Heath et al v. TFS Dining, LLC et al
Natalie Heath, Tara Headrick, Brenna Wilder, Kiara Hopkins, Hazel Pepper, Amanda Langley, Vanessa Ramon and Andrea Harris |
Jon Persinger, Kenny Doe, TFS Dining, LLC, RPM Dining, LLC d/b/a Yellow Rose and RPM Dining, LLC doing business as Yellow Rose |
1:2020cv00890 |
August 26, 2020 |
US District Court for the Western District of Texas |
Robert Pitman |
Labor: Fair Standards |
29 U.S.C. § 201 Fair Labor Standards Act |
Plaintiff |
Docket Report
This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 159 CLER'S ENTRY OF SATISFACTION OF JUDGMENT (cc3) |
Filing 158 ORDER re #157 STIPULATION of Dismissal of All Plaintiffs' Claims for Fees and Costs and Joint Motion for Entry of Satisfaction of Judgment filed by RPM Dining, LLC. Signed by Judge Robert Pitman. (cc3) |
Text Order GRANTING #156 Unopposed Motion to Withdraw as Attorney entered by Judge Robert Pitman. IT IS ORDERED that Casey T. Wallace and Gretchen Sween are withdrawn as counsel in this case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 157 STIPULATION of Dismissal of All Plaintiffs' Claims for Fees and Costs and Joint Motion for Entry of Satisfaction of Judgment by RPM Dining, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(King, William) |
Filing 156 Unopposed MOTION to Withdraw as Attorney and Notice of Remaining Counsel's Change of Firm Affiliation by RPM Dining, LLC. (Attachments: #1 Proposed Order)(King, William) |
Filing 155 BILL OF COSTS (cc3) |
Filing 154 Certified copy of USCA JUDGMENT/MANDATE Dismissing #151 Notice of Appeal (E-Filed) filed by RPM Dining, LLC. (klw) |
Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (klw) |
Text Order GRANTING #149 Motion to Withdraw as Attorney entered by Judge Robert Pitman. Going forward, the parties shall indicate whether a motion is opposed or unopposed per the local rules. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 153 Payment of USCA Appeal Fee received $ 505 receipt number ATXWDC-17074920 re Notice of Appeal, (Sween, Gretchen) |
Notice of Correction: Court notes the #151 Notice of Appeal (E-Filed) indicates that the document is an AMENDED Notice of Appeal; however, Amended Appeals can only correct typos or clerical errors. Your appeal adds additional appeal issues/orders/motion and must be processed as an additional Notice of Appeal with its own separate filing fee. (cc3) |
NOTICE OF APPEAL. Filing fee $505. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (cc3) |
Filing 152 ORDER. Signed by Judge Robert Pitman. (cc3) |
Filing 151 Appeal of Final Judgment #139 by RPM Dining, LLC. No filing fee submitted (Sween, Gretchen) Modified on 1/31/2023 (cc3). |
Filing 150 STIPULATION Regarding Supersedeas Bond by RPM Dining, LLC. (Attachments: #1 Proposed Order on Joint Stipulation re Supersedeas Bond)(King, William) |
Filing 149 MOTION to Withdraw as Attorney Alejandro Marin by Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Amanda Langley. (Ellzey, Jarrett) |
Filing 148 Transcript filed of Proceedings held on July 20, 2022, Proceedings Transcribed: Trial On The Merits, Volume 3 of 3. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/6/2023, Redacted Transcript Deadline set for 2/16/2023, Release of Transcript Restriction set for 4/17/2023, Appeal Record due by 1/31/2023, (lr) |
Filing 147 Transcript filed of Proceedings held on July 19, 2022, Proceedings Transcribed: Trial On The Merits, Volume 2 of 3. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/6/2023, Redacted Transcript Deadline set for 2/16/2023, Release of Transcript Restriction set for 4/17/2023, Appeal Record due by 1/31/2023, (lr) |
Filing 146 Transcript filed of Proceedings held on July 18, 2022, Proceedings Transcribed: Trial On The Merits, Volume 1 of 3. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/6/2023, Redacted Transcript Deadline set for 2/16/2023, Release of Transcript Restriction set for 4/17/2023, Appeal Record due by 1/31/2023, (lr) |
Filing 145 Transcript filed of Proceedings held on May 19, 2022, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/6/2023, Redacted Transcript Deadline set for 2/16/2023, Release of Transcript Restriction set for 4/17/2023, Appeal Record due by 1/31/2023, (lr) |
Filing 144 Transcript filed of Proceedings held on May 4, 2022, Proceedings Transcribed: Final Pretrial Conference. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/6/2023, Redacted Transcript Deadline set for 2/16/2023, Release of Transcript Restriction set for 4/17/2023, Appeal Record due by 1/31/2023, (lr) |
Filing 143 TRANSCRIPT REQUEST by RPM Dining, LLC for dates of 05/04/2022 - 05/19/2022 and 7/20/2022. Proceedings Transcribed: Trial and Pretrial Conference and Status Conference. Court Reporter: Lily Reznik.. (Sween, Gretchen) |
Filing 142 TRANSCRIPT REQUEST by RPM Dining, LLC for dates of 07/18/2022 - 07/20/2022. Proceedings Transcribed: Trial. Court Reporter: Lily Reznik.. (Sween, Gretchen) |
Filing 141 Transcript filed of Proceedings held on December 21, 2020, Proceedings Transcribed: Initial Pretrial Conference. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 1/31/2023, Redacted Transcript Deadline set for 2/10/2023, Release of Transcript Restriction set for 4/10/2023, Appeal Record due by 1/25/2023, (lr) |
Filing 140 TRANSCRIPT REQUEST by RPM Dining, LLC for dates of 12/21/2020. Proceedings Transcribed: Initial Pretrial Conference. Court Reporter: Lily Reznik.. (Sween, Gretchen) |
Filing 139 AMENDED FINAL JUDGMENT. Signed by Judge Robert Pitman. (cc3) |
Filing 138 Proposed Order Agreed Amended Proposed Judgment to #136 Order on Motion to Amend Judgment,, Order on Motion for Judgment as a Matter of Law by Andrea Harris, Amanda Langley. (Montgomery, Leigh) |
Filing 137 ORDER DENYING #111 Opposed MOTION for Reconsideration of Granting of Summary Judgment on "Employee" Status filed by RPM Dining, LLC. Signed by Judge Robert Pitman. (cc3) |
Filing 136 ORDER GRANTING IN PART AND DENYING IN PART #117 Motion to Amend Judgment; DENYING #124 MOTION to Amend Judgment or Alter Judgment (Rule 59(e) and DENYING #125 Motion for Judgment as a Matter of Law. Signed by Judge Robert Pitman. (cc3) |
Filing 135 ORDER DENYING #120 Motion for Attorney Fees and GRANTING #127 Opposed MOTION to Deny Without Prejudice, or Defer Adjudication of re #120 Opposed MOTION for Attorney Fees. Signed by Judge Robert Pitman. (cc3) |
Filing 134 Proposed Order AGREED to #127 Opposed MOTION to Deny Without Prejudice, or Defer Adjudication of re #120 Opposed MOTION for Attorney Fees , #119 Bill of CostsOpposed MOTION for Extension of Time to File Response/Reply as to #120 Opposed MOTION for Attorney Fees , #119 Bill of Costs by Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Amanda Langley, Vanessa Ramon, Brenna Wilder. (Montgomery, Leigh) |
Filing 133 RESPONSE in Support, filed by Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Amanda Langley, Vanessa Ramon, Brenna Wilder, re #127 Opposed MOTION to Deny Without Prejudice, or Defer Adjudication of re #120 Opposed MOTION for Attorney Fees , #119 Bill of CostsOpposed MOTION for Extension of Time to File Response/Reply as to #120 Opposed MOTION for Attorney Fees , #119 Bill of Costs filed by Defendant RPM Dining, LLC (Montgomery, Leigh) |
Filing 132 Payment of USCA Appeal Fee received $ 505 receipt number ATXWDC-16781446 (Wallace, Casey) |
Filing 131 Response in Opposition to Motion, filed by Andrea Harris, Amanda Langley, re #124 MOTION to Amend Judgment or Alter Judgment (Rule 59(e) filed by Defendant RPM Dining, LLC (Montgomery, Leigh) |
Filing 130 Response in Opposition to Motion, filed by Andrea Harris, Amanda Langley, re #125 MOTION for Judgment as a Matter of Law filed by Defendant RPM Dining, LLC (Montgomery, Leigh) |
Filing 129 RESPONSE to Motion, filed by RPM Dining, LLC, re #120 Opposed MOTION for Attorney Fees filed by Plaintiff Andrea Harris, Plaintiff Vanessa Ramon, Plaintiff Amanda Langley, Plaintiff Natalie Heath, Plaintiff Kiara Hopkins, Plaintiff Tara Headrick, Plaintiff Brenna Wilder (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit B1, #4 Exhibit B2, #5 Exhibit B3, #6 Exhibit B4, #7 Exhibit B5, #8 Exhibit B6, #9 Exhibit B7, #10 Exhibit B8)(King, William) |
Filing 128 REPLY to Response to Motion, filed by Andrea Harris, Amanda Langley, re #117 MOTION to Amend Judgment filed by Plaintiff Andrea Harris, Plaintiff Amanda Langley (Montgomery, Leigh) |
Filing 127 Opposed MOTION to Deny Without Prejudice, or Defer Adjudication of re #120 Opposed MOTION for Attorney Fees , #119 Bill of Costs, Opposed MOTION for Extension of Time to File Response/Reply as to #120 Opposed MOTION for Attorney Fees , #119 Bill of Costs by RPM Dining, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Sween, Gretchen) |
Filing 126 Appeal of Final Judgment #71 , #114 by RPM Dining, LLC. No filing fee submitted (Sween, Gretchen) |
NOTICE OF APPEAL following #126 Notice of Appeal (E-Filed) by RPM Dining, LLC. Filing fee $ 505 (FEE NOT PAID). Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (cc3) |
Filing 125 MOTION for Judgment as a Matter of Law by RPM Dining, LLC. (Attachments: #1 Proposed Order)(Sween, Gretchen) |
Filing 124 MOTION to Amend Judgment or Alter Judgment (Rule 59(e) by RPM Dining, LLC. (Attachments: #1 Proposed Order)(Sween, Gretchen) |
Filing 123 Response in Opposition to Motion, filed by RPM Dining, LLC, re #117 MOTION to Amend Judgment filed by Plaintiff Andrea Harris, Plaintiff Amanda Langley (Attachments: #1 Proposed Order)(Sween, Gretchen) |
Filing 122 SUPPLEMENT to #120 Opposed MOTION for Attorney Fees by Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Amanda Langley, Vanessa Ramon, Brenna Wilder. (Attachments: #1 Exhibit 2 (Corrected) for docket entry 120.1)(Montgomery, Leigh) |
Filing 121 TRANSCRIPT REQUEST by RPM Dining, LLC for proceedings held on 05/04/2022 - 05/19/2022. Proceedings Transcribed: Pretrial Conference. Court Reporter: Lily Reznik. (King, William) |
Filing 120 Opposed MOTION for Attorney Fees by Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Amanda Langley, Vanessa Ramon, Brenna Wilder. (Attachments: #1 Affidavit Jarrett Ellzey, #2 Proposed Order)(Montgomery, Leigh) |
Filing 119 BILL OF COSTS and Itemization and Documentation by Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Amanda Langley, Vanessa Ramon, Brenna Wilder. (Attachments: #1 Supplement)(Montgomery, Leigh) |
Text Order GRANTING #118 Unopposed Motion for Extension of Time to File entered by Judge Robert Pitman. IT IS ORDERED that Plaintiffs shall file their motion for attorney's fees on or before November 1, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 118 Unopposed MOTION for Extension of Time to File Motion for attorney's fees and costs by Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Attachments: #1 Proposed Order)(Montgomery, Leigh) |
Filing 117 MOTION to Amend Judgment by Andrea Harris, Amanda Langley. (Montgomery, Leigh) |
Filing 116 Response in Opposition to Motion, filed by Andrea Harris, Amanda Langley, re #110 Opposed MOTION for New Trial Pursuant to Rule 59(a) filed by Defendant RPM Dining, LLC (Attachments: #1 Exhibit 1RR, #2 Exhibit 2RR)(Montgomery, Leigh) |
Filing 115 Response in Opposition to Motion, filed by Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Amanda Langley, Vanessa Ramon, Brenna Wilder, re #111 Opposed MOTION for Reconsideration of Granting of Summary Judgment on "Employee" Status filed by Defendant RPM Dining, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit 1RR, #5 Exhibit 2RR)(Montgomery, Leigh) |
Filing 114 FINAL JUDGMENT. Signed by Judge Robert Pitman. (cc3) |
Filing 113 IT IS ORDERED that the Settling Plaintiffs claims, other than attorneys fees and costs, are DISMISSED. Signed by Judge Robert Pitman. (dm) |
Filing 112 STIPULATION of Dismissal by Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Montgomery, Leigh) |
Filing 111 Opposed MOTION for Reconsideration of Granting of Summary Judgment on "Employee" Status by RPM Dining, LLC. (Attachments: #1 Exhibit A - Nelson v. Tx Sugars 838 F Appx 39, #2 Exhibit B - Trial Transcripts Vol 1-3, #3 Exhibit C - 5th Circuit Pattern Jury Instructions No. 11.26, #4 Exhibit D - Jury Instructions, #5 Proposed Order Granting Rule 54b Motion)(Sween, Gretchen) |
Filing 110 Opposed MOTION for New Trial Pursuant to Rule 59(a) by RPM Dining, LLC. (Attachments: #1 Proposed Order Granting Rule 59a Motion for New Trial)(Sween, Gretchen) |
Filing 109 NOTICE of Attorney Appearance by Gretchen Sims Sween on behalf of RPM Dining, LLC. Attorney Gretchen Sims Sween added to party RPM Dining, LLC(pty:dft) (Sween, Gretchen) |
Filing 108 ORDER that the parties file a stipulation of dismissal by 10/11/2022. Signed by Judge Robert Pitman. (jv2) |
Text Order DENYING #107 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. For a lack of good cause, IT IS ORDERED that this motion for leave is DENIED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 107 Opposed MOTION for Leave to Exceed Page Limitation for Defendants' Rule 54(b) Motion to Reconsider by RPM Dining, LLC. (Attachments: #1 Exhibit 1 - Defendants' Rule 54(b) Motion, #2 Exhibit A - Nelson v. Tx Sugars 838 F Appx 39, #3 Exhibit B - Trial Transcripts Vol 1-3, #4 Exhibit C - 5th Circuit Pattern Jury Instructions No. 11.26, #5 Exhibit D - 2019.06.21 Dkt No 58 - Jury Instructions, #6 Proposed Order Granting Reconsideration and New Trial, #7 Proposed Order Granting Reconsideration in Part and Certifying Interlocutory Appeal, #8 Proposed Order Granting Motion for Leave to Exceed Page Limit)(Sween, Gretchen) |
Text Order GRANTING #106 Unopposed Motion for Settlement entered by Judge Robert Pitman. Having reviewed the proposed FLSA settlements and in light of the lack of opposition, IT IS ORDERED that the proposed FLSA settlements are approved. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 106 MOTION for Settlement Plaintiffs Heath, Wilder, Headrick, Hopkins and Ramon's Unopposed Motion for Approval of Fair Labor Standards Act Settlements by Natalie Heath. (Attachments: #1 Exhibit Declaration of Jarrett L. Ellzey with Exhibits, #2 Proposed Order)(Montgomery, Leigh) |
Filing 105 TRANSCRIPT REQUEST by Andrea Harris for proceedings held on 7/18-7/20/22. Proceedings Transcribed: Trial. Court Reporter: Ms. Lily I. Reznik. (Ellzey, Jarrett) |
Filing 104 TRANSCRIPT REQUEST by RPM Dining, LLC for proceedings held on 07/18/2022 - 07/20/2022. Proceedings Transcribed: Trial. Court Reporter: Lily Reznik. (King, William) |
Filing 102 JURY VERDICT (Redacted Version) filed. Unredacted Jury Verdict Sealed pursuant to E-Government Act of 2002.(cc3) |
Filing 101 JURY NOTE 6 SEALED pursuant to E-Government Act of 2002. (cc3) |
Filing 100 JURY NOTE 5 SEALED pursuant to E-Government Act of 2002. (cc3) |
Filing 99 JURY NOTE 4 SEALED pursuant to E-Government Act of 2002. (cc3) |
Filing 98 JURY NOTE 3 SEALED pursuant to E-Government Act of 2002. (cc3) |
Filing 97 JURY NOTE 2 SEALED pursuant to E-Government Act of 2002. (cc3) |
Filing 96 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial completed on 7/20/2022. (Minute entry documents are not available electronically) (Court Reporter Lily Reznik)(cc3) |
Filing 95 Exhibit List (cc3) (Additional attachment(s) added on 7/21/2022: #1 Exhibit Pltf Exh 11, #2 Exhibit Pltf Exh 14, #3 Exhibit Pltf Exh 17-18, #4 Exhibit Pltf Exh 21-A, #5 Exhibit Pltf Exh 23, #6 Exhibit Pltf Exh 27, #7 Exhibit Pltf Exh 34-36, #8 Exhibit Def Exh 8-11, #9 Exhibit Def Exh 17-18, #10 Exhibit Def Exh 21-22, #11 Exhibit Def Exh 42-43) (cc3). |
Filing 94 Witness List (cc3) |
Filing 93 Jury Charge/Instructions to Jury(cc3) |
Filing 92 JURY NOTE 1 SEALED pursuant to E-Government Act of 2002. (cc3) |
Filing 91 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial held on 7/19/2022. JURY RECESSES, RETURNING July 20, 2022 at 8:30am. (Minute entry documents are not available electronically) (Court Reporter Lily Reznik)(cc3) |
Filing 90 Minute Entry for proceedings held before Judge Robert Pitman: Jury Trial begun on 7/18/2022. COURT RECESSES UNTIL Tuesday, July 19, 2022 at 8:30am. (Minute entry documents are not available electronically) (Court Reporter Lily Reznik)(cc3) |
Filing 89 STIPULATION of Facts - Joint (Proposed) and Amended Joint Proposed Statement of Case by RPM Dining, LLC. (King, William) |
Text Order DENYING #87 Motion for Leave to File entered by Judge Robert Pitman. For lack of good cause shown under Rules 12 and 16 and with the trial in this case just weeks away, IT IS ORDERED that this motion is DENIED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 88 Response in Opposition to Motion, filed by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder, re #87 Opposed MOTION for Leave to File Motion for Judgment on the Pleadings Pursuant to Rule 12(c) filed by Defendant RPM Dining, LLC (Attachments: #1 Proposed Order)(Montgomery, Leigh) |
Filing 87 Opposed MOTION for Leave to File Motion for Judgment on the Pleadings Pursuant to Rule 12(c) by RPM Dining, LLC. (Attachments: #1 Exhibit A - Motion for Judgment on the Pleadings Pursuant to Rule 12(c), #2 Exhibit A - Fare Complaint, #3 Proposed Order Granting Defendant's Motion for Leave)(King, William) |
Text Order GRANTING #81 Motion to exclude entered by Judge Robert Pitman. In light of there being no opposition, IT IS ORDERED that Defendant's argumentand evidence related to its claimed service charge and/or off-set defense is EXCLUDED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 86 ORDER RESETTING JURY SELECTION AND JURY TRIAL for 7/18/2022 at 09:00AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (cc3) |
Filing 85 Minute Entry for proceedings held before Judge Robert Pitman: Telephone Conference held on 5/19/2022. Written order to follow. (Minute entry documents are not available electronically) (Court Reporter Lily Reznik)(cc3) |
Filing 84 ORDER RESETTING TELEPHONE CONFERENCE for 5/19/2022 at 09:40 AM by phone before Judge Robert Pitman. Signed by Judge Robert Pitman. (cc3) |
Filing 83 ORDER SETTING TELEPHONE CONFERENCE for 5/26/2022 at 10:15 AM by phone before Judge Robert Pitman.Signed by Judge Robert Pitman. (cc3) |
Filing 82 ORDER CANCELLING JURY SELECTION AND TRIAL until further order of the Court. Signed by Judge Robert Pitman. (jg3) |
Filing 81 MOTION to Exclude Defendants' Unpled Offset/Service Charge Affirmative Defense Or, Alternatively, Supplemental Motion in LImine by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Ellzey, Jarrett) |
Filing 80 ORDER TERMINATING TFS Dining, LLC. Signed by Judge Robert Pitman. (cc3) |
Filing 79 *ORDER ISSUED IN ERROR PLEASE DISREGARD* Amended Order has been filed. ORDER. Signed by Judge Robert Pitman. (cc3) Modified on 5/13/2022 (cc3). |
Filing 78 DEFICIENCY NOTICE: re #76 Proposed Findings of Fact (cc3) |
Filing 77 DEFICIENCY NOTICE: re #75 Proposed Jury Instructions (cc3) |
Filing 76 Proposed Findings of Fact by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Montgomery, Leigh) |
Filing 75 Proposed Jury Instructions by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Montgomery, Leigh) |
Filing 74 Agreed MOTION to Dismiss Defendant TFS Dining, LLC ONLY by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins. (Attachments: #1 Proposed Order)(Ellzey, Jarrett) |
Filing 73 ORDER RESETTING Jury Selection and Jury Trial for 5/17/2022 at 09:00AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (cc3) |
Filing 72 Minute Entry for proceedings held before Judge Robert Pitman: Final Pretrial Conference held on 5/4/2022. (Minute entry documents are not available electronically) (Court Reporter Lily Reznik)(cc3) |
Filing 71 ORDER ADOPTING #53 Report and Recommendations; GRANTING #44 MOTION for Partial Summary Judgment on Plaintiffs' Overtime Claims, GRANTING #45 MOTION for Partial Summary Judgment re: Employer Status and GRANTING IN PART DENYING IN PART #46 MOTION for Summary Judgment(Partial) Signed by Judge Robert Pitman. (cc3) |
Filing 70 ORDER RESETTING FINAL PRETRIAL CONFERENCE BY VIDEO for 5/4/2022 at 09:30 AM before Judge Robert Pitman.Signed by Judge Robert Pitman. (cc3) |
Filing 69 Miscellaneous Objection to #62 Pretrial Disclosures, (Plaintiffs' Responses in Opposition to Defendant's Motion in Limine) by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Montgomery, Leigh) |
Filing 68 Miscellaneous Objection to #62 Pretrial Disclosures, (Plaintiffs' Objections to Defendant's Exhibits) by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Montgomery, Leigh) |
Filing 67 Miscellaneous Objection to #61 Pretrial Disclosures, (Defs Resp to Pltf MILs) by RPM Dining, LLC. (King, William) |
Filing 66 Miscellaneous Objection to #61 Pretrial Disclosures, (Objections to Pltfs Exhibits) by RPM Dining, LLC. (King, William) |
Filing 65 Pretrial Disclosures Plaintiffs' Amended Motions in Limine by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins. (Montgomery, Leigh) |
Filing 64 Exhibit List Amended by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins.. (Montgomery, Leigh) |
Filing 63 Reply in Support of #56 Objection to #53 Report and Recommendations by RPM Dining, LLC.. (King, William) Modified on 4/25/2022 (cc3). |
Text Order DENYING #59 Motion to Continue entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 62 Pretrial Disclosures by RPM Dining, LLC. (Attachments: #1 Exhibit A - Def Proposed Voir Dire Qs, #2 Exhibit B - Def Statement of Claims and Defenses, #3 Exhibit C - Def Stipulated/Admitted Facts, #4 Exhibit D - Def Exhibit List, #5 Exhibit E - Def Witness List, #6 Exhibit F - Def Proposed Instrx-Charge Qs, #7 Exhibit G - Def MILs)(King, William) |
Filing 61 Pretrial Disclosures Plaintiffs' Proposed Voir Dire Questions, Statement of Case, Proposed Stipulation of Fact and Estimation of Length of Trial, Witness List and Deposition Designations, Exhibit List, Proposed Jury Charge and Motion in Limine by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Montgomery, Leigh) |
Filing 60 RESPONSE to Defendant RPM Dining, LLC's Objections to Report and Recommendations by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder. (Ellzey, Jarrett) |
Filing 59 Opposed MOTION to Continue Trial by RPM Dining, LLC. (Attachments: #1 Proposed Order Granting Opposed Motion to Continue Trial)(King, William) |
Filing 58 ORDER RESETTING FINAL PRETRIAL CONFERENCE for 5/2/2022 at 04:00 PM before Judge Robert Pitman.Signed by Judge Robert Pitman. (cc3) |
Filing 57 ORDER SETTING FINAL PRETRIAL CONFERENCE for 4/22/2022 at 01:30 PM before Judge Robert Pitman.Signed by Judge Robert Pitman. (cc3) |
Filing 56 OBJECTION to #53 Report and Recommendations by RPM Dining, LLC.. (Attachments: #1 Exhibit A)(King, William) |
Filing 55 RESPONSE by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins. (Ellzey, Jarrett) |
Filing 54 NOTICE of Change of Address by Casey T. Wallace (Wallace, Casey) |
Filing 53 REPORT AND RECOMMENDATIONS re #45 Motion for Partial Summary Judgment re: Employer Status by Jon Persinger, TFS Dining, LLC, #44 Motion for Partial Summary Judgment on Plaintiffs' Overtime Claims AND #46 Motion for Summary Judgment (Partial) by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder, Amanda Harris, Vanessa Ramon, Andrea Harris.Signed by Judge Dustin M. Howell. (cc3) |
Motions No Longer Referred: 46] MOTION for Summary Judgment (Partial), #45 MOTION for Partial Summary Judgment re: Employer Status, #44 MOTION for Partial Summary Judgment on Plaintiffs' Overtime Claims (cc3) |
Filing 52 NOTICE of Supplemental Authority by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins re #46 MOTION for Summary Judgment (Partial) (Attachments: #1 Exhibit 1)(Ellzey, Jarrett) |
Text Order REFERRING #45 Motion for Partial Summary Judgment entered by Judge Robert Pitman. IT IS ORDERED that the Motion for Partial Summary Judgment is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Text Order REFERRING #46 Motion for Summary Judgment entered by Judge Robert Pitman. IT IS ORDERED that the Motion for Partial Summary Judgment is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Text Order REFERRING #44 Motion for Partial Summary Judgment entered by Judge Robert Pitman. IT IS ORDERED that the Motion for Partial Summary Judgment is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
MOTIONS REFERRED: #44 MOTION for Partial Summary Judgment on Plaintiffs' Overtime Claims, #45 MOTION for Partial Summary Judgment re: Employer Status, and #46 MOTION for Summary Judgment (Partial). Referral Judge: Dustin M. Howell. (cc3) |
Filing 51 REPLY to Response to Motion, filed by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder, re #46 MOTION for Summary Judgment (Partial) filed by Plaintiff Amanda Harris, Plaintiff Andrea Harris, Plaintiff Vanessa Ramon, Plaintiff Natalie Heath, Plaintiff Kiara Hopkins, Plaintiff Tara Headrick, Plaintiff Brenna Wilder (Montgomery, Leigh) |
Filing 50 REPLY to Response to Motion, filed by Jon Persinger, TFS Dining, LLC, re #45 MOTION for Partial Summary Judgment re: Employer Status filed by Defendant TFS Dining, LLC, Defendant Jon Persinger (King, William) |
Filing 49 Response in Opposition to Motion, filed by Amanda Harris, Andrea Harris, Tara Headrick, Natalie Heath, Kiara Hopkins, Vanessa Ramon, Brenna Wilder, re #45 MOTION for Partial Summary Judgment re: Employer Status filed by Defendant TFS Dining, LLC, Defendant Jon Persinger (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Ellzey, Jarrett) |
Filing 48 Response in Opposition to Motion, filed by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC, re #46 MOTION for Summary Judgment (Partial) filed by Plaintiff Amanda Harris, Plaintiff Andrea Harris, Plaintiff Vanessa Ramon, Plaintiff Natalie Heath, Plaintiff Kiara Hopkins, Plaintiff Tara Headrick, Plaintiff Brenna Wilder (Attachments: #1 Exhibit A1 - Harris Depo, #2 Exhibit A2- Harris Discovery Responses, #3 Exhibit B1 - Langley Depo, #4 Exhibit B2 - Langley Discovery Responses, #5 Exhibit C1 - Heath Depo, #6 Exhibit C2 -Heath Discovery Responses, #7 Exhibit C3 - Heath Time Records, #8 Exhibit D1 - Headrick Depo, #9 Exhibit D2 - Headrick Discovery Responses, #10 Exhibit D3 - Headrick Timekeeping, #11 Exhibit E1 - Ramon Depo, #12 Exhibit E2 - Ramon Discovery Responses, #13 Exhibit E3 - Ramon Time Records, #14 Exhibit F1 - Wilder Depo, #15 Exhibit F2 - Wilder Discovery Responses, #16 Exhibit F3 - Wilder Time Records, #17 Exhibit F4 - Wilder Income Records, #18 Exhibit G1 -Hopkins Discovery, #19 Exhibit H1 - Persinger Depo, #20 Exhibit H2 - Gonzales Depo, #21 Proposed Order)(King, William) |
Text Order GRANTING #47 Agreed Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. IT IS ORDERED that the parties shall respond to their respective motions for summary judgment on or before January 13, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 47 Agreed MOTION for Extension of Time to File Response/Reply as to #45 MOTION for Partial Summary Judgment re: Employer Status, #44 MOTION for Partial Summary Judgment on Plaintiffs' Overtime Claims, #46 MOTION for Summary Judgment (Partial) by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC. (Attachments: #1 Proposed Order)(King, William) |
Filing 46 MOTION for Summary Judgment (Partial) by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder, Amanda Harris, Vanessa Ramon, Andrea Harris. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Appendix, #30 Proposed Order)(Ellzey, Jarrett) |
Filing 45 MOTION for Partial Summary Judgment re: Employer Status by Jon Persinger, TFS Dining, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B1, #3 Exhibit B2, #4 Exhibit B3, #5 Exhibit C1, #6 Exhibit C2, #7 Exhibit D1, #8 Exhibit D2, #9 Exhibit E1, #10 Exhibit E2, #11 Exhibit F1, #12 Exhibit F2, #13 Exhibit G1, #14 Exhibit G2, #15 Exhibit H1, #16 Exhibit H2, #17 Exhibit I1, #18 Proposed Order)(King, William) |
Filing 44 MOTION for Partial Summary Judgment on Plaintiffs' Overtime Claims by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit B1, #5 Exhibit B2, #6 Exhibit B3, #7 Exhibit C1, #8 Exhibit C2, #9 Exhibit C3, #10 Exhibit D1, #11 Exhibit D2, #12 Exhibit D3, #13 Exhibit E1, #14 Exhibit E2, #15 Exhibit E3, #16 Exhibit F1, #17 Exhibit F2, #18 Exhibit F3, #19 Exhibit G1, #20 Exhibit G2, #21 Proposed Order)(King, William) |
Filing 43 ORDER GRANTING #39 Opposed MOTION for Discovery To Amend Plaintiff Tara Headrick's Admissions Signed by Judge Dustin M. Howell. (cc3) |
Motions No Longer Referred: #39 Opposed MOTION for Discovery To Amend Plaintiff Tara Headrick's Admissions (cc3) |
Filing 42 REPLY to Response to Motion, filed by Tara Headrick, re #39 Opposed MOTION for Discovery To Amend Plaintiff Tara Headrick's Admissions filed by Plaintiff Tara Headrick (Attachments: #1 Proposed Order)(Ellzey, Jarrett) |
Filing 41 RESPONSE to Motion, filed by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC, re #39 Opposed MOTION for Discovery To Amend Plaintiff Tara Headrick's Admissions filed by Plaintiff Tara Headrick (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order Denying Motion to Amend Admissions)(King, William) |
Filing 40 ORDER GRANTING #38 Motion to Extend Scheduling Order Deadlines; Jury Selection AND Jury Trial set for 5/16/2022 at 09:00AM before Judge Robert Pitman, and Dispositive Motions due by 12/23/2021, Signed by Judge Robert Pitman. (cc3) |
MOTION REFERRED: referred #39 Opposed MOTION for Discovery To Amend Plaintiff Tara Headrick's Admissions. Referral Judge: Dustin M. Howell. (cc3) |
Text Order REFERRING #39 Motion for Discovery entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's motion to amend admissions is REFERRED to United States Magistrate Judge Dustin Howell for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 39 Opposed MOTION for Discovery To Amend Plaintiff Tara Headrick's Admissions by Tara Headrick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Montgomery, Leigh) |
Filing 38 Agreed MOTION to Extend Scheduling Order Deadlines To Set Dispositive Motion Deadline and Re-Set Final Pre-Trial Conference Date by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Supplement)(Montgomery, Leigh) |
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Dustin M. Howell. (jkda) |
Set/Reset Deadlines: Discovery and Dispositive Motions due by 11/9/2021. (cc3) |
Text Order GRANTING #37 Agreed Motion to Extend Scheduling Order Deadlines entered by Judge Robert Pitman. IT IS ORDERED that the discovery deadline in this case is extended to November 9, 2021. IT IS FURTHER ORDERED that the parties shall propose a new dispositive motion deadline on or before November 9, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 37 Agreed MOTION to Extend Scheduling Order Deadlines by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Proposed Order)(Montgomery, Leigh) |
Filing 36 FIRST AMENDED COMPLAINT (cc3) |
Filing 35 ORDER GRANTING #26 Motion for Leave to File First Amended Complaint. Signed by Judge Andrew W. Austin. (cc3) |
Filing 34 Pretrial Disclosures Plaintiffs' Expert Disclosures by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Montgomery, Leigh) |
Filing 33 AGREED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Robert Pitman. (cc3) |
Filing 32 Agreed MOTION for Protective Order and Agreed Confidentiality by RPM Dining, LLC, TFS Dining, LLC. (King, William) |
Text Order REFERRING #26 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that Plaintiffs' Motion for Leave to File First Amended Complaint, (Dkt. 26), is REFERRED to United States Magistrate Judge Andrew W. Austin for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
MOTION REFERRED: #26 Opposed MOTION for Leave to File First Amended Complaint . Referral Judge: Andrew W. Austin. (cc3) |
Filing 31 SUPPLEMENT to #30 Reply to Response to Motion, Exhibit 1 by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Proposed Order)(Montgomery, Leigh) |
Filing 30 REPLY to Response to Motion, filed by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder, re #26 Opposed MOTION for Leave to File First Amended Complaint filed by Plaintiff Natalie Heath, Plaintiff Kiara Hopkins, Plaintiff Tara Headrick, Plaintiff Brenna Wilder (Montgomery, Leigh) |
Filing 29 Response in Opposition to Motion, filed by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC, re #26 Opposed MOTION for Leave to File First Amended Complaint filed by Plaintiff Natalie Heath, Plaintiff Kiara Hopkins, Plaintiff Tara Headrick, Plaintiff Brenna Wilder (Attachments: #1 Proposed Order Denying Motion for Leave)(King, William) |
Filing 28 AMENDED ANSWER to Plaintiffs' Original Complaint filed by defendants. (cc3) |
Text Order GRANTING #27 Unopposed Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Defendants' first amended answer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 27 Unopposed MOTION for Leave to File Defendants' First Amended Answer by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC. (Attachments: #1 Exhibit A - Defendants' First Amended Answer, #2 Proposed Order Granting Motion for Leave to File Amended Answer)(King, William) |
Filing 26 Opposed MOTION for Leave to File First Amended Complaint by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Exhibit A, #2 Proposed Order)(Montgomery, Leigh) |
Filing 25 ADR Report Filed - by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC(King, William) |
Text Order WITHDRAWING #19 Motion for Conditional Certification Pursuant to Fair Labor Standards Act entered by Judge Robert Pitman. In light of Plaintiff's Motion to Withdraw (Dkt. 24) and this Court's text order granting it on January 19, 2021, IT IS ORDERED that Motion for Conditional Certification, (Dkt. 19), is WITHDRAWN. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Text Order GRANTING #24 Unopposed Motion to Withdraw entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 24 Unopposed MOTION to Withdraw #19 MOTION for Conditional Certification Pursuant to Fair Labor Standards Act. by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Montgomery, Leigh) |
Text Order REFERRING #19 Motion for Conditional Certification entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion for Conditional Certification is REFERRED to United States Magistrate Judge Andrew Austin for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
MOTION REFERRED: referred #19 MOTION for Conditional Certification Pursuant to Fair Labor Standards Act.. Referral Judge: Andrew W. Austin. (lt) |
Filing 23 RESPONSE to Motion, filed by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC, re #19 MOTION for Conditional Certification Pursuant to Fair Labor Standards Act. filed by Plaintiff Natalie Heath, Plaintiff Kiara Hopkins, Plaintiff Tara Headrick, Plaintiff Brenna Wilder (Attachments: #1 Declaration of M. Persinger, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Exhibit A4, #6 Exhibit A5, #7 Exhibit A6, #8 Exhibit A7, #9 Exhibit B, #10 Proposed Order)(King, William) |
Text Order GRANTING #22 Unopposed Motion for Extension of Time to File Response/Reply and Unopposed Motion for Leave to Exceed Pages entered by Judge Robert Pitman. IT IS ORDERED that Defendants shall respond to Plaintiffs' motion, (Dkt. 19), on or before January 8, 2021. IT IS FURTHER ORDERED that Defendants' response is limited to no more than 20 pages. The Court cautions Defendants to be as concise as possible. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Conditional Certification Pursuant to Fair Labor Standards Act. and for Leave to Exceed Page Limitations by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC. (Attachments: #1 Proposed Order)(King, William) |
Filing 21 SCHEDULING ORDER: ADR Report Deadline due by 2/12/2021, Motions for Amended Pleadings/Joinder of Parties due by 3/1/2021, Discovery due by 7/12/2021, Dispositive Motions due by 6/28/2021, Jury Trial set for 1/24/2022 at 09:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (lt) |
Filing 20 Minute Entry for proceedings held before Judge Robert Pitman: Initial Pretrial Conference held on 12/21/2020. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lt) |
Filing 19 MOTION for Conditional Certification Pursuant to Fair Labor Standards Act. by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Ellzey, Jarrett) |
Filing 18 ORDER, ( Initial Pretrial Conference set for 12/21/2020 at 09:20 AM before Judge Robert Pitman,). Signed by Judge Robert Pitman. (dm) |
Filing 17 Proposed Scheduling Order Agreed by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Montgomery, Leigh) Modified on 12/11/2020 (lt). |
Filing 16 NOTICE of Consent to Sue Form For Andrea Harris by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder (Attachments: #1 Exhibit 1)(Montgomery, Leigh) |
Filing 15 NOTICE Of Consent to Sue Form For Amanda Langley by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder (Attachments: #1 Exhibit 1)(Montgomery, Leigh) |
Filing 14 ORDER GRANTING Alejandro Marin's #12 Motion to Appear Pro Hac Vice for and on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (jv2) |
Filing 13 ORDER GRANTING #11 John P. Kristensen's Motion to Appear Pro Hac Vice for and on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (jv2) Modified on 11/17/2020 (jv2). |
Filing 12 MOTION to Appear Pro Hac Vice by Jarrett Lee Ellzey Alejandro Marin ( Filing fee $ 100 receipt number 0542-14170301) by on behalf of Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Proposed Order)(Ellzey, Jarrett) |
Filing 11 MOTION to Appear Pro Hac Vice by Jarrett Lee Ellzey John P. Kristensen ( Filing fee $ 100 receipt number 0542-14170118) by on behalf of Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Proposed Order)(Ellzey, Jarrett) |
Filing 10 NOTICE of Consent to Sue Form for Vanessa Ramon by Natalie Heath (Attachments: #1 Exhibit 1)(Montgomery, Leigh) |
Filing 9 Defendants' ANSWER to #1 Plaintiffs' Original Complaint by TFS Dining, LLC, RPM Dining, LLC, and Jon Persinger.(lt) |
Text Order GRANTING #8 Unopposed Motion for Leave to File entered by Judge Robert Pitman. For good cause shown, IT IS ORDERED that the Clerk of the Court shall file Defendant's answer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) |
Filing 8 Unopposed MOTION for Leave to File Defendants' Original Answer by Jon Persinger, RPM Dining, LLC, TFS Dining, LLC. (Attachments: #1 Exhibit A Defendants' Answer to Plaintiffs' Original Complaint, #2 Proposed Order Granting Defendant's Motion for Leave to File Answer)(Wallace, Casey) |
Filing 7 SUMMONS Returned Executed by Kiara Hopkins, Natalie Heath, Tara Headrick, Brenna Wilder. TFS Dining, LLC served on 9/12/2020, answer due 10/5/2020. (Ellzey, Jarrett) Modified on 10/7/2020 to correct service and answer date (lt). |
Filing 6 Certificate of Interested Parties by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Ellzey, Jarrett) |
Filing 5 Summons Issued as to RPM Dining, LLC d/b/a Yellow Rose, Jon Persinger. (Attachments: #1 Summons for Jon Persinger)(lt) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Attachments: #1 Supplement)(Ellzey, Jarrett) (Main Document 4 replaced on 8/28/2020 to flatten form) (lt). (Attachment 1 replaced on 8/28/2020 to flatten form) (lt). Modified on 8/28/2020 (lt). |
Filing 3 Summons Issued as to Kenny Doe, Jon Persinger, RPM Dining, LLC d/b/a Yellow Rose, TFS Dining, LLC. (dl) |
Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) |
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin. (dl) |
DEMAND for Trial by Jury by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (dl) |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Tara Headrick, Natalie Heath, Kiara Hopkins, Brenna Wilder. (Ellzey, Jarrett) (Main Document 2 replaced on 8/27/2020 to flatten image) (dl). |
Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13899703), filed by Kiara Hopkins, Natalie Heath, Tara Headrick, Brenna Wilder. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Heath Consent Form, #3 Exhibit 2 - Wilder Consent Form, #4 Exhibit 3 - Headrick Consent Form, #5 Exhibit 4 - Hopkins Consent Form, #6 Exhibit 5 - Heath AAA, #7 Exhibit 6 - Wilder AAA, #8 Exhibit 7 - Hopkins AAA)(Ellzey, Jarrett) (Attachment 1 replaced on 8/26/2020 to flatten image) (dl). |
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