Barber et al v. Express Courier International, Inc. et al
Plaintiff: Frank Barber, Cassandra Jackson and Garland Edmonds
Defendant: EMP LSO Holding Corporation and Express Courier International, Inc.
Case Number: 4:2020cv00271
Filed: January 23, 2020
Court: US District Court for the Southern District of Texas
Presiding Judge: David Hittner
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2020 Filing 46 NOTICE Joint Notice of Related Cases and Request for Coordination for Settlement Approval and Dismissal by Frank Barber, filed. (Sanford, Joshua)
March 20, 2020 Filing 45 NOTICE of Appearance by Josh Sanford on behalf of Frank Barber, Garland Edmonds, Cassandra Jackson, filed. (Sanford, Joshua)
February 12, 2020 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)
February 7, 2020 Filing 43 CERTIFICATE OF INTERESTED PARTIES by EMP LSO Holding Corporation, Express Courier International, Inc., filed.(Quillen, Emily)
January 23, 2020 Opinion or Order 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)
January 23, 2020 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
January 21, 2020 Opinion or Order 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)
January 16, 2020 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)
October 16, 2019 Opinion or Order 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)
October 16, 2019 Filing 37 STATUS REPORT (Joint) by Frank Barber. (West, Joshua)
August 19, 2019 Opinion or Order 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)
August 16, 2019 Filing 35 STATUS REPORT (Joint) by Frank Barber, Garland Edmonds, Cassandra Jackson. (West, Joshua)
June 17, 2019 Opinion or Order 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)
June 13, 2019 Filing 33 STATUS REPORT (JOINT) by Frank Barber, Garland Edmonds, Cassandra Jackson. (West, Joshua)
May 21, 2019 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)
March 14, 2019 Opinion or Order 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)
March 14, 2019 Filing 31 STATUS REPORT (JOINT) re: Settlement and Request to Hold Deadlines in Abeyance by Frank Barber, Garland Edmonds, Cassandra Jackson. (West, Joshua)
December 19, 2018 Opinion or Order 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)
December 18, 2018 Filing 29 Joint MOTION to Stay by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Quillen, Emily)
October 19, 2018 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)
October 10, 2018 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)
August 2, 2018 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)
August 1, 2018 Opinion or Order 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)
July 31, 2018 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)
June 19, 2018 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)
May 15, 2018 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)
May 8, 2018 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)
May 1, 2018 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)
May 1, 2018 Filing 19 MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM by Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Symank, Narcisa)
April 18, 2018 Opinion or Order 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)
April 18, 2018 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)
April 17, 2018 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)
April 17, 2018 Opinion or Order 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)
April 17, 2018 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)
April 17, 2018 Opinion or Order 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)
April 16, 2018 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)
March 5, 2018 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)
March 5, 2018 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)
February 26, 2018 Opinion or Order 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)
February 22, 2018 Filing 8 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant EMP LSO Holding Corporation. Parent companies: NONE, Subsidiaries: NONE, Publicly held company: NONE,. (Symank, Narcisa)
February 22, 2018 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)
February 22, 2018 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).
February 22, 2018 Filing 5 ENTRY of Appearance by Mary Anne Mellow for Defendants EMP LSO Holding Corporation, Express Courier International, Inc.. (Mellow, Mary Anne)
February 6, 2018 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).
January 11, 2018 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)
January 3, 2018 Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Frank Barber, Cassandra Jackson Process Server: Hatfield Process Service (Donelon, Brendan)
January 3, 2018 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)
January 3, 2018 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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Defendant: EMP LSO Holding Corporation
Represented By: Mary Anne Mellow
Represented By: Narcisa Przulj
Represented By: Emily Allison Quillen
Represented By: Andrew Joseph Butcher
Represented By: Adam Carl Smedstad
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Defendant: Express Courier International, Inc.
Represented By: Mary Anne Mellow
Represented By: Narcisa Przulj
Represented By: Emily Allison Quillen
Represented By: Charles Andrewscavage
Represented By: Andrew Joseph Butcher
Represented By: Adam Carl Smedstad
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Plaintiff: Frank Barber
Represented By: Joshua Lee West
Represented By: Brendan J. Donelon
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Plaintiff: Cassandra Jackson
Represented By: Joshua Lee West
Represented By: Brendan J. Donelon
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Plaintiff: Garland Edmonds
Represented By: Joshua Lee West
Represented By: Brendan J. Donelon
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