Brandon et al v. Express Courier International Inc et al
| George Brandon, Carol Hoskins, Lakeita Butler, Robert Evans, Julius Capri, Michael Sherry, Michael Cowdrey, Katherine Richardson, John Smith, Thomas Ward, Nurse Charles Brown, Susan Saad, John Cook and Scott Randall |
| Express Courier International, Inc. and EMP LSO Holding Corporation |
| 4:2020cv00455 |
| February 11, 2020 |
| US 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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| Filing 47 Case transferred in from South Carolina. Case Number 3:18-cv-00128; certified copy of transfer order, certified docket sheet, and transfer letter received |
Filing 46
ORDER granting #45 Motion to Transfer Case to the Southern District of Texas, Houston Division. Signed by Honorable Terry L Wooten on February 7, 2020.(kbos)
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| Filing 45 Joint MOTION to Transfer Case by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans. Response to Motion due by 2/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(LeClercq, Ben) |
| Filing 44 STATUS REPORT JOINT by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith, Thomas Ward. (LeClercq, Ben) |
| Filing 43 TEXT ORDER granting #42 Motion for Extension of Time. Joint Consent Motion to Hold Dismissal with Prejudice in Abeyance, ECF No. 42, is GRANTED. The parties are directed to provide the court with a status update within ninety (90) days from the filing date of this order. Should additional time be needed to resolve this matter, a request can be made in conjunction with the update. If no request for additional time is made, the Court will enter an order dismissing the case with prejudice. Signed by Honorable Terry L Wooten on May 20, 2019.(kbos) |
| Filing 42 STATUS REPORT and MOTION for Extension of Time to execute settlement by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith, Thomas Ward. (kbos) re-filed by the Clerk using the correct event |
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Filing 41
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Terry L Wooten on March 19, 2019. (kbos)
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| Filing 40 STATUS REPORT Joint by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith, Thomas Ward. (LeClercq, Ben) |
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Filing 39
TEXT ORDER, ( Status Report due by 3/14/2019.), Motion granted as modified: #38 Consent MOTION to Stay for global mediation, This case shall be stayed until March 1, 2019. By March 14, 2019, the Parties shall either submit a notice informing the Court that the matter has been resolved or, if the matter is not resolved through mediation, the Parties shall confer and submit a proposed amended scheduling order. In light of the stay, Plaintiffs shall file their amended complaint by March 14, 2019. Signed by Chief Judge Terry L Wooten on December 17, 2018. (kbos)
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| Filing 38 Consent MOTION to Stay for global mediation by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(LeClercq, Ben) |
| Filing 37 NOTICE of Request for Protection from Court Appearance by Ben LeClercq for Multiple dates (LeClercq, Ben) (Main Document 37 replaced on 12/4/2018 with corrected pdf) (kbos). |
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Filing 36
ORDER granting #25 Motion to Amend/Correct; granting in part, dismissing Plaintiff's complaint without prejudice #17 Motion to Dismiss for Failure to State a Claim. Plaintiffs shall file their amended complaint within 30 days, Signed by Chief Judge Terry L Wooten on November 20, 2018.(kbos)
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| Filing 35 SUPPLEMENT by EMP LSO Holding Corporation, Express Courier International Inc to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit Order Granting Motion to Dismiss Without Prejudice)(Diegel, Ronald) |
| Filing 34 SUPPLEMENT by EMP LSO Holding Corporation, Express Courier International Inc to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit Memorandum Opinion)(Diegel, Ronald) |
| Filing 33 Case Reassigned to Judge Chief Judge Terry L Wooten. Judge Honorable J Michelle Childs no longer assigned to the case. (glev, ) |
| Filing 32 Case Reassigned to Judge Honorable J Michelle Childs. Judge Honorable Donald C Coggins, Jr no longer assigned to the case. (suro, ) |
| Filing 31 SUPPLEMENT by EMP LSO Holding Corporation, Express Courier International Inc to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit - Order re Defendants' Motion to Dismiss)(Diegel, Ronald) Modified to add description to attachment provided by filing user on 8/3/2018 (abuc). |
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Filing 30
ORDER DENYING TRANSFER Signed by Unassigned - MDL on 8/1/2018. (abuc)
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| Filing 29 SUPPLEMENT by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith, Thomas Ward to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit Order Denying Allen)(LeClercq, Ben) |
| Filing 27 REPLY to Response to Motion re #25 MOTION to Amend/Correct First Amended Complaint Response filed by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans. (LeClercq, Ben) |
| Filing 26 RESPONSE in Opposition re #25 MOTION to Amend/Correct First Amended Complaint Response filed by EMP LSO Holding Corporation, Express Courier International Inc.Reply to Response to Motion due by 7/30/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Diegel, Ronald) |
| Filing 25 MOTION to Amend/Correct First Amended Complaint by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith. Response to Motion due by 7/23/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(LeClercq, Ben) |
| Filing 24 REPLY to Response to Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by EMP LSO Holding Corporation, Express Courier International Inc. Refiled to correct event type. (abuc) |
| Filing 23 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith, Thomas Ward.Reply to Response to Motion due by 6/26/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit - Arroyo v Express Courier)(LeClercq, Ben) (Main Document 23 replaced with corrected document provided by filing user and to add description to attachment on 6/20/2018) (abuc). |
| Filing 22 TEXT ORDER granting #21 motion for extension of time. Plaintiffs' response to the motion to dismiss is due by June 19, 2018. Signed by Honorable Donald C Coggins, Jr on 6/4/2018.(abuc) |
| Filing 21 MOTION for Extension of Time to File Response/Reply as to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 6/15/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith, Thomas Ward. (Attachments: #1 Exhibit Email agreement to extension)Proposed order is being emailed to chambers with copy to opposing counsel.(LeClercq, Ben) Modified to edit text on 6/4/2018 (abuc). (Main Document 21 replaced with corrected document provided by filing user on 6/4/2018) (abuc). |
| Filing 20 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Express Courier International Inc.(Diegel, Ronald) (Main Document 20 to replace documents with corrected document provided by filing user on 5/24/2018) (abuc). |
| Filing 19 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by EMP LSO Holding Corporation.(Diegel, Ronald) (Main Document 19 to replace documents with corrected document provided by filing user on 5/24/2018) (abuc). |
| Filing 18 Local Rule 26.01 Answers to Interrogatories by EMP LSO Holding Corporation, Express Courier International Inc.(Diegel, Ronald) (Main Document 18 to replace documents with corrected document provided by filing user on 5/24/2018) (abuc). |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EMP LSO Holding Corporation, Express Courier International Inc. Response to Motion due by 6/7/2018. See doc #29 , #31 , #34 , #35 for supplement (Attachments: #1 Defendants' Brief in Support of Motion to Dismiss for Failure to State Claim, #2 Exhibit A - Owner-Operator Agreement)No proposed order.(Diegel, Ronald) (Main Document 17 replaced on 5/24/2018) (abuc). (Attachment 1 replaced on 5/24/2018) (abuc). Modified to replace documents with corrected document provided by filing user on 5/24/2018 (abuc). Modified on 10/12/2018 (kbos). Modified on 10/22/2018 (kbos). |
| Filing 16 TEXT ORDER granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice; granting #15 Motion to Appear Pro Hac Vice. Signed by Honorable Donald C Coggins, Jr on 4/24/2018.(abuc) |
| Filing 15 MOTION to Appear Pro Hac Vice by Emily A. Quillen ( Filing fee $ 250 receipt number 0420-7737811) by EMP LSO Holding Corporation, Express Courier International Inc. Response to Motion due by 5/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission, #2 Certificate of Admissions, #3 Exhibit A: List of Courts, #4 Order)No proposed order.(Diegel, Ronald) (Main Document 15 replaced on 4/24/2018) (abuc). (Attachment 1 replaced on 4/24/2018) (abuc). Modified to replace documents with corrected documents provided by filing user on 4/24/2018 (abuc). |
| Filing 14 MOTION to Appear Pro Hac Vice by Adam C. Smedstad ( Filing fee $ 250 receipt number 0420-7737798) by EMP LSO Holding Corporation, Express Courier International Inc. Response to Motion due by 5/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission, #2 Certificate of Admissions, #3 Exhibit A: List of Courts, #4 Order)No proposed order.(Diegel, Ronald) (Main Document 14 replaced on 4/24/2018) (abuc). (Attachment 1 replaced on 4/24/2018) (abuc). Modified to replace documents with corrected documents provided by filing user on 4/24/2018 (abuc). |
| Filing 13 MOTION to Appear Pro Hac Vice by Andrew J. Butcher ( Filing fee $ 250 receipt number 0420-7737766) by EMP LSO Holding Corporation, Express Courier International Inc. Response to Motion due by 5/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission, #2 Certificate of Admissions, #3 Exhibit A: List of Courts, #4 Order)No proposed order.(Diegel, Ronald) (Main Document 13 replaced on 4/24/2018) (abuc). (Attachment 1 replaced on 4/24/2018) (abuc). Modified to replace documents with corrected documents provided by filing user on 4/24/2018 (abuc). |
| Filing 12 MOTION to Appear Pro Hac Vice by Charles Andrewscavage ( Filing fee $ 250 receipt number 0420-7736782) by EMP LSO Holding Corporation, Express Courier International Inc. Response to Motion due by 5/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission, #2 Certificate of Admissions, #3 Exhibit A: List of Courts, #4 Order)No proposed order.(Diegel, Ronald) (Main Document 12 replaced on 4/24/2018) (abuc). (Attachment 1 replaced on 4/24/2018) (abuc). (Attachment 1 replaced on 4/24/2018) (abuc). Modified to replace documents with corrected documents provided by filing user on 4/24/2018 (abuc). (Attachment 1 replaced with corrected document provided by filing user on 5/3/2018) (abuc). |
| Filing 11 ACCEPTANCE OF SERVICE OF COMPLAINT by Thomas Ward, John Smith, Michael Cowdrey, Susan Saad, Charles Brown, Julius Capri, John Cook, Scott Randall, Carol Hoskins, George Brandon, Michael Sherry, Katherine Richardson, Robert Evans, Lakeita Butler. All Defendants. (Attachments: #1 Exhibit Acceptance of Service)(LeClercq, Ben) |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by Thomas Ward, John Smith, Michael Cowdrey, Susan Saad, Charles Brown, Julius Capri, John Cook, Scott Randall, Carol Hoskins, George Brandon, Michael Sherry, Katherine Richardson, Robert Evans, Lakeita Butler. Service due by 7/18/2018 (LeClercq, Ben) (Main Document 10 replaced with corrected document provided by filing user on 4/20/2018) (abuc). |
| Filing 9 TEXT ORDER granting #6 Motion to Appear Pro Hac Vice. Signed by Honorable Donald C Coggins, Jr on 4/13/2018.(abuc) |
| Filing 8 Case Reassigned to Judge Honorable Donald C Coggins, Jr. Judge Chief Judge Terry L Wooten no longer assigned to the case. (cwil, ) |
| Filing 7 WAIVER OF SERVICE by Thomas Ward, John Smith, Michael Cowdrey, Susan Saad, Charles Brown, Julius Capri, John Cook, Scott Randall, Carol Hoskins, George Brandon, Michael Sherry, Katherine Richardson, Robert Evans, Lakeita Butler. All Defendants. (LeClercq, Ben) |
| Filing 6 MOTION to Appear Pro Hac Vice by Joshua West ( Filing fee $ 250 receipt number 0420-7646963) by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans. Response to Motion due by 3/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Joshua West Pro Hac Vice Application, #2 Affidavit Certificate of Good Standing, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(LeClercq, Ben) |
| Filing 5 NOTICE of Appearance by Ronald B Diegel on behalf of EMP LSO Holding Corporation, Express Courier International Inc (Diegel, Ronald) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by George Brandon, Charles Brown, Lakeita Butler, Julius Capri, John Cook, Michael Cowdrey, Robert Evans, Carol Hoskins, Scott Randall, Katherine Richardson, Susan Saad, Michael Sherry, John Smith, Thomas Ward.(kbos) |
| Filing 2 Summons Issued as to EMP LSO Holding Corporation, Express Courier International Inc. (kbos) |
| Filing 1 COMPLAINT against EMP LSO Holding Corporation, Express Courier International Inc ( Filing fee $ 400 receipt number 0420-7556899.), filed by Thomas Ward, John Smith, Michael Cowdrey, Susan Saad, Charles Brown, Julius Capri, John Cook, Scott Randall, Carol Hoskins, George Brandon, Michael Sherry, Katherine Richardson, Robert Evans, Lakeita Butler. Service due by 4/16/2018(kbos) |
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