Barnette et al v. Express Courier International Inc et al
| Walter Moran, Charles Sayles, Sam Shope, Kasi Ross, Janna Marting, Mario Moreno, Logan Lange, Billy Roy, Robert Davis, Robert Reid, David Barr, Kendall Craig, Chris McGrew, Aaron McRoberts, Connie Stark, Timothy George, Matt Fosse, Jennie Hampton-Duncan, Norris Russell, Phillip Watkins, Broderick Ghant, Carl Hyde, Mable Bracamonte, Ebony Knox, Toby Holliday, Martin Barnette, Anthony Moorman, Seth Williamson, Stephanie Martin, Tax Director John Cox, Dana Cash, Lloyd Barrett and James Weaver |
| Express Courier International, Inc. and EMP LSO Holding Corporation |
| 4:2020cv00210 |
| January 21, 2020 |
| U.S. District Court for the Southern District of Texas |
| Alfred H Bennett |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 55 Case transferred in from Arkansas Eastern. Case Number 4:18-cv-00004; certified copy of transfer order, certified docket sheet, and transfer letter received |
Filing 54
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #53 Motion to Transfer Case to the United States District Court for the Southern District of Texas, Houston Division. Signed by Judge James M. Moody Jr. on 1/21/2020. (sjh)
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| Filing 53 Joint MOTION to Transfer Case to United States District Court for the Southern District of Texas, Houston Division, to Finalize Settlement by Lloyd Barrett (Sanford, Joshua) |
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Filing 52
ORDER directing the parties to file a Status Report with the Court on or before 1/22/2020. Signed by Judge James M. Moody Jr. on 1/15/2020. (ljb)
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Filing 51
ORDER cancelling the jury trial scheduled for 8/19/2019 and removing this case from the trial docket. Signed by Judge James M. Moody Jr. on 8/5/2019. (ljb)
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| Filing 50 STATUS REPORT (JOINT) re: Settlement and Request to Hold Deadlines in Abeyance by Lloyd Barrett, Mable Bracamonte, Dana Cash, Kendall Craig, Robert Davis, Matt Fosse, Timothy George, Broderick Ghant, Jennie Hampton-Duncan, Toby Holliday, Carl Hyde, Ebony Knox, Logan Lange, Stephanie Martin, Janna Marting, Chris McGrew, Aaron McRoberts, Anthony Moorman, Walter Moran, Mario Moreno, Robert Reid, Kasi Ross, Billy Roy, Norris Russell, Sam Shope, Connie Stark, James Weaver, Seth Williamson. (Sanford, Joshua) |
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Filing 49
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #48 Motion to Stay until March 1, 2019, which includes a stay of any deadlines. On or before March 14, 2019, the parties are directed to either submit a notice informing the Court that the matter has been resolved or, if the matter is not resolved through mediation, submit a joint proposal for a discovery schedule. Signed by Judge James M. Moody Jr. on 1/3/2019. (sjh)
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| Filing 48 Joint MOTION to Stay Litigation to Permit the Parties to Participate in Mediation by Lloyd Barrett, Mable Bracamonte, Dana Cash, Kendall Craig, Robert Davis, Matt Fosse, Timothy George, Broderick Ghant, Jennie Hampton-Duncan, Toby Holliday, Carl Hyde, Ebony Knox, Logan Lange, Stephanie Martin, Janna Marting, Chris McGrew, Aaron McRoberts, Anthony Moorman, Walter Moran, Mario Moreno, Robert Reid, Kasi Ross, Billy Roy, Norris Russell, Sam Shope, Connie Stark, James Weaver, Seth Williamson (Sanford, Joshua) |
| Filing 47 Defendant's ANSWER to #40 Amended Complaint,, by Express Courier International Inc.(Quillen, Emily) |
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Filing 46
ORDER denying #41 Motion to Dismiss; and finding as moot #44 Motion for Leave to File Third Amended Complaint. Signed by Judge James M. Moody Jr. on 10/31/2018. (ljb)
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| Filing 45 REPLY to Response to Motion re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EMP LSO Holding Corporation, Express Courier International Inc. (Attachments: #1 Exhibit A - Bascomb v. Express Courier International, Inc. Order, #2 Exhibit B - Marshall v. Express Courier International, Inc. Order)(Quillen, Emily) |
| Filing 44 MOTION for Leave to File Third Amended and Substituted Complaint (Conditional) by Lloyd Barrett, Mable Bracamonte, Dana Cash, Kendall Craig, Robert Davis, Matt Fosse, Timothy George, Broderick Ghant, Jennie Hampton-Duncan, Toby Holliday, Carl Hyde, Ebony Knox, Logan Lange, Stephanie Martin, Janna Marting, Chris McGrew, Aaron McRoberts, Anthony Moorman, Walter Moran, Mario Moreno, Robert Reid, Kasi Ross, Billy Roy, Norris Russell, Sam Shope, Connie Stark, James Weaver, Seth Williamson (Sanford, Joshua) |
| Filing 43 RESPONSE in Opposition re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lloyd Barrett, Mable Bracamonte, Dana Cash, Kendall Craig, Robert Davis, Matt Fosse, Timothy George, Broderick Ghant, Jennie Hampton-Duncan, Toby Holliday, Carl Hyde, Ebony Knox, Logan Lange, Stephanie Martin, Janna Marting, Chris McGrew, Aaron McRoberts, Anthony Moorman, Walter Moran, Mario Moreno, Robert Reid, Kasi Ross, Billy Roy, Norris Russell, Sam Shope, Connie Stark, James Weaver, Seth Williamson. (Sanford, Joshua) |
| NOTICE OF DOCKET CORRECTION re #41 MOTION TO DISMISS. CORRECTION: The docket text was modified to establish linkage to #40 Amended Complaint. (jak) |
| Filing 42 BRIEF IN SUPPORT re #41 Motion to Dismiss for Failure to State a Claim filed by Express Courier International Inc. (Quillen, Emily) |
| Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #40 Amended Complaint by Express Courier International Inc (Quillen, Emily) (Docket text modified on 10/10/2018 to establish linkage) (jak) |
| Filing 40 AMENDED COMPLAINT (SECOND AMENDED AND SUBSTITUTED) with Jury Demand against Express Courier International Inc, filed by Seth Williamson, Lloyd Barrett, Norris Russell, Logan Lange, Matt Fosse, Timothy George, Carl Hyde, Aaron McRoberts, Billy Roy, Walter Moran, Mable Bracamonte, Broderick Ghant, Chris McGrew, Sam Shope, Robert Davis, James Weaver, Dana Cash, Robert Reid, Janna Marting, Ebony Knox, Stephanie Martin, Connie Stark, Jennie Hampton-Duncan, Anthony Moorman, Toby Holliday, Kasi Ross, Kendall Craig, Mario Moreno(Sanford, Joshua) |
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Filing 39
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #38 Plaintiff's unopposed Motion for Extension of Time to File Second Amended Complaint until September 24, 2018. Signed by Judge James M. Moody Jr. on 9/14/2018. (sjh)
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| Filing 38 Unopposed MOTION for Extension of Time to File Second Amended and Substituted Complaint by All Plaintiffs (Sanford, Joshua) |
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Filing 37
ORDER denying #18 Defendant's Motion to Dismiss and granting #29 Plaintiff's Motion for Leave to File Second Amended Complaint. The Second Amended Complaint must be filed on or before 9/17/2018. Signed by Judge James M. Moody Jr. on 9/10/2018. (cel)
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| Filing 36 NOTICE of Change of Address by EMP LSO Holding Corporation, Express Courier International Inc (Quillen, Emily) |
| Filing 35 NOTICE by All Defendants of Supplemental Authority Supporting Defendants' Motion to Dismiss (Attachments: #1 Exhibit A - Order re: Ryte v. Express Courier International)(Butcher, Andrew) |
| Filing 34 NOTICE OF DOCKET CORRECTION re #33 Final Scheduling Order. CORRECTION: The original document was not attached to docket entry #33 due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #33 and is attached hereto for service on the parties. (jak) |
| Filing 33 FINAL SCHEDULING ORDER: Jury Trial set sometime during the week of 8/19/2019 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 5/10/2019; Motions due by 6/5/2019; Pretrial Disclosure Sheet due by 7/19/2019; Status Report due by 6/20/2019. Signed at the Direction of the Court on 8/1/2018. (kog) (jak). |
| Filing 32 NOTICE by All Plaintiffs re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Authority (Attachments: #1 Exhibit 1: Order, Allen v. Express Courier Int'l., Inc., No. 3:18-cv-28-MOC-DSC (W.D. N.C. July 25, 2018), ECF No. 25)(Sanford, Joshua) |
| Filing 31 RESPONSE in Opposition re #29 MOTION for Leave to File Second Amended and Substituted Complaint (CONDITIONAL) filed by EMP LSO Holding Corporation, Express Courier International Inc. (Quillen, Emily) |
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Filing 30
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot #23 Plaintiffs' Motion for Leave to File amended complaint based upon Plaintiffs' new Motion for Leave to File amended complaint #29 . Signed by Judge James M. Moody Jr. on 7/2/2018. (sjh)
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| Filing 29 MOTION for Leave to File Second Amended and Substituted Complaint (CONDITIONAL) by All Plaintiffs (Sanford, Joshua) |
| Filing 28 REPORT of Rule 26(f) Planning Meeting by Martin Barnette, David Barr, Lloyd Barrett, Mable Bracamonte, Dana Cash, John Cox, Kendall Craig, Robert Davis, Matt Fosse, Timothy George, Broderick Ghant, Jennie Hampton-Duncan, Toby Holliday, Carl Hyde, Ebony Knox, Logan Lange, Stephanie Martin, Janna Marting, Chris McGrew, Aaron McRoberts, Anthony Moorman, Walter Moran, Mario Moreno, Robert Reid, Kasi Ross, Billy Roy, Norris Russell, Charles Sayles, Sam Shope, Connie Stark, Phillip Watkins, James Weaver, Seth Williamson. (JOINT) (Sanford, Joshua) |
| Filing 27 NOTICE by All Plaintiffs re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM --SUPPLEMENTAL AUTHORITY-- (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)(Sanford, Joshua) |
| Filing 26 REPLY to Response to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EMP LSO Holding Corporation, Express Courier International Inc. (Kobbeman, Kerrilee) |
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Filing 25
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #24 Motion for Leave to File a Reply on or before June 22, 2018. Signed by Judge James M. Moody Jr. on 6/19/2018. (sjh)
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| Filing 24 MOTION for Leave to File a Reply Memorandum in Support of Motion to Dismiss by EMP LSO Holding Corporation, Express Courier International Inc (Attachments: #1 Exhibit A - Defendants' Reply in Support of Motion to Dismiss for Failure to State a Claim)(Kobbeman, Kerrilee) |
| Filing 23 MOTION for Leave to File Second Amended and Substituted Complaint (CONDITIONAL) by All Plaintiffs (Sanford, Joshua) |
| Filing 22 RESPONSE in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Sanford, Joshua) |
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Filing 21
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #20 Motion for Extension of Time to File Response re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 6/12/2018. Signed by Judge James M. Moody Jr. on 5/29/2018. (sjh)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Plaintiffs (Sanford, Joshua) |
| Filing 19 BRIEF IN SUPPORT re #18 Motion to Dismiss for Failure to State a Claim filed by EMP LSO Holding Corporation, Express Courier International Inc. (Attachments: #1 Exhibit A - ECI's OOA)(Kobbeman, Kerrilee) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EMP LSO Holding Corporation, Express Courier International Inc (Kobbeman, Kerrilee) |
| Filing 17 Corporate Disclosure Statement (Rule 7.1) by EMP LSO Holding Corporation (Kobbeman, Kerrilee) |
| Filing 16 Corporate Disclosure Statement (Rule 7.1) by Express Courier International Inc (Kobbeman, Kerrilee) |
| Filing 15 NOTICE of Appearance by Adam C. Smedstad on behalf of All Defendants (Smedstad, Adam) |
| Filing 14 NOTICE of Appearance by Charles Andrewscavage on behalf of All Defendants (Andrewscavage, Charles) |
| Filing 13 INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 6/8/2018; Rule 26(f) Report due by 6/22/2018. Proposed Jury Trial set sometime during the week of 8/19/2019 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Signed at the Direction of the Court on 5/1/2018. (Attachments: #1 Proposed Final Scheduling Order)(kog) |
| Filing 12 NOTICE of Appearance by Andrew J. Butcher on behalf of EMP LSO Holding Corporation, Express Courier International Inc (Butcher, Andrew) |
| Filing 11 NOTICE of Appearance by Emily A. Quillen on behalf of EMP LSO Holding Corporation, Express Courier International Inc (Quillen, Emily) |
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Filing 10
ORDER granting #6 , #7 , #8 , #9 motions to admit counsel pro hac vice on behalf of Defendants. Adam C. Smedstad, Andrew J. Butcher, Charles Andrewscavage, and Emily A. Quillen are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 4/23/2018. (cmn)
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| Filing 9 MOTION for Leave to Appear pro hac vice by Emily A. Quillen. Fee $100 receipt number 0860-3235748. Filed by EMP LSO Holding Corporation, Express Courier International Inc (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Courts list)(Kobbeman, Kerrilee) |
| Filing 8 MOTION for Leave to Appear pro hac vice by Charles Andrewscavage. Fee $100 receipt number 0860-3235737. Filed by EMP LSO Holding Corporation, Express Courier International Inc (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Courts list)(Kobbeman, Kerrilee) |
| Filing 7 MOTION for Leave to Appear pro hac vice by Andrew J. Butcher. Fee $100 receipt number 0860-3235729. Filed by EMP LSO Holding Corporation, Express Courier International Inc (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Courts list)(Kobbeman, Kerrilee) |
| Filing 6 MOTION for Leave to Appear pro hac vice by Adam C. Smedstad. Fee $100 receipt number 0860-3235714. Filed by EMP LSO Holding Corporation, Express Courier International Inc (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Courts list)(Kobbeman, Kerrilee) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to All Defendants by Seth Williamson, Lloyd Barrett, Martin Barnette, Norris Russell, John Cox, Logan Lange, Phillip Watkins, Matt Fosse, Timothy George, Charles Sayles, Carl Hyde, Aaron McRoberts, Billy Roy, Walter Moran, Mable Bracamonte, Broderick Ghant, Chris McGrew, Sam Shope, Robert Davis, James Weaver, Dana Cash, Robert Reid, Janna Marting, Ebony Knox, Stephanie Martin, Connie Stark, David Barr, Jennie Hampton-Duncan, Anthony Moorman, Toby Holliday, Kasi Ross, Kendall Craig, Mario Moreno. (Sanford, Joshua) |
| Filing 4 NOTICE of Appearance by Kerrilee Elizabeth Kobbeman on behalf of EMP LSO Holding Corporation, Express Courier International Inc (Kobbeman, Kerrilee) |
| Filing 3 FIRST AMENDED and Substituted Complaint with Jury Demand against EMP LSO Holding Corporation, Express Courier International Inc, filed by Seth Williamson, Lloyd Barrett, Martin Barnette, Norris Russell, John Cox, Logan Lange, Phillip Watkins, Matt Fosse, Timothy George, Charles Sayles, Carl Hyde, Billy Roy, Walter Moran, Mable Bracamonte, Broderick Ghant, Chris McGrew, Sam Shope, Robert Davis, James Weaver, Dana Cash, Robert Reid, Janna Marting, Ebony Knox, Stephanie Martin, Connie Stark, David Barr, Jennie Hampton-Duncan, Anthony Moorman, Toby Holliday, Kasi Ross, Kendall Craig, Mario Moreno, and newly added plaintiff Aaron McRoberts (jap) |
| Filing 2 NOTICE OF DOCKET CORRECTION re #1 Complaint. CORRECTION: The docket text was modified to include the party filers James Weaver and Seth Williamson as marked on the document. (jak) |
| Filing 1 COMPLAINT with Jury Demand against All Defendants ( Fee of $400 paid. Receipt Number LIT065126.), filed by Lloyd Barrett, Martin Barnette, Norris Russell, John Cox, Logan Lange, Phillip Watkins, Matt Fosse, Timothy George, Charles Sayles, Carl Hyde, Billy Roy, Walter Moran, Mable Bracamonte, Broderick Ghant, Chris McGrew, Sam Shope, Robert Davis, Dana Cash, Robert Reid, Janna Marting, Ebony Knox, Stephanie Martin, Connie Stark, David Barr, Jennie Hampton-Duncan, Anthony Moorman, Toby Holliday, Kasi Ross, Kendall Craig, Mario Moreno, James Weaver, and Seth Williamson. Summons issued and returned to counsel. (Attachments: #1 Civil Cover Sheet)(mcz) (Docket entry modified on 1/3/2018 to correct the party filers) (jak) |
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