Bakios v. Michaels Stores Inc
Plaintiff: Nicholas Bakios, III
Defendant: Michaels Stores Inc
Case Number: 3:2023cv01274
Filed: June 6, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Ed Kinkeade
Nature of Suit: Labor: Fair Labor Standards Act
Cause of Action: 28 U.S.C. § 1391 Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Opinion or Order Filing 33 Brief/Memorandum in Support filed by Michaels Stores Inc re #32 MOTION for Sanctions (Hartmann, Michelle)
July 28, 2023 Opinion or Order Filing 32 MOTION for Sanctions filed by Michaels Stores Inc (Hartmann, Michelle)
July 26, 2023 Opinion or Order Filing 31 RESPONSE filed by Nicholas Bakios, III re: #30 Order (Antone, Christopher) Modified text on 7/27/2023 (mms).
July 24, 2023 Opinion or Order Filing 30 ORDER: Before the Court is Plaintiff's Brief in Response to Defendant's Motion to Seal or, in the Alternative, for Redactions to Plaintiffs Complaint (the "Response"). Doc. No. 28. By July 28, 2023, Plaintiff shall file a supplement to his Response that, without disclosing the substance of the material Defendant seeks to keep confidential, describes generally why the risks of disclosure of each paragraph Defendant seeks to seal do not outweigh the public's common law right of access. See Doc. No. 20. (Ordered by Judge Ed Kinkeade on 7/24/2023) (chmb)
July 24, 2023 Opinion or Order Filing 29 ORDER - On July 20, 2023, Plaintiff filed his Brief in Response to Defendant's Motion to Seal or, in the Alternative, for Redactions to Plaintiff's Complaint (the "Response"). Doc. No. 26. The Response contained some of the currently sealed material that is the subject of this sealing dispute. Defendant promptly filed its Emergency Motion to Seal Plaintiffs Brief in Opposition to Defendant's Motion to Seal or, in the Alternative, for Redactions to Plaintiffs Complaint (the "Motion"). Doc. No. 27. Plaintiff then filed a redacted version of its Response. Doc. No. 28. Plaintiff's Response shall remain sealed pending further order of the Court. Defendants Motion is therefore DENIED as moot and without prejudice to refiling. (Ordered by Judge Ed Kinkeade on 7/24/2023) (chmb)
July 20, 2023 Opinion or Order Filing 28 (Document Restricted) Sealed Response re: #27 Motion for Miscellaneous Relief, #5 xx (retired) Motion to Seal Document, #20 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/7/2023) filed by Nicholas Bakios, III (Attachments: #1 Exhibit(s) Attachment, #2 Exhibit(s) Attachment) (Antone, Christopher)
July 20, 2023 Opinion or Order Filing 27 MOTION to Seal (Emergency) re #26 Response/Objection, filed by Michaels Stores Inc (Attachments: #1 Proposed Order) (Hausler, Meghan)
July 20, 2023 Opinion or Order Filing 26 RESPONSE filed by Nicholas Bakios, III re: #5 MOTION to Seal Document, #20 MOTION to Seal or, in the Alternative, on Redactions to Plaintiff's Complaint re #17 Order,,, (Attachments: #1 Exhibit(s) Attachment, #2 Exhibit(s) Attachment) (Antone, Christopher)
July 13, 2023 Opinion or Order Filing 25 ELECTRONIC ORDER - Before the Court is the Unopposed Motion to Extend Time to Respond to Defendant's Motion to Seal or, in the Alternative, for Redactions to Plaintiff's Complaint (the "Motion"). Doc. No. 24. The Court GRANTS the Motion. Plaintiff shall file his response to Defendant's Motion to Seal or, in the Alternative, for Redactions to Plaintiffs Complaint by July 21, 2023. (Ordered by Judge Ed Kinkeade on 7/13/2023) (chmb)
July 12, 2023 Opinion or Order Filing 24 Unopposed MOTION to Extend Time Unopposed filed by Nicholas Bakios, III (Attachments: #1 Proposed Order Proposed Order) (Antone, Christopher)
July 11, 2023 Opinion or Order Filing 23 ELECTRONIC ORDER: - Before the Court is Defendant's Motion to Seal or, in the Alternative, On Redactions to Plaintiff's Complaint (the "Motion"). Doc. No. 20. According to Defendant, Plaintiff has again changed course and is now opposed to sealing the Complaint, Doc. No. 1., or, alternatively, most of Defendant's proposed redactions. E.g., Doc. No. 20 at 3. Citing the attorney-client privilege, the work product doctrine, the desire to protect confidential business information, and the fact that the parties have agreed to dismiss this in favor of arbitration per an arbitration agreement, Defendant asks the Court (as an alternative to sealing the entire Complaint) to redact paragraphs (or portions of paragraphs) 9, 14, 16, 18-24, 33-36, 40, and 42. Id. at 1. The Court ORDERS Plaintiff to, by July 14, 2023, file a response to Defendant's Motion in accordance with the following requirements: (1) Plaintiff shall publicly file his response, and without disclosing the substance of the material Defendant seeks to keep confidential, describe generally why the risks of disclosure of each paragraph Defendant seeks to seal do not outweigh the public's common law right of access; and (2) as a sealed attachment to the response, Plaintiff shall brief specifically why the risks of disclosure of each paragraph Defendant seeks to seal do not outweigh the public's common law right of access. Defendants Sealed Brief in Support of Defendants Motion to Seal, or, in the Alternative, for Redaction to Plaintiff's Complaint (the "Sealed Brief"), Doc. No. 21, is very specific and detailed; it outlines exactly what Defendant seeks to seal, and it adeptly applies the relevant legal authorities to those specific requests. The Court expects Plaintiff to engage with Defendants arguments with that same level of detail and analysis. (Ordered by Judge Ed Kinkeade on 7/11/2023) (chmb)
July 10, 2023 Opinion or Order Filing 22 (Document Restricted) Sealed Appendix in Support re: #17 Order,,, #20 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/22/2023) filed by Michaels Stores Inc (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Hartmann, Michelle)
July 10, 2023 Opinion or Order Filing 21 (Document Restricted) Sealed Brief/Memorandum in Support re: #17 Order,,, #20 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/22/2023) filed by Michaels Stores Inc (Hartmann, Michelle)
July 10, 2023 Opinion or Order Filing 20 MOTION to Seal or, in the Alternative, on Redactions to Plaintiff's Complaint re #17 Order,,, filed by Michaels Stores Inc (Attachments: #1 Proposed Order) (Hartmann, Michelle)
June 26, 2023 Opinion or Order Filing 19 ELECTRONIC ORDER - In light of Plaintiff's Motion to Dismiss, Doc. No. 10, and Defendant's Unopposed Motion to Compel Arbitration and Dismiss Plaintiff's Claims, Doc. No. 11, all deadlines (except those outlined in the Court's June 22, 2023, Order, Doc. No. 17), are hereby STAYED. Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint, Doc. No. 18, is hereby DENIED as moot and without prejudice to refiling. (Ordered by Judge Ed Kinkeade on 6/26/2023) (chmb)
June 26, 2023 Opinion or Order Filing 18 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint filed by Michaels Stores Inc (Attachments: #1 Proposed Order) (Hausler, Meghan)
June 22, 2023 Opinion or Order Filing 17 ORDER: Before the Court are Plaintiff;s Motion to Dismiss, Doc. No. 10, and Defendant's Unopposed Motion to Compel Arbitration and Dismiss Plaintiff's Claims, Doc. No. 11, (collectively, the "Motions"). But before the Court can turn to these Motions, it must first address Defendant's Emergency Motion to Seal Plaintiff's Original Complaint, Doc. No. 5, and the currently sealed Complaint, Doc. No. 1. The Court previously vacated the deadlines included in the June 9, 2023, Order. Doc. No. 16. The Court now ORDERS the following: The parties shall, by July 10, 2023, file a joint motion outlining which paragraphs or sentences of the Complaint should be redacted. (Ordered by Judge Ed Kinkeade on 6/22/2023) (chmb)
June 22, 2023 Opinion or Order Filing 16 ELECTRONIC ORDER: Before the Court are Plaintiff's Motion to Dismiss, Doc. No. 10, and Defendant's Unopposed Motion to Compel Arbitration and Dismiss Plaintiffs Claims, Doc. No. 11, (collectively, the "Motions"). The Court will rule on these Motions in due time. However, on account of the developments outlined in the Motions (and the associated brief and appendix), the Court VACATES the deadlines included in the June 9, 2023, Order, Doc. No. 8. (Ordered by Judge Ed Kinkeade on 6/22/2023) (chmb)
June 22, 2023 Opinion or Order Filing 15 NOTICE of Attorney Appearance by Ariel Bryant on behalf of Michaels Stores Inc. (Filer confirms contact info in ECF is current.) (Bryant, Ariel)
June 22, 2023 Opinion or Order Filing 14 NOTICE of Attorney Appearance by Meghan E. Hausler on behalf of Michaels Stores Inc. (Filer confirms contact info in ECF is current.) (Hausler, Meghan)
June 21, 2023 Opinion or Order Filing 13 Appendix in Support filed by Michaels Stores Inc re #12 Brief/Memorandum in Support of Motion, #11 Unopposed MOTION to Compel (Defendant's Unopposed Motion to Compel Arbitration and Dismiss Plaintiff's Claims) (Attachments: #1 Exhibit(s) A) (Hartmann, Michelle)
June 21, 2023 Opinion or Order Filing 12 Brief/Memorandum in Support filed by Michaels Stores Inc re #11 Unopposed MOTION to Compel (Defendant's Unopposed Motion to Compel Arbitration and Dismiss Plaintiff's Claims) (Hartmann, Michelle)
June 21, 2023 Opinion or Order Filing 11 Unopposed MOTION to Compel (Defendant's Unopposed Motion to Compel Arbitration and Dismiss Plaintiff's Claims) filed by Michaels Stores Inc (Attachments: #1 Proposed Order) (Hartmann, Michelle)
June 21, 2023 Opinion or Order Filing 10 MOTION to Dismiss filed by Nicholas Bakios, III (Antone, Christopher)
June 14, 2023 Opinion or Order Filing 9 SUMMONS Returned Executed as to Michaels Stores Inc; served on 6/8/2023. (mms)
June 9, 2023 Opinion or Order Filing 8 ORDER - Before the Court is Defendant's Emergency Motion to Seal Plaintiff's Original Complaint (the "Motion"). Doc. No. 5. The Courts GRANTS in part the Motion and provisionally seals Plaintiff's Original Complaint (the "Complaint"), Doc. No. 1, pending a final sealing decision to be made after the parties complete additional briefing subject to the requirements outlined in this Order. (Ordered by Judge Ed Kinkeade on 6/9/2023) (chmb)
June 7, 2023 Opinion or Order Filing 7 Appendix in Support filed by Michaels Stores Inc re #5 Motion to Seal Complaint. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6) (Hartmann, Michelle) Modified text on 6/8/2023 (sxf).
June 7, 2023 Opinion or Order Filing 6 Brief/Memorandum in Support filed by Michaels Stores Inc re #5 Motion to Seal Complaint (Hartmann, Michelle) Modified text on 6/8/2023 (sxf).
June 7, 2023 Opinion or Order Filing 5 Emergency MOTION to Seal Plaintiff's Original #1 Complaint filed by Michaels Stores Inc. (Attachments: #1 Proposed Order)Attorney Michelle LeGrand Hartmann added to party Michaels Stores Inc(pty:dft) (Hartmann, Michelle) Modified text and event on 6/8/2023 (sxf).
June 6, 2023 Opinion or Order Filing 4 Summons Issued as to Michaels Stores Inc. (cfk) (Main Document 4 replaced on 6/7/2023 to include attorney info) (sxf).
June 6, 2023 Opinion or Order 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (cfk)
June 6, 2023 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nicholas Bakios, III. (Clerk QC note: No affiliate entered in ECF). (Antone, Christopher)
June 6, 2023 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against Michaels Stores Inc filed by Nicholas Bakios, III. (Filing fee $402; Receipt number ATXNDC-13793724) 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. (Attachments: #1 Cover Sheet Cover Sheet) (Antone, Christopher) (Attachment 1 replaced on 6/6/2023 to flatten pdf) (cfk).

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Plaintiff: Nicholas Bakios, III
Represented By: Christopher Charles Antone
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Defendant: Michaels Stores Inc
Represented By: Ariel Bryant
Represented By: Meghan E. Hausler
Represented By: Michelle LeGrand Hartmann
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