Barber et al v. Express Courier International, Inc. et al
Frank Barber, Cassandra Jackson and Garland Edmonds |
EMP LSO Holding Corporation and Express Courier International, Inc. |
4:2020cv00271 |
January 23, 2020 |
US District Court for the Southern District of Texas |
David Hittner |
Labor: Fair Standards |
28 U.S.C. § 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on March 20, 2020. A more recent docket listing may be available from PACER.
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Filing 46 NOTICE Joint Notice of Related Cases and Request for Coordination for Settlement Approval and Dismissal by Frank Barber, filed. (Sanford, Joshua) |
Filing 45 NOTICE of Appearance by Josh Sanford on behalf of Frank Barber, Garland Edmonds, Cassandra Jackson, filed. (Sanford, Joshua) |
Filing 44 Mail Returned Undeliverable as to attorney Emily A Quillen as to All Defendants re: #42 Order for Initial Conference, filed. Document re-noticed at corrected address. (CindyMiranda, 5) |
Filing 43 CERTIFICATE OF INTERESTED PARTIES by EMP LSO Holding Corporation, Express Courier International, Inc., filed.(Quillen, Emily) |
Filing 42 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/1/2020 at 10:00 AM in Courtroom 703 before Magistrate Judge Peter Bray(Signed by Judge David Hittner) Parties notified.(mmapps, 4) |
Filing 41 Case transferred in from Missouri Eastern. Case Number 4:18-cv-00010; certified copy of transfer order, certified docket sheet, and transfer letter received |
Filing 40 ORDER: IT IS HEREBY ORDERED that the joint motion to transfer venue is GRANTED. (Doc. No. #39 ). IT IS FURTHER ORDERED that this action shall be transferred immediately to the United States District Court for the Southern District of Texas, Houston Division, for purposes of finalizing the settlement in the case. Signed by District Judge John A. Ross on 1/21/2020. (CLO) |
Filing 39 Joint MOTION to Transfer Case to Finalize Settlement to Southern District of Texas, Houston Division by Plaintiff Frank Barber. (Attachments: #1 Text of Proposed Order Granting Motion to Transfer)(West, Joshua) |
Filing 38 ORDER: IT IS HEREBY ORDERED that this matter shall remain STAYED, and all pending deadlines shall be held in abeyance. IT IS FURTHER ORDERED that the parties shall file an updated joint report with the Court regarding the status of finalizing settlement on or before April 16, 2020. Signed by District Judge John A. Ross on 10/16/19. (JAB) |
Filing 37 STATUS REPORT (Joint) by Frank Barber. (West, Joshua) |
Filing 36 ORDER: IT IS HEREBY ORDERED that this matter shall remain STAYED, and all pending deadlines shall be held in abeyance. IT IS FURTHER ORDERED that the parties shall file an updated joint report with the Court regarding the status of finalizing settlement on or before October 18, 2019. Signed by District Judge John A. Ross on 8/19/19. (JAB) |
Filing 35 STATUS REPORT (Joint) by Frank Barber, Garland Edmonds, Cassandra Jackson. (West, Joshua) |
Filing 34 ORDER: IT IS HEREBY ORDERED that this matter shall remain STAYED, and all pending deadlines shall be held in abeyance. IT IS FURTHER ORDERED that the parties shall file an updated joint report with the Court regarding the status of finalizing settlement on or before August 16, 2019. Signed by District Judge John A. Ross on 6/17/2019. (CLO) |
Filing 33 STATUS REPORT (JOINT) by Frank Barber, Garland Edmonds, Cassandra Jackson. (West, Joshua) |
NOTICE: IF YOU HAVE ALREADY UPGRADED YOUR PACER ACCOUNT YOU CAN DISREGARD THIS NOTICE. IF YOU DO NOT UPGRADE YOU WILL NOT BE ABLE TO FILE IN THE SYSTEM AFTER MAY 31, 2019. PLEASE UPGRADE IMMEDIATELY. If you are using a shared account to file cases, you will need to create an individual account; instructions can be found at:#https://www.moed.uscourts.gov/sites/moed/files/Register-for-New-PACER-account.pdf. If you already have an individual account, it will need to be upgraded; instructions can be found #https://www.moed.uscourts.gov/sites/moed/files/Upgrade-Current-PACER-Account.pdf. If you need further assistance contact the MOED CM/ECF Help Desk at 314-244-7650 or #moedml_cmecf_help@moed.uscourts.gov. (CSAW) |
Filing 32 ORDER: IT IS HEREBY ORDERED that this matter shall remain STAYED, and all pending deadlines shall be held in abeyance. IT IS FURTHER ORDERED that Defendants Express Courier International, Inc. and EMP LSO Holding Corporation's motion to dismiss (Doc. No. #19 ) is DENIED without prejudice. IT IS FURTHER ORDERED that the parties shall file an updated joint report with the Court regarding the status of finalizing settlement on or before June 12, 2019. Signed by District Judge John A. Ross on 3/14/2019. (CLO) |
Filing 31 STATUS REPORT (JOINT) re: Settlement and Request to Hold Deadlines in Abeyance by Frank Barber, Garland Edmonds, Cassandra Jackson. (West, Joshua) |
Filing 30 ORDER: IT IS HEREBY ORDERED that the parties Joint Motion to Stay (Doc. No. #29 ) is GRANTED. IT IS FURTHER ORDERED that, on or before March 14, 2019, the parties shall file a joint status report with the Court regarding the outcome of the mediation. Signed by District Judge John A. Ross on 12/19/18. (JAB) |
Filing 29 Joint MOTION to Stay by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Quillen, Emily) |
Filing 28 NOTICE of Supplemental Authority re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM by Defendants EMP LSO Holding Corporation, Express Courier International, Inc. . (Attachments: #1 Exhibit A-Marshall v. Express Courier Order Granting Motion to Dismiss)(Butcher, Andrew) |
Filing 27 NOTICE of Supplemental Authority re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM by Defendants EMP LSO Holding Corporation, Express Courier International, Inc. . (Attachments: #1 Exhibit A - Bascomb v. Express Courier International, Inc. Order)(Butcher, Andrew) |
Filing 26 NOTICE of Supplemental Authority re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM by Defendants EMP LSO Holding Corporation, Express Courier International, Inc. . (Attachments: #1 Exhibit A - Order re: Ryte v. Express Courier International)(Butcher, Andrew) |
Filing 25 ORDER DENYING TRANSFER regarding multidistrict litigation by Clerk of the Panel. IT IS THEREFORE ORDERED that the motion for centralization of this action is denied. See Order for details. (DLB) |
Filing 24 NOTICE of Supplemental Authority re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM by Plaintiffs Frank Barber, Garland Edmonds, Cassandra Jackson . (Attachments: #1 Exhibit 1: Op. and 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)(West, Joshua) |
Filing 23 NOTICE of Supplemental Authority re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM by Plaintiffs Frank Barber, Garland Edmonds, Cassandra Jackson . (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 22 REPLY to Response to Motion re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM filed by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Symank, Narcisa) |
Filing 21 RESPONSE in Opposition re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Frank Barber, Garland Edmonds, Cassandra Jackson. (West, Joshua) |
Filing 20 MEMORANDUM in Support of Motion re #19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM filed by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Exhibit A)(Symank, Narcisa) |
Filing 19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Symank, Narcisa) |
Filing 18 Docket Text ORDER: GRANTING #16 MOTION for Leave to Appear Pro Hac Vice Adam C. Smedstad by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. ; GRANTING #17 MOTION for Leave to Appear Pro Hac Vice Charles Andrewscavage by Defendant Express Courier International, Inc... Signed by District Judge John A. Ross on 4/18/18. (KKS) |
Filing 17 MOTION for Leave to Appear Pro Hac Vice Charles Andrewscavage. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6492056) by Defendant Express Courier International, Inc.. (Attachments: #1 Certificate of Good Standing Supreme Court of Illinois, #2 Exhibit List of Courts)(Andrewscavage, Charles) |
Filing 16 MOTION for Leave to Appear Pro Hac Vice Adam C. Smedstad. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6491635) by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Exhibit A - List of Courts, #2 Certificate of Good Standing)(Smedstad, Adam) |
Filing 15 Docket Text ORDER: GRANTING #14 MOTION for Leave to Appear Pro Hac Vice Emily A. Quillen filed by EMP LSO Holding Corporation, Express Courier International, Inc.. Signed by District Judge John A. Ross on 4/17/18. (KKS) |
Filing 14 MOTION for Leave to Appear Pro Hac Vice Emily A. Quillen. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6491209) by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Quillen, Emily) |
Filing 13 Docket Text ORDER: GRANTING #12 MOTION for Leave to Appear Pro Hac Vice Andrew J. Butcher by Defendants EMP LSO Holding Corporation, Express Courier International, Inc... Signed by District Judge John A. Ross on 4/17/18. (KKS) |
Filing 12 MOTION for Leave to Appear Pro Hac Vice Andrew J. Butcher. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6488702) by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Attachments: #1 Exhibit A - List of Courts, #2 Certificate of Good Standing)(Butcher, Andrew) |
Filing 11 WAIVER OF SERVICE Returned Executed filed by Frank Barber, Cassandra Jackson, Garland Edmonds EMP LSO Holding Corporation waiver signed on 3/2/2018, answer due 5/1/2018. (Donelon, Brendan) |
Filing 10 WAIVER OF SERVICE Returned Executed filed by Frank Barber, Cassandra Jackson, Garland Edmonds Express Courier International, Inc. waiver signed on 3/2/2018, answer due 5/1/2018. (Donelon, Brendan) |
Filing 9 Docket Text ORDER: Re: #4 MOTION for Leave to Appear Pro Hac Vice Joshua Lee West. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6368896) by Plaintiffs Frank Barber, Garland Edmonds, Cassandra Jackson. (Attachments: # 1 Certificate of Good Standing State of Arkansas)(West, Joshua) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/26/18. (JAB) |
Filing 8 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant EMP LSO Holding Corporation. Parent companies: NONE, Subsidiaries: NONE, Publicly held company: NONE,. (Symank, Narcisa) |
Filing 7 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Express Courier International, Inc.. Parent companies: EMP LSO HOLDING CORPORATION, Subsidiaries: NONE, Publicly held company: NONE,. (Symank, Narcisa) |
Filing 6 ENTRY of Appearance by Narcisa P. Symank for Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Symank, Narcisa) (Main Document 6 replaced on 2/23/2018) (KKS). |
Filing 5 ENTRY of Appearance by Mary Anne Mellow for Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Mellow, Mary Anne) |
Filing 4 MOTION for Leave to Appear Pro Hac Vice Joshua Lee West. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6368896) by Plaintiffs Frank Barber, Garland Edmonds, Cassandra Jackson. (Attachments: #1 Certificate of Good Standing State of Arkansas)(West, Joshua) (Main Document 4 replaced on 2/7/2018) (CLO). |
Filing 3 AMENDED COMPLAINT against defendant EMP LSO Holding Corporation, Express Courier International, Inc. 01/03/2018 Summons(es) issued, Jury demand, , filed by Frank Barber, Cassandra Jackson.(Donelon, Brendan) |
Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Frank Barber, Cassandra Jackson Process Server: Hatfield Process Service (Donelon, Brendan) |
Filing 1 COMPLAINT against defendant EMP LSO Holding Corporation, Express Courier International, Inc. with receipt number 0865-6312587, in the amount of $400 Jury Demand,, filed by Frank Barber, Cassandra Jackson. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons Express Courier International, Inc., #4 Summons EMP LSO Holding Corporation)(Donelon, Brendan) |
Case Opening Notification: 2 Summons(es) issued. The summons was emailed to Brendan J. Donelon. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable John A. Ross. (MFG) |
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