Allen et al v. Express Courier International, Inc. et al
Case Number: 4:2020cv00198
Filed: January 17, 2020
Court: US District Court for the Southern District of Texas
Office: Houston Office
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards
Docket Report

This docket was last retrieved on January 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2020 Filing 41 Case transferred in from North Carolina Western. Case Number 3:18-cv-00028; certified copy of transfer order, certified docket sheet, and transfer letter received
January 17, 2020 Opinion or Order Filing 40 ORDER granting #39 Joint Motion to Transfer Venue to Finalize Settlement. Signed by Magistrate Judge David S. Cayer on 1/17/2020. (mek)
January 16, 2020 Filing 39 Joint MOTION to Change Venue to Finalize Settlement by Norris Allen. Responses due by 1/30/2020 (Attachments: #1 Proposed Order Granting Motion to Transfer)(West, Joshua). Motions referred to David S. Cayer.
October 4, 2019 Opinion or Order Filing 38 ORDER granting #37 Motion to Continue Docket Call/Trial. In accordance with a previous order entered by the Court #35 , all deadlines in this matter are hereby held in abeyance pending settlement by the parties. Signed by District Judge Max O. Cogburn, Jr on 10/4/2019. (ams)
September 23, 2019 Filing 37 Joint MOTION to Continue Docket Call/Trial and Joint Status Report by Norris Allen. Responses due by 10/7/2019 (West, Joshua)
August 12, 2019 Filing 36 STIPULATION of Dismissal without Prejudice of Separate Plaintiff Jerry Dixon by Jerry Dixon (West, Joshua)
May 31, 2019 Opinion or Order Filing 35 ORDER re #34 Status Report. All deadlines in this matter are hereby held inabeyance pending settlement by the parties. Signed by District Judge Max O. Cogburn, Jr on 5/31/2019. (ams)
March 14, 2019 Filing 34 STATUS REPORT (JOINT) re: Settlement and Request to Hold Deadlines in Abeyance by Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller, Ron Rollins, Janice Suggs (West, Joshua)
December 19, 2018 Opinion or Order Filing 33 ORDER granting #32 Motion to stay litigation to permit the parties to participate in mediation. Action is stayed until 3/1/2019. Signed by Magistrate Judge David S. Cayer on 12/19/18. (tob)
December 18, 2018 Filing 32 Joint MOTION to Stay by EMP LSO Holding Corporation, Express Courier International, Inc.. Responses due by 1/2/2019 plus an additional 3 days if served by mail (Quillen, Emily). Motions referred to David S. Cayer.
September 10, 2018 Opinion or Order Filing 31 Pretrial Order and Case Management Plan : Estimated Trial Time: 3-4 days. Discovery due by 6/14/2019. Motions due by 7/15/2019. Mediation deadline set for 6/28/2019. Ready Date for Trial set for 10/21/2019 09:31 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr.. Signed by Magistrate Judge David S. Cayer on 9/10/18. (tob)
September 10, 2018 Filing 30 CERTIFICATION of initial attorney conference and discovery plan (Kelly, Christopher)
September 4, 2018 Opinion or Order Filing 29 ORDER granting #28 Motion for Leave to Appear Pro Hac Vice added Josh Sanford for Norris Allen,Jerry Dixon,Eric Holmberg,Rodney Miller, Ron Rollins. Signed by Magistrate Judge David S. Cayer on 09/04/2018. (brl)
September 4, 2018 Filing 28 MOTION for Leave to Appear Pro Hac Vice as to Josh Sanford Filing fee $ 281, receipt number 0419-3797484. by Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller, Ron Rollins. (Attachments: #1 Exhibit Exhibit A to Pro Hac Vice Motion, #2 Exhibit Exhibit B to Pro Hac Vice Application, #3 Exhibit Exhibit B to Pro Hac Vice Application)(Copeley, Leto). Motions referred to David S. Cayer. Modified filers on 9/4/2018 (brl).
September 4, 2018 Notice to Josh Sanford: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/11/2018. (brl)
August 20, 2018 NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 9/10/2018. (brl)
August 17, 2018 Filing 27 ANSWER to #4 Amended Complaint by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Certificate of Service)(Kelly, Christopher)
August 1, 2018 Filing 26 MDL ORDER denying transfer as to MDL No. 2854 In Re: Express Courier International Inc Fair Labor Standards Act (FLSA) and Wage and Hour Litigation. Signed by Sarah S. Vance, Chair, Panel on Multidistrict Litigation (tmg)
July 25, 2018 Opinion or Order Filing 25 ORDER denying as moot #23 Motion for Leave to File Second Amended and Substituted Complaint; denying #15 Motion to Dismiss ; denying #15 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Max O. Cogburn, Jr on 7/25/2018. (chh)
July 23, 2018 Filing 24 MEMORANDUM in Support re #23 MOTION for Leave to File Second Amended and Substituted Complaint (CONDITIONAL) by Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller, Ron Rollins, Janice Suggs. (West, Joshua)
July 23, 2018 Filing 23 MOTION for Leave to File Second Amended and Substituted Complaint (CONDITIONAL) by Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller, Ron Rollins, Janice Suggs. Responses due by 8/6/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order Granting Conditional Motion for Leave to File Second Amended and Substituted Complaint)(West, Joshua). Modified on 7/23/2018 to remove referral(chh).
July 23, 2018 Filing 22 REPLY to Response to Motion re #15 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim by EMP LSO Holding Corporation, Express Courier International, Inc.. (Kelly, Christopher)
July 16, 2018 Filing 21 RESPONSE in Opposition re #15 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim by Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller, Ron Rollins, Janice Suggs. Replies due by 7/23/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit 1: Op. and Order, Arroyo v. Express Courier Intl., Inc., No. 4:18-cv-10 (S.D. Tex. June 18, 2018), ECF No. 24)(West, Joshua)
June 19, 2018 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to File Response/Reply re #15 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim Responses due by 7/18/2018 plus an additional 3 days if served by mail. Signed by Magistrate Judge David S. Cayer on 6/19/18. (tob)
June 18, 2018 Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply re: #15 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim by Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller, Ron Rollins, Janice Suggs. Responses due by 7/2/2018 plus an additional 3 days if served by mail (West, Joshua). Motions referred to David S. Cayer.
June 18, 2018 Filing 18 NOTICE of Appearance by Caroline Bergen Barrineau on behalf of All Defendants (Barrineau, Caroline)
June 13, 2018 Filing 17 Corporate Disclosure Statement by EMP LSO Holding Corporation (Attachments: #1 Certificat of Service)(Kelly, Christopher)
June 13, 2018 Filing 16 Corporate Disclosure Statement by Express Courier International, Inc. (Attachments: #1 Certificat of Service)(Kelly, Christopher)
June 13, 2018 Filing 15 MOTION to Dismiss , MOTION to Dismiss for Failure to State a Claim by EMP LSO Holding Corporation, Express Courier International, Inc.. Responses due by 6/27/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum In Support, #2 Exhibit A, #3 Certificate of Service)(Kelly, Christopher)
June 5, 2018 Filing 14 Transfer Motion filed before the Judicial Panel MDL, Re: MDL Number 18-54, MDL Title: In re Express Courier International, Inc., Fair Labor Standards Act Wage and Hour Litigation to transfer for coordinated or consolidated pretrial proceedings. by Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller, Ron Rollins, Janice Suggs. (Attachments: #1 Brief in Support, #2 Schedule of Actions, #3 Amended and Substitued Proof of Service, #4 Exhibits 1-4, #5 Exhibits 5-8, #6 Exhibits 9-11, #7 Exhibits 12-13, #8 Envelope)(brl)
April 19, 2018 Opinion or Order Filing 13 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice added Joshua Lee West for Norris Allen, Jerry Dixon, Eric Holmberg, Rodney Miller and Ron Rollins; granting #8 Motion for Leave to Appear Pro Hac Vice added Emily A. Quillen for EMP LSO Holding Corporation and Express Courier International, Inc. ; granting #9 Motion for Leave to Appear Pro Hac Vice added Andrew J. Butcher for EMP LSO Holding Corporation and Express Courier International, Inc.; granting #10 Motion for Leave to Appear Pro Hac Vice added Adam Carl Smedstad for EMP LSO Holding Corporation and Express Courier International, Inc. ; granting #11 Motion for Leave to Appear Pro Hac Vice added Charles Andrewscavage for EMP LSO Holding Corporation and Express Courier International, Inc.. Signed by Magistrate Judge David S. Cayer on 4/18/18. (tob)
April 19, 2018 Notice to Charles Andrewscavage: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 4/26/2018. (tob)
April 19, 2018 Notice to Andrew J. Butcher: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 4/26/2018. (tob)
April 19, 2018 Notice to Joshua Lee West: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 4/26/2018. (tob)
April 19, 2018 Notice to Emily A. Quillen: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 4/26/2018. (tob)
April 18, 2018 Filing 12 CERTIFICATE OF SERVICE by Norris Allen re #7 MOTION for Leave to Appear Pro Hac Vice as to Joshua Lee West Filing fee $ 281, receipt number 0419-3663535. (Copeley, Leto)
April 18, 2018 Filing 11 MOTION for Leave to Appear Pro Hac Vice as to Charles Andrewscavage Filing fee $ 281, receipt number 0419-3663779. by EMP LSO Holding Corporation, Express Courier International, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Service)(mga). Motions referred to David S. Cayer.
April 18, 2018 Filing 10 MOTION for Leave to Appear Pro Hac Vice as to Adam C. Smedstad Filing fee $ 281, receipt number 0419-3663829. by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Kelly, Christopher). Motions referred to David S. Cayer.
April 18, 2018 Filing 9 MOTION for Leave to Appear Pro Hac Vice as to Andrew J. Butcher Filing fee $ 281, receipt number 0419-3663827. by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Kelly, Christopher). Motions referred to David S. Cayer.
April 18, 2018 Filing 8 MOTION for Leave to Appear Pro Hac Vice as to Emily A. Quillen Filing fee $ 281, receipt number 0419-3663818. by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Kelly, Christopher). Motions referred to David S. Cayer.
April 18, 2018 Filing 7 MOTION for Leave to Appear Pro Hac Vice as to Joshua Lee West Filing fee $ 281, receipt number 0419-3663535. by Norris Allen. (Attachments: #1 Affidavit)(Copeley, Leto). Motions referred to David S. Cayer.
April 16, 2018 Filing 6 WAIVER OF SERVICE Returned Executed by Norris Allen. EMP LSO Holding Corporation waiver sent on 4/16/2018, answer due 6/15/2018. (Copeley, Leto)
April 16, 2018 Filing 5 WAIVER OF SERVICE Returned Executed by Norris Allen. Express Courier International, Inc. waiver sent on 4/16/2018, answer due 6/15/2018. (Copeley, Leto)
April 12, 2018 Filing 4 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Norris Allen.(Copeley, Leto)
February 15, 2018 Filing 3 NOTICE of Appearance by Christopher M. Kelly on behalf of All Defendants (Attachments: #1 Certificat of Service)(Kelly, Christopher)
January 18, 2018 Filing 2 Summons Issued Electronically as to EMP LSO Holding Corporation, Express Courier International, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons - EMP LSO)(brl)
January 18, 2018 Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-3567175), filed by Norris Allen, Jerry Dixon.(Copeley, Leto)
January 18, 2018 Case assigned to District Judge Max O. Cogburn, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(brl)

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