. Montgomery, filed by James Fay. Signed by Judge Richard G. Andrews on 8/9/2022. (nms) [Transferred from Delaware on 9/28/2022.]
July 27, 2022 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) [Transferred from Delaware on 9/28/2022.]
July 22, 2022 Filing 4 SUMMONS Returned Executed by James Fay. Aethon Energy Operating, LLC served on 7/22/2022, answer due 8/12/2022. (Farnan, Michael) [Transferred from Delaware on 9/28/2022.]
July 21, 2022 Filing 3 Summons Issued as to Aethon Energy Operating, LLC on 7/21/2022. (apk) [Transferred from Delaware on 9/28/2022.]
July 21, 2022 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) [Transferred from Delaware on 9/28/2022.]
July 21, 2022 Filing 1 COMPLAINT filed with Jury Demand against Aethon Energy Operating, LLC ( Filing fee $ 402, receipt number ADEDC-3920518.) - filed by James Fay. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(apk) [Transferred from Delaware on 9/28/2022.]

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Plaintiff: James Fay
Represented By: Sue L Robinson
Represented By: Andrew Dunlap
Represented By: Brian E Farnan
Represented By: Michael J Farnan
Represented By: Michael A Josephson
Represented By: Taylor Shelton Montgomery
Represented By: Alyssa J White
Represented By: Richard J Burch
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Defendant: Aethon Energy Operating LLC
Represented By: Jody Barillare
Represented By: Ian A Wright
Represented By: Michael Jonathan Puma
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