Hanah Mukiri v. Marylee Cowden Kellogg Holdings LLC et al
| Hanah Mukiri |
| Marylee Cowden Kellogg Holdings LLC, Guy C Kellogg and Marylee Cowden Kellogg |
| 3:2022cv02574 |
| November 15, 2022 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| 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 December 29, 2022. A more recent docket listing may be available from PACER.
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Filing 36
ELECTRONIC ORDER: The court has been advised that this case has been settled. It is ORDERED that the final judgment or order of dismissal be presented for entry by January 27, 2023. If it is not, then the case will be subject to dismissal. The Clerk of Court is directed to terminate all pending motions, hearings, and deadlines. (Ordered by Senior Judge A. Joe Fish on 12/29/2022) (chmb)
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| Filing 35 NOTICE of Settlement filed by Hanah Mukiri (Attachments: #1 Proposed Order) (Herrmann, Drew) |
| Magistrate Judge David L. Horan assigned to this case pursuant to Special Order 3-346 for matters that may be referred. (cea) |
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Filing 34
ORDER granting #33 Motion to Withdraw as Attorney. Attorney Allison Hope Luttrell terminated. (Ordered by Senior Judge A. Joe Fish on 12/15/2022) (sxf)
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| Filing 33 MOTION to Withdraw as Attorney - Allison Luttrell filed by Hanah Mukiri (Attachments: #1 Proposed Order) (Luttrell, Allison) |
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Filing 32
STATUS REPORT ORDER: The report shall be ELECTRONICALLY FILED no later than 12/28/2022. (Ordered by Senior Judge A. Joe Fish on 12/2/2022) (ykp)
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Filing 31
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of Inez McBride (docket entry 30). It is ORDERED that the application of Inez McBride is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 12/2/2022) (chmb)
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| Filing 30 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13339213) filed by Guy C Kellogg, Marylee Cowden Kellogg, Marylee Cowden Kellogg Holdings LLC (Attachments: #1 Proposed Order) (McBride, Inez) |
| Filing 29 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hanah Mukiri. (Clerk QC note: No affiliate entered in ECF). (Herrmann, Drew) |
| Filing 28 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Guy C Kellogg, Marylee Cowden Kellogg, Marylee Cowden Kellogg Holdings LLC. (Clerk QC note: No affiliate entered in ECF). (Holland, Michael) |
| Filing 27 NOTICE of Attorney Appearance by David Robert Schlottman on behalf of Guy C Kellogg, Marylee Cowden Kellogg, Marylee Cowden Kellogg Holdings LLC. (Filer confirms contact info in ECF is current.) (Schlottman, David) |
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Filing 26
ELECTRONIC ORDER: Inez M. McBride ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, by December 6, 2022, counsel shall either (1) provide to the court, and to the Clerk of Court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 11/17/2022) (chmb)
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Filing 25
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, by December 6, 2022, the defendants shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will subject the defendants to entries of default judgment without further notice. (Ordered by Senior Judge A. Joe Fish on 11/17/2022) (chmb)
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Filing 24
ELECTRONIC ORDER: On August 12, 2022, the plaintiff filed this case against the defendants Marylee Cowden Kellogg Holdings, LLC, and Guy C. Kellogg in the Western District of Texas, San Antonio Division. See generally Complaint (docket entry 1). On September 29, 2022, the plaintiff amended her complaint and added the defendant Marylee Cowden Kellogg. See generally Amended Complaint (docket entry 10). All defendants have answered. See docket entries 13, 17. On November 15, 2022, the case was transferred to this court. See Order (docket entry 20). N.D. Tex. Civ. R. 7.4 requires that "[t]he initial responsive pleading or motion filed in lieu of a responsive pleading that a defendant files in a civil action must be accompanied by a separately signed certificate of interested persons that complies with LR3.1(c) or 3.2(e). If the defendant concurs in the accuracy of another party's previously-filed certificate, the defendant may adopt that certificate." Accordingly, no later than December 1, 2022, each defendant must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 11/17/2022) (chmb)
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Filing 23
ELECTRONIC ORDER: On August 12, 2022, the plaintiff filed this case against the defendants Marylee Cowden Kellogg Holdings, LLC, and Guy C. Kellogg in the Western District of Texas, San Antonio Division. See generally Complaint (docket entry 1). On September 29, 2022, the plaintiff amended her complaint and added the defendant Marylee Cowden Kellogg. See generally Amended Complaint (docket entry 10). On November 15, 2022, the case was transferred to this court. See Order (docket entry 20). N.D. Tex. Civ. R. 3.1 requires that a "complaint must be accompanied by... a separately signed certificate of interested persons-in a form approved by the clerk-that contains-in addition to the information required by Fed. R. Civ. P. 7.1(a)-a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than December 1, 2022, the plaintiff must comply with Rule 3.1(c) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 11/17/2022) (chmb)
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| Filing 22 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mms) |
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Filing 20
ORDER GRANTING #7 Motion to Transfer Case; GRANTING #16 Motion to Transfer Case to the District Court for the Northern District of Texas, Dallas Division. Signed by Chief Judge Orlando L. Garcia. (rg) [Transferred from Texas Western on 11/16/2022.]
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| Filing 19 NOTICE by Hanah Mukiri re #16 Opposed MOTION to Transfer Case (Luttrell, Allison) [Transferred from Texas Western on 11/16/2022.] |
| Filing 18 Proposed Scheduling Order by Hanah Mukiri. (Luttrell, Allison) [Transferred from Texas Western on 11/16/2022.] |
| Filing 17 ANSWER to #10 Amended Complaint Subject to Defendants' Motion to Dismiss and Opposed Motion to Transfer Venue. Attorney Inez M. McBride added to party Marylee Cowden Kellogg(pty:dft) by Marylee Cowden Kellogg.(McBride, Inez) [Transferred from Texas Western on 11/16/2022.] |
| Filing 16 Opposed MOTION to Transfer Case by Marylee Cowden Kellogg. (McBride, Inez) [Transferred from Texas Western on 11/16/2022.] |
| Filing 15 NON-CONSENT to Trial by US Magistrate Judge by Hanah Mukiri. (Luttrell, Allison) [Transferred from Texas Western on 11/16/2022.] |
| Filing 14 NON-CONSENT to Trial by US Magistrate Judge by Guy C. Kellogg, Marylee Cowden Kellogg Holdings, LLC. (Holland, Michael) [Transferred from Texas Western on 11/16/2022.] |
| Filing 13 ANSWER to #10 Amended Complaint by Guy C. Kellogg, Marylee Cowden Kellogg Holdings, LLC.(McBride, Inez) [Transferred from Texas Western on 11/16/2022.] |
| Filing 12 REPLY to Response to Motion, filed by Guy C. Kellogg, Marylee Cowden Kellogg Holdings, LLC, re #7 Opposed MOTION to Transfer Case Motion to Transfer Venue filed by Defendant Marylee Cowden Kellogg Holdings, LLC, Defendant Guy C. Kellogg Defendants' Reply to Plaintiff's Resposne to Defendants' Motion to Transfer Venue (McBride, Inez) [Transferred from Texas Western on 11/16/2022.] |
| Filing 11 RESPONSE to Motion, filed by Hanah Mukiri, re #7 Opposed MOTION to Transfer Case Motion to Transfer Venue filed by Defendant Marylee Cowden Kellogg Holdings, LLC, Defendant Guy C. Kellogg (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Luttrell, Allison) [Transferred from Texas Western on 11/16/2022.] |
| Filing 10 AMENDED COMPLAINT against All Defendants amending, filed by Hanah Mukiri. (Attachments: #1 Exhibit Hanah Mukiri Notice of Consent)(Luttrell, Allison) [Transferred from Texas Western on 11/16/2022.] |
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Filing 9
ORDER and ADVISORY - ORDERED that the Plaintiff(s) confer with the Defendant(s) to submit a proposed scheduling order for the Court's consideration within forty-five (45) days of the filing of this Order. The parties are hereby ORDERED to notify the Court whether or not they consent to Magistrate Judge jurisdiction within thirty (30) days of the date of the filing of this Order. Signed by Chief Judge Orlando L. Garcia. (rg) [Transferred from Texas Western on 11/16/2022.]
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| Filing 8 ANSWER to Complaint Defendants, Marylee Cowden Kellogg Holdings, LLC and Guy C. Kellogg's Original Answer Subject to Defendants' Motion to Dismiss and Opposed Motion to Transfer Venue by Guy C. Kellogg, Marylee Cowden Kellogg Holdings, LLC.(McBride, Inez) [Transferred from Texas Western on 11/16/2022.] |
| Filing 7 Opposed MOTION to Transfer Case Motion to Transfer Venue by Guy C. Kellogg, Marylee Cowden Kellogg Holdings, LLC. (McBride, Inez) [Transferred from Texas Western on 11/16/2022.] |
| Filing 6 Motion to Dismiss for Failure to State a Claim by Guy C. Kellogg, Marylee Cowden Kellogg Holdings, LLC. (McBride, Inez) [Transferred from Texas Western on 11/16/2022.] |
| Filing 5 Summons Issued as to Marylee Cowden Kellogg Holdings, LLC. (rg) [Transferred from Texas Western on 11/16/2022.] |
| Filing 4 Summons Issued as to Guy C. Kellogg. (rg) [Transferred from Texas Western on 11/16/2022.] |
| Filing 3 DEMAND for Trial by Jury by Hanah Mukiri. (Luttrell, Allison) [Transferred from Texas Western on 11/16/2022.] |
| Case assigned to Chief Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rg) [Transferred from Texas Western on 11/16/2022.] |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad. (rg) [Transferred from Texas Western on 11/16/2022.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Hanah Mukiri. (Attachments: #1 Summons In A Civil Action to Marylee Cowden Kellogg Holdings, LLC, #2 Summons In A Civil Action to Guy C. Kellogg)(Luttrell, Allison) [Transferred from Texas Western on 11/16/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND ( Filing fee $ 402 receipt number ATXWDC-16397876). No Summons requested at this time, filed by Hanah Mukiri. (Attachments: #1 Exhibit Hanah Mukiri Notice of Consent, #2 Civil Cover Sheet)(Luttrell, Allison)[Transferred from Texas Western on 11/16/2022.] Modified text on 11/16/2022 (mms). |
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