Ryte et al v. Express Courier International, Inc. et al
| Carmela Hawkins, Terry Cagle, Dimitry Perchik, Amanda Ryte, Theresa Hemphill, William Wheeler, Robert Whiting, Anthony Helms, Jeffrey Uhlrich, Hsiu Chi Liu, L.V. Meadows, Chris Averette, Jonathan LeCroy, Dana Smith, Tonia Arpke, Sean Scott, Channel Upshaw, Johnny Ward, Darwin Roberson, Kim Holman and Jacob Stanifer |
| Express Courier International, Inc. and EMP LSO Holding Corporation |
| 4:2020cv00238 |
| January 22, 2020 |
| US District Court for the Southern District of Texas |
| Vanessa D Gilmore |
| Labor: Fair Standards |
| 29 U.S.C. § 0216 b |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 53 NOTICE Joint Notice of Related Cases and Request for Coordination for Settlement Approval and Dismissal by Amanda Ryte, filed. (Sanford, Joshua) |
| Filing 52 NOTICE of Appearance by Josh Sanford on behalf of Tonia Arpke, Chris Averette, Terry Cagle, Carmela Hawkins, Anthony Helms, Theresa Hemphill, Kim Holman, Jonathan LeCroy, Hsiu Chi Liu, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Sean Scott, Dana Smith, Jacob Stanifer, Jeffrey Uhlrich, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting, filed. (Sanford, Joshua) |
Filing 51
Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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| Filing 50 Amended CERTIFICATE OF INTERESTED PARTIES by EMP LSO Holding Corporation, Express Courier International, Inc., filed.(Quillen, Emily) |
| Filing 49 First CERTIFICATE OF INTERESTED PARTIES by EMP LSO Holding Corporation, Express Courier International, Inc., filed.(Quillen, Emily) |
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Filing 48
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/15/2020 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore(Signed by Judge Vanessa D Gilmore) Parties notified.(mmapps, 4)
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| Filing 47 Case transferred in from Georgia Northern. Case Number 1:18-cv-00186; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 46
ORDER granting #45 Parties' Joint Motion to Transfer Case. The clerk is directed to transfer this case to the Southern District of Texas, Houston Division. Signed by Judge Leigh Martin May on 1/21/2020. (tmf)
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| Filing 45 Joint MOTION to Transfer Case to Southern District of Texas, Houston Divisionto Finalize Settlement with Brief In Support by Amanda Ryte. (Attachments: #1 Text of Proposed Order Granting Motion to Transfer)(West, Joshua) |
| Submission of #44 Joint MOTION to Stay Extend Stay and Joint Status Report, to District Judge Leigh Martin May. (tmf) |
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MINUTE ORDER granting #44 Joint Motion to Stay. The Court will extend the stay for 90 days. The parties are ORDERED to provide the Court a status report if the case is not concluded within this 90-day stay. The Clerk is instructed to resubmit this to the undersigned in 90 days. Approved by Judge Leigh Martin May on 12/10/2019. (rvb)
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| Submission of 43 Order on Motion to Stay,, to District Judge Leigh Martin May. (tmf) |
| Filing 44 Joint MOTION to Stay Extend Stay and Joint Status Report by Amanda Ryte. (West, Joshua) |
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Filing 43
ORDER granting #42 Motion to Stay. The case is stayed for 90 days. The parties are ORDERED to provide the Court a status report if the case is not concluded within this 90-day stay. The Clerk is instructed to resubmit this to the undersigned in 90 days. Entered by Judge Leigh Martin May on 08/26/2019. (LMM)
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| Filing 42 Joint MOTION to Stay and Status Report on Settlement by Amanda Ryte. (West, Joshua) |
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MINUTE ORDER granting the parties' Joint Motion to Extend Stay #41 . The Court will extend the stay through and including August 19, 2019. If the parties request additional time after the expiration of ninety ( 90) days, they must file a new motion providing a status update to the Court before the expiration of this ninety( 90) day period. Approved by Judge Leigh Martin May on 06/18/2019. (rvb)
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| Filing 41 Joint MOTION to Stay to Extend Stay and Joint Status Report by Tonia Arpke, Chris Averette, Terry Cagle, Carmela Hawkins, Anthony Helms, Theresa Hemphill, Kim Holman, Jonathan LeCroy, Hsiu Chi Liu, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Sean Scott, Dana Smith, Jacob Stanifer, Jeffrey Uhlrich, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting. (West, Joshua) |
| Filing 40 CERTIFICATE of Counsel re #39 Notice of Substitution of Counsel by C. Andrew Head on behalf of Chris Averette, Terry Cagle, Carmela Hawkins, Jonathan LeCroy, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting (Head, C.) |
| Filing 39 Certification of Consent to Substitution of Counsel. Brandon Alexander Thomas replacing attorney C. Andrew Head and Donna L. Johnson. (Thomas, Brandon) |
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Filing 38
ORDER GRANTING #37 Motion to Stay. The deadlines are stayed for ninety (90) days, through and including June 17, 2019. The Court will ADMINISTRATIVELY CLOSE the case during the period of the stay. The case shall be reopened at any parties' request. Signed by Judge Leigh Martin May on 3/18/2019. (btql)
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| Civil Case Terminated. (btql) |
| Filing 37 Joint MOTION to Stay by Chris Averette, Terry Cagle, Carmela Hawkins, Theresa Hemphill, Jonathan LeCroy, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting. (Attachments: #1 Text of Proposed Order Granting Motion)(West, Joshua) |
| Filing 36 STATUS REPORT (JOINT) re: Settlement and Request to Hold Deadlines in Abeyance by Chris Averette, Terry Cagle, Carmela Hawkins, Theresa Hemphill, Jonathan LeCroy, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting. (West, Joshua) |
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Filing 35
ORDER GRANTING #33 Motion to Stay. Accordingly, the Court ORDERS (1) that this action is stayed until March 1, 2019, which includes a stay of all deadlines and (2) that within fourteen (14) days of the date the stay is lifted, March 14, 2019, Plaintiffs and Defendants shall either submit a notice informing the Court that the matter has been resolved or, if the matter is not resolved through mediation, that Plaintiffs and Defendants submit a joint proposal for a discovery schedule to govern the litigation. Signed by Judge Leigh Martin May on 12/3/2018. (btql)
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| Filing 34 Request for Leave of Absence for the following date(s): February 28, 2019 though March 17, 2019, by Abby C. Grozine. (Grozine, Abby) Text modified on 12/4/2018 (btql). |
| Filing 33 Joint MOTION to Stay Litigation to Permit the Parties to Participate in Mediation by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Text of Proposed Order)(Quillen, Emily) |
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Filing 32
ORDER DENYING #28 Motion to Dismiss for Failure to State a Claim. Signed by Judge Leigh Martin May on 11/19/2018. (btql)
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| Filing 31 NOTICE by Chris Averette, Terry Cagle, Carmela Hawkins, Theresa Hemphill, Jonathan LeCroy, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Third Amended Complaint --SUPPLEMENTAL AUTHORITY-- (Attachments: #1 Exhibit 1: Barnette Order Denying Defendant's Second Motion to Dismiss, #2 Exhibit 2: Barnette Order Granting Defendant's First Motion to Dismiss)(West, Joshua) |
| Submission of #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Third Amended Complaint, to District Judge Leigh Martin May. (hfm) |
| Filing 30 RESPONSE in Support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Third Amended Complaint filed by Express Courier International, Inc.. (Root, David) |
| Filing 29 RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Third Amended Complaint filed by Chris Averette, Terry Cagle, Carmela Hawkins, Jonathan LeCroy, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting. (West, Joshua) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs' Third Amended Complaint with Brief In Support by Express Courier International, Inc.. (Attachments: #1 Brief Brief in Support of Motion to Dismiss Third Amended Complaint)(Root, David) |
| Filing 27 Third AMENDED COMPLAINT against Express Courier International, Inc.with Jury Demand filed by Robert Whiting, Chris Averette, Terry Cagle, Amanda Ryte, Dimitry Perchik, Carmela Hawkins, Jonathan LeCroy, William Wheeler, Johnny Ward, Channel Upshaw, Theresa Hemphill, Darwin Roberson, L.V. Meadows.(West, Joshua) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 26
ORDER granting #18 Motion to Dismiss for Failure to State a Claim. However, Plaintiffs' claims are dismissed without prejudice and the right to refile. The Court GRANTS Plaintiffs LEAVE TO FILE a Third Amended Complaint to allege which Plaintiffs suffered specific FLSA violations and to clarify that all allegations apply to both Defendants within twenty (20) days of this Order. Defendants may file a motion to dismiss these allegations in response within fourteen (14) days of Plaintiffs filing their Third Amended Complaint. Signed by Judge Leigh Martin May on 7/31/18. (hfm)
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| Filing 25 Minute Entry for proceedings held before Judge Leigh Martin May: Telephone Conference held on 7/30/2018 to discuss the issues contained within the parties' Joint Preliminary Report and Discovery Plan #22 . If Plaintiffs discover a plaintiff who has been joined in the wrong case, they shall first notify Defendants. If Defendants oppose adding the new party to the case, the parties shall notify the Court via an email to Ms. Bachelor. After Defendants produce all the records Plaintiffs are requesting regarding the damages calculations, Plaintiffs shall have 45 days to provide Defendants with their final numbers as to damages. Plaintiffs shall confer with Defendants regarding all the records they are requesting for the damages calculations. (Court Reporter Montrell Vann)(hfm) |
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Filing 24
SCHEDULING ORDER: re: #22 Joint Preliminary Report and Discovery Plan. 10 month discovery period; initial disclosures exchanged on 8/3/2018; Plaintiffs' proposal for initially responding to Rule 26(a)'s requirement is accepted, but the Court will schedule a telephone call to discuss production of the final numbers. Signed by Judge Leigh Martin May on 7/9/2018. (btql)
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| Filing 23 NOTICE of Change of Address for Emily A. Quillen, counsel for EMP LSO Holding Corporation, Express Courier International, Inc. (Quillen, Emily) |
| Filing 22 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Tonia Arpke, Chris Averette, Terry Cagle, Carmela Hawkins, Anthony Helms, Theresa Hemphill, Kim Holman, Jonathan LeCroy, Hsiu Chi Liu, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Sean Scott, Dana Smith, Jacob Stanifer, Jeffrey Uhlrich, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting. (West, Joshua) |
| Submission of #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Leigh Martin May. (hfm) |
| Filing 21 REPLY to Response to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief filed by Express Courier International, Inc.. (Root, David) |
| Filing 20 RESPONSE in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tonia Arpke, Chris Averette, Terry Cagle, Carmela Hawkins, Anthony Helms, Theresa Hemphill, Kim Holman, Jonathan LeCroy, Hsiu Chi Liu, L.V. Meadows, Dimitry Perchik, Darwin Roberson, Amanda Ryte, Sean Scott, Dana Smith, Jacob Stanifer, Jeffrey Uhlrich, Channel Upshaw, Johnny Ward, William Wheeler, Robert Whiting. (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) |
| Filing 19 Certificate of Interested Persons by EMP LSO Holding Corporation, Express Courier International, Inc.. (DiOrio, Michael) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Brief, #2 Exhibit)(Grozine, Abby) |
| Clerks Notation re #19 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Adam C. Smedstad Pro Hac Vice (Application fee $ 150, receipt number 113E-7822444). Attorney Adam C. Smedstad added appearing on behalf of EMP LSO Holding Corporation, Express Courier International, Inc. (pmb) |
| APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Charles Andrewscavage Pro Hac Vice (Application fee $ 150, receipt number 113E-7822430). Attorney Charles Andrewscavage added appearing on behalf of EMP LSO Holding Corporation, Express Courier International, Inc. (pmb) |
| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Andrew J. Butcher Pro Hac Vice (Application fee $ 150, receipt number 113E-7822454). Attorney Andrew J. Butcher added appearing on behalf of EMP LSO Holding Corporation, Express Courier International, Inc. (pmb) |
| APPROVAL by Clerks Office re: #17 APPLICATION for Admission of Emily A. Quillen Pro Hac Vice (Application fee $ 150, receipt number 113E-7822458). Attorney Emily A. Quillen added appearing on behalf of EMP LSO Holding Corporation, Express Courier International, Inc. (pmb) |
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ORAL ORDER granting #14 Application for Admission Pro Hac Vice as to Charles Andrewscavage; granting #15 Application for Admission Pro Hac Vice as to Adam C. Smedstad; granting #16 Application for Admission Pro Hac Vice as to Andrew J. Butcher ; granting #17 Application for Admission Pro Hac Vice as to Emily A. Quillen. Approved by Judge Leigh Martin May on 04/25/2018. (rvb)
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| Filing 17 APPLICATION for Admission of Emily A. Quillen Pro Hac Vice (Application fee $ 150, receipt number 113E-7822458)by EMP LSO Holding Corporation, Express Courier International, Inc.. (Root, David) |
| Filing 16 APPLICATION for Admission of Andrew J. Butcher Pro Hac Vice (Application fee $ 150, receipt number 113E-7822454)by EMP LSO Holding Corporation, Express Courier International, Inc.. (Root, David) |
| Filing 15 APPLICATION for Admission of Adam C. Smedstad Pro Hac Vice (Application fee $ 150, receipt number 113E-7822444)by EMP LSO Holding Corporation, Express Courier International, Inc.. (Root, David) |
| Filing 14 APPLICATION for Admission of Charles Andrewscavage Pro Hac Vice (Application fee $ 150, receipt number 113E-7822430)by EMP LSO Holding Corporation, Express Courier International, Inc.. (Root, David) |
| Filing 13 Second AMENDED COMPLAINT against EMP LSO Holding Corporation, Express Courier International, Inc.with Jury Demand filed by Robert Whiting, Terry Cagle, Amanda Ryte, Dimitry Perchik, Sean Scott, Jeffrey Uhlrich, Hsiu Chi Liu, Carmela Hawkins, Jonathan LeCroy, William Wheeler, Johnny Ward, Channel Upshaw, Jacob Stanifer, Theresa Hemphill, Dana Smith, Kim Holman, Tonia Arpke, L.V. Meadows, Anthony Helms, Darwin Roberson, Chris Averette.(btql) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 12
ORDER GRANTING #11 Motion for Leave to File Second Amended and Substituted Complaint. Signed by Judge Leigh Martin May on 4/12/2018. (btql)
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| Filing 11 Unopposed MOTION for Leave to File Second Amended and Substituted Complaint by Amanda Ryte. (Attachments: #1 Exhibit Second Amended and Substituted Complaint, #2 Text of Proposed Order)(Johnson, Donna) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Amanda Ryte. EMP LSO Holding Corporation waiver mailed on 4/6/2018, answer due 6/5/2018. (Johnson, Donna) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Amanda Ryte. Express Courier International, Inc. waiver mailed on 4/6/2018, answer due 6/5/2018. (Johnson, Donna) |
| Filing 8 NOTICE of Appearance by Abby C. Grozine on behalf of EMP LSO Holding Corporation, Express Courier International, Inc. (Grozine, Abby) |
| Filing 7 NOTICE of Appearance by David Frank Root on behalf of EMP LSO Holding Corporation, Express Courier International, Inc. (Root, David) |
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ORAL ORDER granting #6 Application for Admission Pro Hac Vice as to Joshua Lee West. Approved by Judge Leigh Martin May on 02/14/2018. (rvb)
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| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Joshua Lee West Pro Hac Vice (Application fee $ 150, receipt number 113E-7670202). Attorney Donna L. Johnson added appearing on behalf of Amanda Ryte (jkm) |
| Filing 6 APPLICATION for Admission of Joshua Lee West Pro Hac Vice (Application fee $ 150, receipt number 113E-7670202)by Amanda Ryte. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Johnson, Donna) |
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Filing 5
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 1/22/18. (hfm)
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| Filing 4 NOTICE REGARDING FLSA CASES. Signed by Judge Leigh Martin May on 1/22/18. (hfm) |
| Filing 3 First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Amanda Ryte.(Johnson, Donna) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 2 Electronic Summons Issued as to EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Summons Express Courier International Inc)(bnw) |
| Filing 1 COMPLAINT with Jury Demand, filed by Amanda Ryte. ( Filing fee $ 400 receipt number 113E-7619505.) (Attachments: #1 Civil Cover Sheet)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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