Petrea v. Midnight Express Auto Recovery, Inc. et al
| Kristie Petrea |
| Midnight Express Auto Recovery, Inc., Stacey Willette and Tony Willette |
| 3:2022cv00415 |
| June 2, 2022 |
| US District Court for the Eastern District of Virginia |
| John A Gibney |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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Filing 32
ORDER - This matter comes before the Court on the parties' joint motion for approval of the settlement agreement and dismissal of the case with prejudice. (ECF No. 27.) Upon due consideration, the Court GRANTS the motion. The Court APPROVES the settlement agreement as fair and adequate. The Court DISMISSES this matter with prejudice. The Court shall retain jurisdiction to enforce the terms of the settlement. Signed by District Judge John A. Gibney, Jr. on 1/11/2023. (smej, )
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| Filing 31 Minute Entry for proceedings held before District Judge John A. Gibney, Jr.:Motion Hearing held on 1/11/2023 re #27 Joint MOTION for Settlement Joint Motion for Approval of Settlement filed by Kristie Petrea ; the Court approves the settlement; an order will enter (Court Reporter G. Halasz, OCR.)(wtuc) |
| Reset as to #27 Joint MOTION for Settlement Joint Motion for Approval of Settlement: Motion Hearing set for 1/11/2023 at 10:00 AM in Richmond Courtroom 6100 before District Judge John A. Gibney, Jr. (only change - courtroom designation) (wtuc) |
| Filing 30 SUPPLEMENTAL Brief in Support to #27 Joint MOTION for Settlement Joint Motion for Approval of Settlement Plaintiff's Submission in Support of Attorney's Fees in Settlement filed by Kristie Petrea. (Attachments: #1 Exhibit Declaration of Craig Curwood, Esq., #2 Exhibit Declaration of Plaintiff's Counsel (Timothy Coffield), #3 Exhibit Time and expenses)(Coffield, Timothy) Modified on 12/23/2022 (smej, ). |
| Set as to #27 Joint MOTION for Settlement Joint Motion for Approval of Settlement: Motion Hearing set for 1/11/2023 at 10:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc) |
| Filing 29 Waiver of re #27 Joint MOTION for Settlement Joint Motion for Approval of Settlement Joint Waiver of Hearing on Motion for Settlement Approval by Kristie Petrea (Coffield, Timothy) |
| Filing 28 Memorandum in Support re #27 Joint MOTION for Settlement Joint Motion for Approval of Settlement filed by Kristie Petrea. (Attachments: #1 Proposed Settlement Agreement, #2 Proposed Consent Order on Joint Motion for Settlement Approval)(Coffield, Timothy) |
| Filing 27 Joint MOTION for Settlement Joint Motion for Approval of Settlement by Kristie Petrea. (Attachments: #1 Proposed Settlement Agreement, #2 Proposed Consent Order on Joint Motion for Settlement Approval)(Coffield, Timothy) |
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Filing 26
ORDER that the Court GRANTS the parties' #25 joint motion to stay the response deadline and STAYS the defendants' response deadline pending the Court's decision on the parties' forthcoming joint motion for FLSA settlement approval. Signed by District Judge John A. Gibney, Jr. on 12/9/2022. (jsmi, )
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| Filing 25 NOTICE by Kristie Petrea Notice of Settlement and Motion to Stay Response Deadline (Attachments: #1 Proposed Order Proposed Order on Motion to Stay Response Deadline Pending Settlement Approval)(Coffield, Timothy) |
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Filing 24
ORDER GRANTING SECOND CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION, JUDICIAL NOTICE, AND EQUITABLE TOLLING - It is hereby ORDERED that: The Parties' Consent Motion is GRANTED; Defendants' time to respond to the Plaintiff's Motion (ECF No. 19) shall be extended to December 9, 2022, and Plaintiffs deadline to file a reply shall be extended to December 23, 2022, while the Parties pursue settlement and resolution of the above-captioned dispute; and If the Parties reach settlement, the Parties shall promptly notify the Court. Signed by District Judge John A. Gibney, Jr. on 11/30/2022. (smej, )
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| Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Certify Class Motion for Conditional Collective Action Certification, Judicial Notice, and Equitable Tolling by Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette. (Attachments: #1 Proposed Order)(Bennett, Shaun) |
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Filing 22
ORDER - This matter comes before the Court on the parties' consent motion for an extension of time for the defendants to respond to the plaintiff's motion for conditional collective action certification. (ECF No. 21.) Upon due consideration, the Court GRANTS the motion. The defendants shall respond to the plaintiff's motion by November 25, 2022. The plaintiff may file a reply by December 9, 2022. Signed by District Judge John A. Gibney, Jr. on 10/18/2022. (smej, )
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| Filing 21 Consent MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Certify Class Motion for Conditional Collective Action Certification, Judicial Notice, and Equitable Tolling by Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette. (Attachments: #1 Proposed Order)(Bennett, Shaun) |
| Filing 20 Memorandum in Support re: #19 MOTION to Certify Class Motion for Conditional Collective Action Certification, Judicial Notice, and Equitable Tolling filed by Kristie Petrea. (Attachments: #1 Proposed Notice of Lawsuit with Consent to Join Form, #2 Proposed Short-Form Notice (Text Message), #3 Declaration of Kristie Petrea, #4 Sample Timecard (4/11-4/15/22), #5 Sample Paycheck (4/11-4 /15/22))(Coffield, Timothy). Attachment 5 replaced with redacted copy on 10/7/2022. Modified on 10/7/2022. (sbea) |
| Filing 19 MOTION to Certify Class Motion for Conditional Collective Action Certification, Judicial Notice, and Equitable Tolling by Kristie Petrea. (Attachments: #1 Proposed Notice of Lawsuit with Consent to Join Form, #2 Proposed Short-Form Notice (Text Message))(Coffield, Timothy) |
| Filing 18 Letter re Partial Motion to Dismiss Ripe for Consideration. (Vaquera, Kristina) Modified on 8/9/2022 (smej, ). |
| Filing 17 REPLY to Response to Motion re #14 MOTION to Dismiss for Failure to State a Claim of Plaintiff's Amended Complaint filed by Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette. (Vaquera, Kristina) |
| Filing 16 Memorandum in Opposition re: #14 MOTION to Dismiss for Failure to State a Claim of Plaintiff's Amended Complaint filed by Kristie Petrea (Coffield, Timothy). Memorandum in Opposition replaced at attorney's requeston 8/4/2022. NEF was regenerated. Modified on 8/4/2022. (sbea) |
| Filing 15 Memorandum in Support re #14 MOTION to Dismiss for Failure to State a Claim of Plaintiff's Amended Complaint filed by Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette. (Vaquera, Kristina) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim of Plaintiff's Amended Complaint by Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette. (Vaquera, Kristina) |
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Filing 13
ORDER - Because the plaintiffs filed the amended complaint after the defendants' motion to dismiss, the Court DENIES AS MOOT the defendants' motion to dismiss. (ECF No. 7.) SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr. on 7/13/2022. (smej, )
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| Filing 12 Memorandum in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Kristie Petrea. (Coffield, Timothy) |
| Filing 11 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Kristie Petrea. (Attachments: #1 Exhibit Kristie Petrea Consent to Opt-In and Become Party to Collective Action)(Coffield, Timothy) |
| Filing 10 Financial Interest Disclosure Statement (Local Rule 7.1) by Midnight Express Auto Recovery, Inc.. (Bennett, Shaun) (Main Document 10 replaced on 7/6/2022) (smej, ). |
| Filing 9 NOTICE of Appearance by Shaun Michael Bennett on behalf of Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette (Bennett, Shaun) |
| Filing 8 Memorandum in Support re #7 MOTION to Dismiss for Failure to State a Claim filed by Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette. (Vaquera, Kristina) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette. (Vaquera, Kristina) |
| Filing 6 NOTICE of Appearance by Kristina H. Vaquera on behalf of Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette (Vaquera, Kristina) |
| Filing 5 Summons Issued as to Midnight Express Auto Recovery, Inc., Stacey Willette, Tony Willette, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each 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. (smej, ) |
| Initial Case Assignment to District Judge John A. Gibney, Jr. (smej, ) |
| Filing 4 Proposed Summons re #1 Complaint Proposed Summons to Tony Willette by Kristie Petrea. (Coffield, Timothy) |
| Filing 3 Proposed Summons re #1 Complaint Proposed Summons to Stacey Willette by Kristie Petrea. (Coffield, Timothy) |
| Filing 2 Proposed Summons re #1 Complaint Proposed Summons to Midnight Express Auto Recovery, Inc. by Kristie Petrea. (Coffield, Timothy) |
| Filing 1 Complaint (Filing Fee: $402.00, Receipt Number: AVAEDC-8416031), filed by Kristie Petrea. (Attachments: #1 Exhibit Kristie Petrea Consent to Opt-In and Become Party to Collective Action, #2 Civil Cover Sheet) (Coffield, Timothy) |
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