Nelson et al v. Area Wide Protective, Inc. et al
Plaintiff: Carl Nelson and Khari Porter
Defendant: W.E.K. ENTERPRISES, LLC, Area Wide Protective, Inc. and Roadtek Traffic Solutions LLC
Case Number: 1:2021cv00895
Filed: August 4, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Michael S Nachmanoff
Referring Judge: Anthony J Trenga
Nature of Suit: Labor: Fair Standards
Cause of Action: 05 U.S.C. ยง 704
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2021 Filing 41 Consent MOTION to Continue Rule 16(b) Pretrial Conference by Area Wide Protective, Inc.. (Attachments: #1 Proposed Order re Consent Motion to Continue Rule 16(b) Pretrial Conference (Nelson v. AWP 1-21-cv-00895))(Klass, David)
September 30, 2021 Filing 40 NOTICE of Appearance by Blaire Hawkins O'Brien on behalf of W.E.K. ENTERPRISES, LLC (O'Brien, Blaire)
September 29, 2021 Filing 39 Reply to #30 Opposition filed by Carl Nelson, Khari Porter. (Mundaca, Francisco)
September 29, 2021 Filing 38 Reply to #27 Response in Opposition to Motion, filed by Carl Nelson, Khari Porter. (Mundaca, Francisco)
September 28, 2021 Opinion or Order Filing 37 SO ORDERED that the re #36 Motion for Extension of Time to File Response/Reply is GRANTED. Plaintiffs are directed to file their Replies in Support of their Motion for Conditional Certification no later than September 29, 2021. Signed by Magistrate Judge Michael S. Nachmanoff on 9/28/2021. (lcre, )
September 27, 2021 Filing 36 MOTION for Extension of Time to File Response/Reply as to #27 Response in Opposition to Motion, #30 Opposition by Carl Nelson, Khari Porter. (Attachments: #1 Proposed Order)(Mundaca, Francisco)
September 23, 2021 Set/Reset Deadlines as to #6 MOTION to Certify Class (Conditional), #28 MOTION to Dismiss for Failure to State a Claim and Compel Arbitration. Motion Hearing set for 10/20/2021 at 10:00 AM before District Judge Anthony J Trenga. (clar, )
September 23, 2021 Filing 35 Notice of Hearing Date re #7 Memorandum in Support, #6 MOTION to Certify Class (Conditional) (Mundaca, Francisco)
September 23, 2021 Filing 34 Notice of Hearing Date re #28 MOTION to Dismiss for Failure to State a Claim and Compel Arbitration (Capps, Jeremy)
September 22, 2021 Set Deadlines as to #25 MOTION to Compel Arbitration or in the Alternative for Partial Dismissal. Motion Hearing set for 10/20/2021 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )
September 22, 2021 Filing 33 Notice of Hearing Date set for 10/20/2021 re #25 MOTION to Compel Arbitration or in the Alternative for Partial Dismissal (Klass, David)
September 22, 2021 Opinion or Order Filing 32 SCHEDULING ORDER: Initial Pretrial Conference set for 10/13/2021 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Final Pretrial Conference set for 2/17/2022 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 2/11/2022. Signed by District Judge Anthony J. Trenga on 9/22/2021. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
September 22, 2021 Filing 31 Declaration re #30 Opposition of Brandon Edwards by W.E.K. ENTERPRISES, LLC. (Capps, Jeremy)
September 22, 2021 Notice of Correction re #28 MOTION to Dismiss for Failure to State a Claim and Compel Arbitration. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, )
September 22, 2021 Notice of Correction re #25 MOTION to Compel Arbitration or in the Alternative for Partial Dismissal. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, )
September 21, 2021 Filing 30 Opposition to #6 MOTION to Certify Class (Conditional) filed by W.E.K. ENTERPRISES, LLC. (Capps, Jeremy)
September 21, 2021 Filing 29 Brief in Support to #28 MOTION to Dismiss for Failure to State a Claim and Compel Arbitration filed by W.E.K. ENTERPRISES, LLC. (Attachments: #1 Affidavit Declaration of B. Edwards)(Capps, Jeremy)
September 21, 2021 Filing 28 MOTION to Dismiss for Failure to State a Claim and Compel Arbitration by W.E.K. ENTERPRISES, LLC. (Capps, Jeremy)
September 21, 2021 Filing 27 RESPONSE in Opposition re #6 MOTION to Certify Class (Conditional) filed by Area Wide Protective, Inc.. (Attachments: #1 Exhibit A to Response in Opposition to Plaintiff's Motion for Conditional Certification)(Klass, David)
September 21, 2021 Filing 26 Memorandum in Support re #25 MOTION to Compel Arbitration or in the Alternative for Partial Dismissal filed by Area Wide Protective, Inc.. (Attachments: #1 Exhibit A to Memorandum in Support of Motion to Compel, #2 Exhibit B to Memorandum in Support of Motion to Compel, #3 Exhibit C to Memorandum in Support of Motion to Compel, #4 Exhibit D to Memorandum in Support of Motion to Compel, #5 Exhibit E to Memorandum in Support of Motion to Compel, #6 Exhibit F to Memorandum in Support of Motion to Compel, #7 Exhibit G to Memorandum in Support of Motion to Compel, #8 Exhibit H to Memorandum in Support of Motion to Compel)(Klass, David)
September 21, 2021 Filing 25 MOTION to Compel Arbitration or in the Alternative for Partial Dismissal by Area Wide Protective, Inc.. (Klass, David)
September 15, 2021 Opinion or Order Filing 24 ORDER granting #23 Motion for Pro hac vice Appointed Scott Matthew Zurakowski for Area Wide Protective, Inc. Signed by District Judge Anthony J Trenga on 9/15/2021. (kgall)
September 14, 2021 Filing 23 Motion to appear Pro Hac Vice by Scott Matthew Zurakowski and Certification of Local Counsel David I. Klass Filing fee $ 75, receipt number AVAEDC-7995111. by Area Wide Protective, Inc.. (Attachments: #1 Exhibit 1-Application for Admission Pro Hac Vice (SMZ), #2 Exhibit 2-Declaration of Zurakowski, #3 Proposed Order)(Klass, David)
September 9, 2021 Opinion or Order Filing 22 ORDER granting #21 Motion for Pro hac vice Appointed Edward N. Boehm, Jr for Area Wide Protective, Inc. Signed by District Judge Anthony J Trenga on 9/9/2021. (kgall)
September 8, 2021 Filing 21 Motion to appear Pro Hac Vice by Edward N. Boehm, Jr. and Certification of Local Counsel David I. Klass Filing fee $ 75, receipt number AVAEDC-7985679. by Area Wide Protective, Inc.. (Attachments: #1 Exhibit 1-Application to Qualify As A Foreign Attorney Under LCR 83.1 (D), #2 Exhibit 2-Declaration of Edward N. Boehm, Jr., #3 Proposed Order re: Pro Hac Vice Admission of Edward N. Boehm)(Klass, David)
September 7, 2021 Opinion or Order Filing 20 ORDER granting #18 Motion for Extension of Time to Answer Area Wide Protective, Inc. answer due 9/21/2021. Signed by Magistrate Judge Michael S. Nachmanoff on 09/07/2021. (dvanm, )
September 3, 2021 Filing 19 Memorandum in Support re #18 Consent MOTION for Extension of Time to File Answer re #1 Complaint filed by Area Wide Protective, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Klass, David)
September 3, 2021 Filing 18 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Area Wide Protective, Inc.. (Klass, David)
September 3, 2021 Filing 17 Financial Interest Disclosure Statement (Local Rule 7.1) by Area Wide Protective, Inc.. (Klass, David)
September 3, 2021 Filing 16 NOTICE of Appearance by David Isaac Klass on behalf of Area Wide Protective, Inc. (Klass, David)
September 3, 2021 Opinion or Order Filing 15 ORDER granting #13 Motion for Extension of Time to Answer W.E.K. ENTERPRISES, LLC answer due 9/21/2021. Signed by Magistrate Judge Michael S. Nachmanoff on 09/03/2021. (dvanm, )
September 2, 2021 Filing 14 Waiver of re #13 Consent MOTION for Extension of Time to File Answer by W.E.K. ENTERPRISES, LLC (Capps, Jeremy)
September 2, 2021 Filing 13 Consent MOTION for Extension of Time to File Answer by W.E.K. ENTERPRISES, LLC. (Attachments: #1 Exhibit 1 - Proposed Order)(Capps, Jeremy)
September 2, 2021 Filing 12 NOTICE of Appearance by Jeremy David Capps on behalf of W.E.K. ENTERPRISES, LLC (Capps, Jeremy)
August 30, 2021 Filing 11 AFFIDAVIT of Service for Summons [Docs 5 and 5-1]; Class Action Complaint [Docs 1 and 1-1]; Cover Sheet [Doc 2]; Motion for Conditional Class Certification [Docs 6 - 7-5]; and Pro Hac Vice Motion [Docs 8 - 8-3] served on W.E.K. Enterprises, LLC, fka Roadtek Traffic Solutions LLC c/o Brandon S. Edwards, Registered Agent on August 16, 2021, filed by Carl Nelson, Khari Porter. (Mundaca, Francisco)
August 17, 2021 Filing 10 AFFIDAVIT of Service for Summons [Docs 5 and 5-1]; Class Action Complaint [Docs 1 and 1-1]; Cover Sheet [Doc 2]; Motion for Conditional Class Certification [Docs 6 - 7-5]; and Pro Hac Vice Motion [Docs 8 - 8-3] served on Area Wide Protective, Inc., c/o Corporation Service Company on August 9, 2021, filed by Carl Nelson, Khari Porter. (Mundaca, Francisco)
August 5, 2021 Opinion or Order Filing 9 ORDER granting #8 Motion for Pro hac vice Appointed Robert Wesley Thayer Tucci. Signed by District Judge Anthony J Trenga on 08/05/2021. (jlan)
August 5, 2021 Filing 8 Motion to appear Pro Hac Vice by Robert Wesley Thayer Tucci and Certification of Local Counsel Francisco Mundaca Filing fee $ 75, receipt number AVAEDC-7929955. by Carl Nelson, Khari Porter. (Attachments: #1 Affidavit Supporting PHV Motion and Application, #2 Application, #3 Proposed Order)(Mundaca, Francisco)
August 5, 2021 Filing 7 Memorandum in Support re #6 MOTION to Certify Class (Conditional) filed by Carl Nelson, Khari Porter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Mundaca, Francisco)
August 5, 2021 Filing 6 MOTION to Certify Class (Conditional) by Carl Nelson, Khari Porter. (Attachments: #1 Proposed Order)(Mundaca, Francisco)
August 4, 2021 Filing 5 Summons Issued as to Area Wide Protective, Inc., W.E.K. ENTERPRISES, LLC. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(dvanm, )
August 4, 2021 Filing 4 Proposed Summons re #1 Complaint by Carl Nelson, Khari Porter. (Mundaca, Francisco) (Main Document 4 replaced on 8/4/2021) (dvanm, ). Modified to replace PDF fillable form on 8/4/2021 (dvanm, ).
August 4, 2021 Filing 3 Proposed Summons re #1 Complaint by Carl Nelson, Khari Porter. (Mundaca, Francisco) (Main Document 3 replaced on 8/4/2021) (dvanm, ). Modified to replace PDF fillable document on 8/4/2021 (dvanm, ).
August 4, 2021 Filing 2 Civil Cover Sheet by Carl Nelson, Khari Porter. (Mundaca, Francisco)
August 4, 2021 Filing 1 Complaint ( Filing fee $ 402, receipt number BVAEDC-7927416.), filed by Carl Nelson, Khari Porter. (Attachments: #1 Exhibit A - FLSA Consent Forms)(Mundaca, Francisco)
August 4, 2021 Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Michael S. Nachmanoff. (dvanm, )

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Defendant: W.E.K. ENTERPRISES, LLC
Represented By: Jeremy David Capps
Represented By: Blaire Hawkins O'Brien
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Defendant: Area Wide Protective, Inc.
Represented By: David Isaac Klass
Represented By: Edward N. Boehm, Jr.
Represented By: Scott Matthew Zurakowski
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Defendant: Roadtek Traffic Solutions LLC
Represented By: Jeremy David Capps
Represented By: Blaire Hawkins O'Brien
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Plaintiff: Carl Nelson
Represented By: Francisco Egbert Mundaca
Represented By: Robert Wesley Thayer Tucci
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Plaintiff: Khari Porter
Represented By: Francisco Egbert Mundaca
Represented By: Robert Wesley Thayer Tucci
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