Carter et al v. Express Courier International, Inc. et al
| Eweren Mejia, James Kennedy, III, Rufus Davis, Jr., Herman Johnson, Rodney Harris, William Larzard, III, Carol Schumacher, Jeffery Batten, Tanya Brittain, David Collins, Sam Cole, Jamal Robertson, Nicholas Carter, Latoya Nicholson, Quintin Guillory, Rodney Douglas, Deborah Jones, Rose Taylor, Hansel Carter, Ginger Batten, Silvester Johnson, Shaji Brown, Pamela Jones, Denny Schaffer, Kathy Gauthier, Wayne Robinson, Charles Fielding, Lee Robinson and Kimberly Knighten |
| Express Courier International, Inc. and EMP LSO Holding Corporation |
| 4:2019cv01124 |
| March 27, 2019 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 27, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 Case transferred in from Louisiana Eastern. Case Number 2:18-cv-00156; certified copy of transfer order, certified docket sheet, and transfer letter received |
Filing 39
ORDER - The #37 Joint Motion to Transfer is GRANTED and this matter is TRANSFERRED to the Southern District of Texas. Signed by Judge Lance M Africk on 3/26/19.(sbs)
|
| Filing 38 Correction of Docket Entry by Clerk re #37 Joint MOTION to Transfer Case to Finalize Settlement. **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and removed submission date.** (sbs) |
| Filing 37 EXPARTE/CONSENT Joint MOTION to Transfer Case to Finalize Settlement by All Plaintiffs, All Defendants.(Attachments: #1 Proposed Order)(West, Joshua) Modified text and filers on 3/26/2019 (sbs). |
| Filing 36 Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 2/13/2019. ORDERED that counsel shall file the motion to transfer this matter no later than MONDAY, 3/25/2019. (sbs) |
| Filing 35 Joint STATUS REPORT by All Plaintiffs, All Defendants. (Quillen, Emily) Modified filers on 2/7/2019 (sbs). |
|
Filing 34
ORDER: Status Conference set for 2/13/2019 09:15 AM before Judge Lance M Africk. Parties shall comply as stated herein. Signed by Judge Lance M Africk on 1/14/2019.(blg)
|
|
Filing 33
SCHEDULING ORDER:Status Conference set for 2/13/2019 09:15 AM before Judge Lance M Africk. All discovery must be completed by 5/3/2019. Final Pretrial Conference set for 6/18/2019 10:30 AM before Judge Lance M Africk. Jury Trial set for 7/22/2019 08:30 AM before Judge Lance M Africk. (Attachments: #1 Pretrial Notice Form) (NEF:Magistrate Judge)(sbs)
|
| Filing 32 NOTICE: Scheduling Conference set for 1/9/2019 09:45 AM before case manager by telephone. By Clerk. (blg) |
|
Filing 31
ORDER denying #29 Motion to Stay. Signed by Judge Lance M Africk on 12/20/2018. (blg)
|
| Filing 30 Correction of Docket Entry by Clerk re #29 Joint MOTION to Stay . **Filing attorney did not enter Plaintiffs as additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s). No further action necessary.** (jeg) |
| Filing 29 EXPARTE/CONSENT Joint MOTION to Stay by EMP LSO Holding Corporation, Express Courier International, Inc., Hansel Carter, Nicholas Carter, Ginger Batten, Rose Taylor, Carol Schumacher, Denny Schaffer, Wayne Robinson, Lee Robinson, Jamal Robertson, Latoya Nicholson, William Larzard, III, Kimberly Knighten, James Kennedy, III, Pamela Jones, Deborah Jones, Silvester Johnson, Herman Johnson, Rodney Harris, Quintin Guillory, Kathy Gauthier, Charles Fielding, Rodney Douglas, Rufus Davis, Jr., David Collins, Sam Cole, Shaji Brown, Tanya Brittain, Jeffery Batten. (Attachments: #1 Proposed Order)(Quillen, Emily) Modified text/filers on 12/19/2018 (jeg). |
| Filing 28 Minute Order. Proceedings held before Judge Lance M Africk: Telephone Conference held on 6/12/2018. ORDERED that the defendants' #20 motion to dismiss is DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that the joint #26 motion to continue the submission date of the defendants' motion to dismiss is DISMISSED AS MOOT. (blg) |
| Filing 27 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #20 MOTION to Dismiss for Failure to State a Claim. (West, Joshua) |
| Filing 26 EXPARTE/CONSENT Joint MOTION to Continue Submission Date of Defendants' Motion to Dismiss (Doc. 20) by EMP LSO Holding Corporation, Express Courier International, Inc., Hansel Carter, Nicholas Carter, Ginger Batten, Rose Taylor, Carol Schumacher, Denny Schaffer, Wayne Robinson, Lee Robinson, Jamal Robertson, Latoya Nicholson, William Larzard, III, Kimberly Knighten, James Kennedy, III, Pamela Jones, Deborah Jones, Silvester Johnson, Herman Johnson, Rodney Harris, Quintin Guillory, Kathy Gauthier, Charles Fielding, Rodney Douglas, Rufus Davis, Jr., David Collins, Sam Cole, Shaji Brown, Tanya Brittain, Jeffery Batten. (Attachments: #1 Proposed Order)(Gaudet, Nathan) Modified text and filers on 6/12/2018 (sbs). |
| Filing 25 Motion before the JPML for Transfer of Actions Pursuant to 28:1407. (Attachments: #1 Memorandum in Support, #2 List of Cases)(blg) |
|
Filing 24
ORDER granting #23 Motion for Extension of Time to File Response/Reply. IT IS ORDERED that the motion is GRANTED. Plaintiffs shall respond to defendants' pending Motion to Dismiss no later than JUNE 12, 2018. Signed by Judge Lance M Africk on 5/23/2018. (sa)
|
| Filing 23 EXPARTE/CONSENT Consent MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Failure to State a Claim by Ginger Batten, Jeffery Batten, Tanya Brittain, Shaji Brown, Hansel Carter, Nicholas Carter, Sam Cole, David Collins, Rufus Davis, Jr, Rodney Douglas, Charles Fielding, Kathy Gauthier, Quintin Guillory, Rodney Harris, Herman Johnson, Silvester Johnson, Deborah Jones, Pamela Jones, James Kennedy, III, Kimberly Knighten, William Larzard, III, Latoya Nicholson, Jamal Robertson, Lee Robinson, Wayne Robinson, Denny Schaffer, Carol Schumacher, Rose Taylor. (Attachments: #1 Proposed Order Granting Motion for Extension of Time)(West, Joshua) Modified filer on 5/24/2018 (sbs). |
| Filing 22 Correction of Docket Entry by Clerk re #21 Amendment/Supplement to Document, **Document incorrectly filed as a separate entry. Document is correctly attached to rec doc #20 MOTION to Dismiss for Failure to State a Claim, as Exhibit A. For future filings, exhibits should only be filed as an attachments to the motion and not a separate entry. No further action necessary.** (sbs) |
| Filing 21 **ERROR CLERK HAS ATTACHED TO DOC. #20 ** Amendment/Supplement to Document by EMP LSO Holding Corporation, Express Courier International, Inc. re #20 MOTION to Dismiss for Failure to State a Claim Exhibit A to Memorandum in Support (Gaudet, Nathan) Modified on 5/16/2018 (sbs). |
| Filing 20 MOTION to Dismiss for Failure to State a Claim by EMP LSO Holding Corporation, Express Courier International, Inc.. Motion(s) will be submitted on 6/13/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Gaudet, Nathan) (Additional attachment(s) added on 5/16/2018: #3 Exhibit A) (sbs). |
| Filing 19 Statement of Corporate Disclosure by EMP LSO Holding Corporation (Gaudet, Nathan) |
| Filing 18 Statement of Corporate Disclosure by Express Courier International, Inc. identifying Corporate Parent EMP LSO Holding Corporation for Express Courier International, Inc. (Gaudet, Nathan) |
|
Filing 17
ORDER granting #16 Motion to Appear Pro Hac Vice as to Adam C. Smedstad. Signed by Judge Lance M Africk on 4/27/2018. (Attachments: #1 Notice Pro Hac Vice Counsel) (ajn)
|
| Filing 16 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Adam C. Smedstad (Filing fee $ 100 receipt number 053L-6827784) by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Statement Certificate of Good Standing, #2 Affidavit, #3 Statement E-file registration, #4 Proposed Order)(Gaudet, Nathan) (Attachment 3 replaced on 4/27/2018) (blg). |
|
Filing 15
ORDER granting #12 , #13 , and #14 Motions to Appear Pro Hac Vice as to Emily A Quillen, Charles Andrewscavage, and Andrew J Butcher. Signed by Judge Lance M Africk on 4/26/2018. (Attachments: #1 Notice to visiting attorneys) (blg)
|
| Filing 14 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Andrew Butcher (Filing fee $ 100 receipt number 053L-6825205) by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Statement Certificate of Good Standing, #2 Affidavit, #3 Statement E-file registration, #4 Proposed Order)(Gaudet, Nathan) |
| Filing 13 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Charles Andrewscavage (Filing fee $ 100 receipt number 053L-6825195) by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Statement Certificate of Good Standing, #2 Affidavit, #3 Statement E-file registration, #4 Proposed Order)(Gaudet, Nathan) |
| Filing 12 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Emily A. Quillen (Filing fee $ 100 receipt number 053L-6825183) by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit, #3 Statement E-file registration, #4 Proposed Order)(Gaudet, Nathan) |
|
Filing 11
ORDER granting #10 Motion to Appear Pro Hac Vice as to Joshua Lee West. Signed by Judge Lance M Africk on 4/18/2018. (blg)
|
| Filing 10 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice On Behalf of Joshua Lee West (Filing fee $ 100 receipt number 053L-6806385) by Ginger Batten, Jeffery Batten, Tanya Brittain, Shaji Brown, Hansel Carter, Nicholas Carter, Sam Cole, David Collins, Rufus Davis, Jr, Rodney Douglas, Charles Fielding, Kathy Gauthier, Quintin Guillory, Rodney Harris, Herman Johnson, Silvester Johnson, Deborah Jones, Pamela Jones, James Kennedy, III, Kimberly Knighten, William Larzard, III, Eweren Mejia, Latoya Nicholson, Jamal Robertson, Lee Robinson, Wayne Robinson, Denny Schaffer, Carol Schumacher, Rose Taylor. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration of Joshua Lee West, #3 Exhibit ECF Registration, #4 Proposed Order)(Bohrer, Philip) |
| Filing 9 WAIVER OF SERVICE Returned Executed; waiver sent to Express Courier International, Inc. on 3/30/2018, answer due 5/29/2018. (Bohrer, Philip) |
| Filing 8 WAIVER OF SERVICE Returned Executed; waiver sent to EMP LSO Holding Corporation on 3/30/2018, answer due 5/29/2018. (Bohrer, Philip) |
|
Filing 7
ORDER granting #6 Motion to Enroll as Counsel of Record for Attorney Guy D. Perrier and Nathan M. Gaudet for EMP LSO Holding Corporation and Express Courier International, Inc. Signed by Judge Lance M Africk on 3/6/2018. (blg)
|
| Filing 6 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Proposed Order)Attorney Nathan M. Gaudet added to party EMP LSO Holding Corporation(pty:dft), Attorney Nathan M. Gaudet added to party Express Courier International, Inc.(pty:dft).(Gaudet, Nathan) |
| Filing 5 **DEFICIENT** NOTICE of Appearance by Nathan M. Gaudet on behalf of EMP LSO Holding Corporation, Express Courier International, Inc.. Attorney Nathan M. Gaudet added to party EMP LSO Holding Corporation(pty:dft), Attorney Nathan M. Gaudet added to party Express Courier International, Inc.(pty:dft).(Gaudet, Nathan) Modified on 2/26/2018 (blg). |
| Filing 4 First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Hansel Carter, Nicholas Carter.(Bohrer, Philip) |
| Filing 3 Summons Issued as to EMP LSO Holding Corporation, Express Courier International, Inc. (Attachments: #1 Summons 2)(blg) |
| Filing 2 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Joseph C. Wilkinson, Jr. (ess) |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-6581621) filed by Hansel Carter, Nicholas Carter. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)Attorney Philip Bohrer added to party Hansel Carter(pty:pla), Attorney Philip Bohrer added to party Nicholas Carter(pty:pla).(Bohrer, Philip) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
