Aleem v. Cenikor Foundation
| Avia Chouest, Roderic Brown, Wesley Guillard, Marlon Woods, Donald Veuleman, Kimberly Lucio, Amanda Costello, Ryan Freemin, Christopher Cross, Stephen Cheatham, Rodney Carlson, Ronald Franklin, Ivan McKinney, Daniel Duplaisir, Ivery Handy, Cody Alaniz, Tina Fruge Stallard, Malik Aleem, Matthew Vincent, Shane Yongue, Jose Martinez, Christopher Harrison, Joy Sullivan, Sean Battiste, Christopher Payne, Joan Manuel Velasquez, Alana Whatley, Joey Primeaux, Russell Johnson, Jessica Fairris, Brandi Porretto, Emmanuel Mauldin, Ronald Rhone, Calvin Green, Krystle Jackson, Chase Danereau, Corey Ayo, Ernie Martin, Christopher Stephney, Candice Adams, Dwayne Dunn, James Sykes, Deborah Strecker and George Orstendorf |
| Cenikor Foundation |
| 4:2019cv03032 |
| August 14, 2019 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Vanessa D Gilmore |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2019. A more recent docket listing may be available from PACER.
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Filing 58
ORDER granting #57 Motion to Stay Briefing on Plaintiff Aleem's Pending Motion for Conditional Certification.(Signed by Judge Keith P Ellison) Parties notified.(rguerrero, 4)
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| Filing 57 MOTION to Stay Briefing on Plaintiff Aleem's Pending Motion For Conditional Certification by Malik Aleem, filed. Motion Docket Date 10/25/2019. (Attachments: #1 Proposed Order)(Sanderson, Adam) |
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Filing 56
ORDER granting #54 Motion for Leave to File excess pages.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
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| Filing 55 SEALED RESPONSE IN OPPOSITION TO PLAINTIFF MALIK ALEEM'S MOTION FOR CONDITIONAL CERTIFICATION re: #8 by Cenikor Foundation, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Gregory, David) |
| Filing 54 Unopposed MOTION for Leave to File Exceed Page Limit by Cenikor Foundation, filed. Motion Docket Date 10/18/2019. (Attachments: #1 Proposed Order)(Gregory, David) |
| *** Motion hearing and initial conference cancelled pending ruling on motion to consolidate in 4-19cv1583, filed. (arrivera, 4) |
| Filing 53 CORRECTED NOTICE of Setting as to #51 Notice (Other). Parties notified. Initial Conference and Motion Hearing set for 9/4/2019 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) |
| Filing 52 NOTICE of Setting as to #51 Notice (Other). Parties notified. Initial Conference and Motion Hearing set for 9/4/2019 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) |
| Filing 51 NOTICE of Filing of Motion to Consolidate by Cenikor Foundation, filed. (Attachments: #1 Exhibit Exhibit A - Motion to Consolidate)(Gregory, David) |
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Filing 50
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/13/2019 at 10:00 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(SarahShelbyadi, 4)
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| Filing 49 CLERKS NOTICE re: #48 Order for Initial Conference - FORM, terminated as filed in error. Deadline terminated. Parties notified, filed. (SarahShelby, 4) |
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Filing 48
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/10/2020 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(LoriPurifoyadi, 4)
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| Filing 47 Case transferred in from Louisiana Middle. Case Number 3:19-cv-00268; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 46
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order. . Signed by Chief Judge Shelly D. Dick on 07/08/2019. (NLT)
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Filing 45
ORDER: The Motion to Change Venue to First-to-File Court (Doc. 39) is GRANTED. IT IS FURTHER ORDERED that Civil Action No. 19-cv-00268-BAJ-RLB is TRANSFERRED to Judge Keith Ellison in the Southern District of Texas. The Court further notes that a Joint Motion to Change Venue to First-to File Court (Doc. 43) is pending in Civil Action No. 19-cv-00267-BAJ-RLB and a Joint Motion to Change Venue to First-to-File Court (Doc. 28) is pending in Civil Action No. 19-cv-00294-BAJ-RLB. Because both cases also involve issues substantially similar to those in the Klick case, both motions are GRANTED. Civil Action No. 19-cv-00267-BAJ-RLB and Civil Action No. 19-cv-00294-BAJ-RLB are TRANSFERRED to the Southern District of Texas. Signed by Judge Brian A. Jackson on 08/09/2019. (NLT)
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| Filing 44 NOTICE of Filing Consent Forms by Malik Aleem (Attachments: #1 Consent Form of D. Strecker, #2 Consent Form of D. Duplaisir)(Stiegler, Charles) |
| Filing 42 NOTICE of Filing Consent Form of K. Lucio by Malik Aleem (Attachments: #1 Consent Form of K. Lucio)(Stiegler, Charles) |
| Filing 41 RESPONSE to #39 MOTION to Change Venue to First-to-File Court filed by Malik Aleem. (Stiegler, Charles) |
| Filing 40 Notice to Counsel: The Scheduling Conference set for 7/11/2019 is CANCELLED. Upon a Ruling on the Joint Motion to Change Venue, the parties shall contact chambers of Magistrate Judge Richard L. Bourgeois, Jr. at (225) 389-3602 to reset the scheduling conference, if necessary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) |
| Filing 43 Minute Entry for proceedings held before Judge Brian A. Jackson: Status Conference held on 7/1/2019. Status of CA 19cv267-BAJ; 19cv268-BAJ; and 19cv294-BAJ discussed. Ruling on pending motions deferred until issuances of Ruling on Motion to Transfer. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) |
| Filing 39 MOTION to Change Venue to First-to-File Court by Cenikor Foundation, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B)(Knapp, Bradley) |
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Filing 38
ORDER granting #36 Motion to Enroll Additional Counsel of Record. Attorney Richard A. Chopin is added as co-counsel for Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/27/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 37 Joint STATUS REPORT by Malik Aleem. (Stiegler, Charles) |
| Filing 36 MOTION to Enroll Richard A. Chopin as Additional Attorney by All Plaintiffs. (Attachments: #1 Proposed Order)(Chopin, Justin) |
| MOTION(S) REFERRED: #36 MOTION to Enroll Richard A. Chopin as Additional Attorney . This motion is now pending before the USMJ. (EDC) |
| Filing 35 NOTICE of Consent to Join by Malik Aleem (Attachments: #1 Consent of C. Payne)(Stiegler, Charles) |
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Filing 34
ORDER: The Civil Action Nos. 19-cv-267, 19-cv-268 and 19-cv-294 are set for a Status Conference on 7/1/2019 at 03:00 PM in chambers before Judge Brian A. Jackson. Signed by Judge Brian A. Jackson on 6/19/2019. (EDC)
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| Filing 33 NOTICE of Consents to Join Action by Malik Aleem (Attachments: #1 Consent form of J. Martinez, #2 Consent Form of T. Fruge)(Stiegler, Charles) |
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Filing 32
ORDER granting #27 Unopposed Motion to Designate Lead Attorney. Attorney David Gregory shall be designated as lead attorney for this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/18/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| Filing 31 Memorandum in Opposition to #30 MOTION for Extension of Time to File Response to #8 MOTION for Conditional Certification filed by Malik Aleem. (Stiegler, Charles) Modified on 6/19/2019 to edit the docket text (KMW). |
| Filing 30 Request to Clarify Court Order or, in the Alternative, Renewed MOTION for an Extension of Time to Respond to Plaintiff's #8 MOTION for Conditional Certification by Cenikor Foundation, Inc.. (Attachments: #1 Proposed Pleading; Order)(Gregory, David). Added MOTION for Reconsideration on 6/19/2019 (KMW). Modified on 6/19/2019 to edit the motion text(KMW). |
| MOTION(S) REFERRED: #27 Unopposed MOTION to Designate Lead Attorney . This motion is now pending before the USMJ. (KMW) |
| Filing 29 Corporate Disclosure Statement by Cenikor Foundation, Inc.. (Gregory, David) |
| Filing 28 Original ANSWER to #1 Complaint by Cenikor Foundation, Inc..(Gregory, David) |
| Filing 27 Unopposed MOTION to Designate Lead Attorney by Cenikor Foundation, Inc.. (Attachments: #1 Proposed Pleading; Order)(Gregory, David) |
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Filing 26
ORDER: The Court notes the above captioned matters all include Fair Labor Standards Act claims by similarly situated Plaintiffs who attended Defendant's residential rehabilitation facility. Considering Local Rule 3(b), all civil matters, which involve subject matter that comprises all or a material part of the subject matter or cooperative facts of another action, shall be transferred to the section with the lowest docket number. Civil Case Number 3:19-00268-JWD-RLB is transferred from Judge John W. deGravelles to Judge Brian A. Jackson. Further, Civil Case Number 3:19-00294-SDD-RLB is transferred from Judge Shelly D. Dick to Judge Brian A. Jackson. Further, the #27 Motion for Extension of Time to Respond to Plaintiff's Pre-Answer Motion in Civil Case Number 3:19-00267-BAJ-RLB is GRANTED and Defendant's deadline to file a response to Plaintiff's Motion is extended through 9/27/2019. Signed by Judge Brian A. Jackson on 5/31/2019. (SWE)
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| Filing 25 NOTICE of Filing Consent of R. Rhone by Malik Aleem (Attachments: #1 Consent form of R. Rhone)(Stiegler, Charles) |
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Filing 24
ORDER: IT IS ORDERED that the Defendant's Unopposed Motion for Expedited Consideration (Doc. 23) is GRANTED.IT IS FURTHER ORDERED that Defendant's Motion for an Extension of Time to Respond to Plaintiff's Pre-Answer Motion for Conditional Certification is GRANTED IN PART AND DENIED IN PART.The motion is granted in that Defendant is given a fourteen (14) day extension in which to file its answer.Prior to the expiration of that deadline, Defendant may either move for a further extension of time, seek a status conference, and/or file a Joint Stipulation as it did inSorey v. Cenikor Foundation, No. 19-267-BAJ-RLB (M.D. La.). Signed by Judge John W. deGravelles on 05/31/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 23 Unopposed MOTION for Expedited Hearing on #20 MOTION for an Extension of Time to Respond to Plaintiff's Pre-Answer #8 MOTION for Conditional Certification by Cenikor Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Knapp, Bradley) |
| Case Reassigned to Judge Brian A. Jackson. Judge John W. deGravelles no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) |
| Motions No Longer Referred: #20 MOTION for an Extension of Time to Respond to Plaintiff's Pre-Answer #8 MOTION for Conditional Certification. This motion is now pending before the USDJ. (SWE) |
| Filing 22 Exhibit(s) to #21 Memorandum in Opposition to Motion by Malik Aleem. (Stiegler, Charles) |
| Filing 21 MEMORANDUM in Opposition to #20 MOTION for Extension of Time to File Response to #8 MOTION for Conditional Certification filed by Malik Aleem. (Stiegler, Charles) |
| MOTION(S) REFERRED: #20 MOTION for an Extension of Time to Respond to Plaintiff's Pre-Answer #8 MOTION for Conditional Certification. This motion is now pending before the USMJ. (SWE) |
| Filing 20 MOTION for an Extension of Time to Respond to Plaintiff's Pre-Answer #8 MOTION for Conditional Certification by Cenikor Foundation, Inc. (Attachments: #1 Proposed Order)(Knapp, Bradley) Modified on 5/29/2019 to edit the text (SWE). |
| Filing 19 NOTICE of Filing Consents to Join Action by Malik Aleem (Attachments: #1 Consent Form of C. Harrison, #2 Consent Form of J. Velasquez, #3 Consent Form of A. Whatley, #4 Consent Form of B. Porretto, #5 Consent Form of M. Vincent, #6 Consent Form of J. Sullivan, #7 Consent Form of C. Stephney, #8 Consent Form of J. Fairis)(Stiegler, Charles) |
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Filing 18
ORDER granting #13 Motion for David Gregory to Appear Pro Hac Vice; granting #14 Motion for Christopher Dove to Appear Pro Hac Vice; granting #15 Motion for Andrew Reed to Appear Pro Hac Vice; granting #16 Motion for Frank Sommerville to Appear Pro Hac Vice. David Gregory, Christopher Dove, Andrew Reed and Frank Sommerville are hereby enrolled pro hac vice as co-counsel for Defendant Cenikor Foundation. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/24/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
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Filing 17
ORDER granting #12 Ex Parte Motion for an Extension of Time to File Responsive Pleadings. Cenikor Foundation is granted a 21-day extension of time until and including 6/13/2019 to file responsive pleadings. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/24/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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| MOTION(S) REFERRED: #15 Ex Parte MOTION for Andrew Reed to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1946539), #16 Ex Parte MOTION for Frank Sommerville to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1946557). This motion is now pending before the USMJ. (KAH) |
| Filing 16 Ex Parte MOTION for Frank Sommerville to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1946557) by Cenikor Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Knapp, Bradley) |
| Filing 15 Ex Parte MOTION for Andrew Reed to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1946539) by Cenikor Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Knapp, Bradley) |
| Filing 14 Ex Parte MOTION to Permit Out of State Counsel to Appear and Participate Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1945766) by Cenikor Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Knapp, Bradley) Modified on 5/22/2019 to edit docket text (KMW). |
| Filing 13 Ex Parte MOTION to Permit Out of State Counsel to Appear and Participate Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1945755) by Cenikor Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Knapp, Bradley) Modified on 5/22/2019 to edit docket text (KMW). |
| Filing 12 Ex Parte MOTION for Extension of Time to File Answer to #1 Complaint by Cenikor Foundation, Inc.. (Attachments: #1 Proposed Order)(Knapp, Bradley) |
| MOTION(S) REFERRED: #12 Ex Parte MOTION for Extension of Time to File Answer to #1 Complaint . This motion is now pending before the USMJ. (SWE) |
| MOTION(S) REFERRED: #14 Ex Parte MOTION to Permit Out of State Counsel to Appear and Participate Pro Hac Vice . This motion is now pending before the USMJ. (KMW) |
| MOTION(S) REFERRED: #13 Ex Parte MOTION for David Gregory to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-1945755). This motion is now pending before the USMJ. (KMW) |
| Filing 11 NOTICE of Related Proceedings by Malik Aleem (Stiegler, Charles) |
| Filing 10 NOTICE of Consents to Join Action by Malik Aleem (Attachments: #1 C. Ayo Consent Form, #2 C. Cross Consent Form)(Stiegler, Charles) |
| Filing 9 NOTICE of Consents to Join Action by Malik Aleem (Attachments: #1 S. Yongue Consent Form, #2 A. Costello Consent Form, #3 C. Danereau Consent Form, #4 R. Carlson Consent Form, #5 S. Battiste Consent Form)(Stiegler, Charles) |
| Filing 8 MOTION for Conditional Certification by Malik Aleem. (Attachments: #1 Memorandum in Support, #2 Affidavit of M. Aleem, #3 Affidavit of Opt-In Plaintiffs, #4 Exhibit Secretary of State Records, #5 Proposed Pleading; Notice to Members of the Collective)(Stiegler, Charles) Modified on 5/14/2019 to edit the text (KAH). |
| Filing 7 NOTICE of Consents to Join Action by Malik Aleem (Attachments: #1 Consent form of D. Veuleman, #2 Consent Form of R. Fremin, #3 Consent Form of S. Cheatham)(Stiegler, Charles) |
| Filing 6 NOTICE of Filing Consents to Join Action by Malik Aleem (Attachments: #1 Consent form of Avia Chouest, #2 Consent Form of Dwayne Dunn, #3 Consent Form of Joey Primeaux, #4 Consent form of Marlon Woods, #5 Consent Form of Roderic Brown, #6 Consent Form of Russell Johnson)(Stiegler, Charles) (Attachment 3 replaced on 5/9/2019 to correct page orientation) (SWE). |
| Filing 5 NOTICE of Filing Consents to Join Action by Malik Aleem (Attachments: #1 Consent Form of Ivan McKinney, #2 Consent Form of Cody Alaniz, #3 Consent Form of Calvin Green, #4 Consent Form of Candice Adams, #5 Consent Form of Emmanuel Mauldin, #6 Consent Form of George Orstendorf, #7 Consent Form of Ivery Handy, #8 Consent form of James Sykes, #9 Consent Form of Krystle Jackson, #10 Consent Form of Ronald Franklin, #11 Consent Form of Wesley Guillard, #12 Consent Form of Ernie Martin)(Stiegler, Charles) |
| Filing 4 SUMMONS Returned Executed by Malik Aleem. All Defendants. (Stiegler, Charles) |
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Filing 3
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 7/11/2019 at 10:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 6/27/2019. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/6/2019. (SGO)
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| Filing 2 Summons Issued as to Cenikor Foundation. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SWE) |
| Filing 1 COMPLAINT against Cenikor Foundation ( Filing fee $ 400 receipt number ALAMDC-1935625.), filed by Malik Aleem. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Consent to Join by M. Aleem)(Stiegler, Charles) |
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