Brown, et al. v. Energy Services Group International, Inc.
Plaintiff: Kenneth Brown and Mark Baron
Defendant: Energy Services Group International, Inc.
Case Number: 3:2021cv00611
Filed: September 21, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Robert E Payne
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2021 Opinion or Order Filing 23 ORDER that Defendant's #11 MOTION TO DISMISS UNDER RULE 12(b)(6) is DENIED without prejudice; By November 22, 2021, counsel for the plaintiffs shall file an AMENDED COMPLAINT; By December 3, 2021, counsel for the defendant shall file its answer and any motions in response to the AMENDED COMPLAINT. Signed by District Judge Robert E. Payne on 11/17/2021. (jsmi, )
November 18, 2021 Opinion or Order Filing 22 NOTICE of Appearance by Rachael Luzietti Loughlin on behalf of Energy Services Group International, Inc. (Loughlin, Rachael)
November 17, 2021 Opinion or Order Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held telephonically on 11/17/2021. (nbrow)
November 12, 2021 Opinion or Order Filing 21 Decline Consent to Jurisdiction by US Magistrate Judge by Energy Services Group International, Inc.. (McKenna, Joan)
November 12, 2021 Opinion or Order Filing 20 Consent to Jurisdiction by US Magistrate Judge by Mark Baron, Kenneth Brown. (Antell, Zev)
November 9, 2021 Opinion or Order Filing 19 Memorandum in Support re: #18 MOTION to Certify Class Plaintiffs' Motion for Conditional Certification and Notice filed by Mark Baron, Kenneth Brown. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, #6 Exhibit Ex 6, #7 Exhibit Ex 7, #8 Exhibit Ex 8, #9 Exhibit Ex 9, #10 Exhibit Ex 10, #11 Exhibit Ex 11)(Antell, Zev). Modified docket text on 11/10/2021. (sbea)
November 9, 2021 Opinion or Order Filing 18 MOTION to Certify Class Plaintiffs' Motion for Conditional Certification and Notice by Mark Baron, Kenneth Brown. (Attachments: #1 Proposed Order)(Antell, Zev)
November 5, 2021 Opinion or Order Filing 17 REPLY to Response to Motion re #11 MOTION to Dismiss for Failure to State a Claim filed by Energy Services Group International, Inc.. (McKenna, Joan)
November 3, 2021 Opinion or Order Filing 16 ORDER that counsel shall confer with their respective clients and with each other to determine whether the parties will consent to assignment of the case to a Magistrate Judge as the presiding judicial officer. To that end, counsel for the plaintiff shall assure that the foregoing conferences occur not later than November 11, 2021, and that the Court is informed not later than 5:00 p.m. November 12, 2021 whether such consents (by all parties) have been given; and, to avoid confusion, counsel for each party shall file, not later than 5:00 p.m. November 12, 2021, a Statement Respecting Consent wherein the position of the party (whether consenting or not) shall be clearly set forth. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 11/3/3021. (sbea)
November 1, 2021 Opinion or Order Filing 15 SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/01/2021. (Attachment: #1 Schedule A)(nbrow)
November 1, 2021 Opinion or Order Filing 14 ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 11/17/2021 at 11:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/01/2021. (nbrow)
October 29, 2021 Opinion or Order Filing 13 RESPONSE in Opposition re #11 MOTION to Dismiss for Failure to State a Claim Brown and Baron's Response in Opposition to ESGI's Motion to Dismiss Under Rule 12(b)(6) filed by Mark Baron, Kenneth Brown. (Antell, Zev)
October 15, 2021 Opinion or Order Filing 12 Memorandum in Support re #11 MOTION to Dismiss for Failure to State a Claim filed by Energy Services Group International, Inc.. (Attachments: #1 Exhibit A - M. Baron Employment Agreement, #2 Exhibit B - K. Brown Employment Agreement)(McKenna, Joan)
October 15, 2021 Opinion or Order Filing 11 MOTION to Dismiss for Failure to State a Claim by Energy Services Group International, Inc.. (McKenna, Joan)
October 15, 2021 Opinion or Order Filing 10 Energy Services Group International, Inc. ANSWER to Complaint and Affirmative Defenses by Energy Services Group International, Inc..(McKenna, Joan)
September 27, 2021 Opinion or Order Filing 9 ORDER granting #6 Motion for Richards Mark Schreiber to appear as Pro Hac Vice for Kenneth Brown and Mark Baron. Signed by Senior United States District Judge Robert E. Payne on 9/27/2021. (sbea,)
September 27, 2021 Opinion or Order Filing 8 ORDER granting #5 Motion for Michael Andrew Josephson to appear as Pro Hac Vice for Kenneth Brown and Mark Baron. Signed by Senior United States District Judge Robert E. Payne on 9/27/2021. (sbea,)
September 27, 2021 Opinion or Order Filing 7 ORDER granting #4 Motion for Andrew Wells Dunlap to appear as Pro Hac Vice for Kenneth Brown and Mark Baron. Signed by Senior United States District Judge Robert E. Payne on 9/27/2021. (sbea,)
September 22, 2021 Opinion or Order Filing 6 Motion to appear Pro Hac Vice by Richard Mark Schreiber and Certification of Local Counsel Zev Antell Filing fee $ 75, receipt number AVAEDC-8008970. by Mark Baron, Kenneth Brown. (Antell, Zev)
September 22, 2021 Opinion or Order Filing 5 Motion to appear Pro Hac Vice by Michael Andrew Josephson and Certification of Local Counsel Zev Antell Filing fee $ 75, receipt number AVAEDC-8008947. by Mark Baron, Kenneth Brown. (Antell, Zev)
September 22, 2021 Opinion or Order Filing 4 Motion to appear Pro Hac Vice by Andrew Wells Dunlap and Certification of Local Counsel Zev Antell Filing fee $ 75, receipt number AVAEDC-8008914. by Mark Baron, Kenneth Brown. (Antell, Zev)
September 21, 2021 Opinion or Order Filing 3 Summons Issued as to Energy Services Group International, Inc. **NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for the Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (sbea,)
September 21, 2021 Opinion or Order Filing 2 Proposed Summons re #1 Complaint, by Mark Baron, Kenneth Brown. (Antell, Zev)
September 21, 2021 Opinion or Order Filing 1 Complaint (Filing Fee: $402, Receipt Number: AVAEDC-8007647), filed by Kenneth Brown, Mark Baron. (Attachments: #1 Exhibit Ex A Consent of Mark Baron, #2 Exhibit Ex B Consent of Kenneth Brown, #3 Civil Cover Sheet)(Antell, Zev). Modified docket text on 9/21/2021. (sbea,)
September 21, 2021 Opinion or Order Notice of Correction re: #1 Complaint; Clerk corrected style of case. (sbea,)
September 21, 2021 Opinion or Order Initial Case Assignment to District Judge Robert E. Payne. (sbea,)

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Plaintiff: Kenneth Brown
Represented By: Zev Hillel Antell
Represented By: Harris Dewey Butler, III
Represented By: Andrew Wells Dunlap
Represented By: Michael Andrew Josephson
Represented By: Richards Mark Schreiber
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Plaintiff: Mark Baron
Represented By: Zev Hillel Antell
Represented By: Harris Dewey Butler, III
Represented By: Andrew Wells Dunlap
Represented By: Michael Andrew Josephson
Represented By: Richards Mark Schreiber
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Defendant: Energy Services Group International, Inc.
Represented By: Joan C. McKenna
Represented By: Rachael Luzietti Loughlin
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