Kyes v. Terex Corporation
| Dan Kyes |
| Terex Corporation |
| 2:2021cv00951 |
| July 16, 2021 |
| US District Court for the Western District of Washington |
| John C Coughenour |
| J Richard Creatura |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 MINUTE ORDER re Parties' #30 Stipulated Motion to Dismiss. The case is DISMISSED without prejudice and without costs or fees to any party. Authorized by U.S. District Judge John C. Coughenour. (SR) |
| Filing 30 Stipulated MOTION to Dismiss without prejudice, filed by Plaintiff Dan Kyes. (Attachments: #1 Proposed Order) Noting Date 2/3/2022, (Kovarik, Nicholas) |
Filing 29
SCHEDULING ORDER re Parties' #23 Joint Status Report and #28 Supplement Joint Status Report. Jury Trial is set for 6/12/2023 at 09:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. Joinder of Parties due by 9/1/2022, Amended Pleadings due by 9/15/2022, Plaintiff's Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/21/2022, Defendant's Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/21/2022, Rebuttal Expert Disclosure/Reports due by 11/4/2022, Discovery Motions due by 12/22/2022, Discovery to be completed by 1/13/2023, Dispositive motions due by 2/10/2023, Motions in Limine due by 5/18/2023, Agreed Pretrial Order due by 5/31/2023, Proposed Voir dire/jury instructions/trial briefs due by 6/9/2023.Signed by Judge J Richard Creatura. (SR)
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| Filing 28 Supplemental JOINT STATUS REPORT by Defendant Terex Corporation (Pankratz, Adam) Modified on 1/24/2022 to edit document title (SR). |
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Filing 27
ORDER re Parties' #23 Joint Status Report. The parties are directed to confer and provide the Court with the following information on or before 1/21/2022: (1) A proposed date for the commencement of trial;(2) The anticipated length of trial (number of days);(3) Any known scheduling conflicts related to the trial date, for counsel; and(4) Any other appropriate matters. Signed by Judge J Richard Creatura. (SR)
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| Filing 26 MINUTE ORDER Re: Upon review of the parties' Joint Status Report #23 , the Court declines to enter a scheduling order at this time. The Court will solicit further proposed dates from the parties after a ruling on a motion for class certification or at another appropriate future date. Entered at the direction of Judge J. Richard Creatura. (KAM) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Genie Industries, Inc., Other Affiliate Terex Washington, Inc. for Terex Corporation. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Terex Corporation (Pankratz, Adam) |
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Filing 24
MINUTE ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge John C. Coughenour and Judge J Richard Creatura for all further proceedings by Judge J Richard Creatura. (KAM)
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| Filing 23 JOINT STATUS REPORT signed by all parties. (Schreiber, Richard) |
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Filing 22
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew Dunlap for Plaintiff Dan Kyes, by Clerk Ravi Subramanian. #20 ORDER GRANTING MOTION TO WAIVE A PORTION OF LCR 83.1. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 21
ORDER re #5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Richard M Schreiber for Plaintiff Dan Kyes, by Clerk Ravi Subramanian. #20 ORDER GRANTING MOTION TO WAIVE A PORTION OF LCR 83.1. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 20
ORDER GRANTING MOTION TO WAIVE A PORTION OF LCR 83.1 signed by Judge J Richard Creatura, re #15 Motion to Waive a Portion of LCR 83.1 as it Pertains to the Applications for Leave to Appear Pro Hac Vice. (DK)
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| Filing 19 ANSWER to #1 Complaint, by Terex Corporation.(Pankratz, Adam) |
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Filing 18
ORDER GRANTING EXTENSION TO RESPOND TO COMPLAINT signed by Judge J Richard Creatura re #17 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint on or before 9/24/2021.(DK)
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| Noting Date Set for 9/24/2021 re #15 MOTION to Waive a Portion of LCR 83.1 as it pertains to the Applications for Leave to Appear Pro Hac Vice (Dkts #4 & #5 ). (GMR) |
| Filing 17 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, (Second), filed by Defendant Terex Corporation. (Attachments: #1 Proposed Order) Noting Date 9/10/2021, (Pankratz, Adam) |
| Filing 16 DECLARATION of Nicholas D. Kovarik filed by Plaintiff Dan Kyes re #15 MOTION to Waive a Portion of LCR 83.1 as it Pertains to the Applications for Leave to Appear Pro Hac Vice re #5 Application for Leave to Appear Pro Hac Vice, #4 Application for Leave to Appear Pro Hac Vice (Kovarik, Nicholas) |
| Filing 15 MOTION to Waive a Portion of LCR 83.1 as it Pertains to the Applications for Leave to Appear Pro Hac Vice re #5 Application for Leave to Appear Pro Hac Vice, #4 Application for Leave to Appear Pro Hac Vice , filed by Plaintiff Dan Kyes. (Attachments: #1 Proposed Order)(Kovarik, Nicholas) |
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Filing 14
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/20/2021, by Judge J Richard Creatura. (KAM)
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Filing 13
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge J Richard Creatura. (KAM)
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| JSR NOTED on motion calendar; Noting Date 10/20/2021. (KAM) |
| Filing 12 CONSENT filed by all parties to proceed before a Magistrate Judge. (KAM) |
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Filing 11
ORDER re #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Chris R Pace for Defendant Terex Corporation, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 10
ORDER granting #7 Stipulated Motion for Extension to Respond to Complaint, signed by Judge J Richard Creatura. Answer due 9/10/2021. (KAM)
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| Filing 9 APPLICATION OF ATTORNEY Chris R. Pace FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Terex Corporation (Fee Paid) Receipt No. AWAWDC-7227549 (Pankratz, Adam) |
| Filing 8 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 9/3/2021. Please Note: Forms must not be electronically filed with the Court. (KAM) |
| Filing 7 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, , filed by Defendant Terex Corporation. (Attachments: #1 Proposed Order) Noting Date 8/27/2021, (Pankratz, Adam) |
| Filing 6 NOTICE of Appearance by attorney Adam T Pankratz on behalf of Defendant Terex Corporation. (Pankratz, Adam) |
| Filing 5 APPLICATION OF ATTORNEY Richard M. Schreiber FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Dan Kyes (Fee Paid) Receipt No. AWAWDC-7223047 (Kovarik, Nicholas) |
| Filing 4 APPLICATION OF ATTORNEY Andrew W. Dunlap FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Dan Kyes (Fee Paid) Receipt No. AWAWDC-7223007 (Kovarik, Nicholas) |
| Filing 3 AFFIDAVIT of Service of Summons and Complaint on Terex Corporation on 8/6/2021, filed by Plaintiff Dan Kyes. (Kovarik, Nicholas) |
| Filing 2 Summons Electronically Issued as to defendant(s) Terex Corporation (SG) |
| Judge J Richard Creatura added. (SG) |
| Filing 1 COMPLAINT (Class and Collective Action) against defendant(s) Terex Corporation with JURY DEMAND (Receipt # AWAWDC-7168898) Attorney Nicholas D Kovarik added to party Dan Kyes(pty:pla), filed by Dan Kyes. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons)(Kovarik, Nicholas) |
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| Plaintiff: Dan Kyes | |
| Represented By: | Nicholas D Kovarik |
| Represented By: | Andrew W Dunlap |
| Represented By: | Richard M Schreiber |
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| Defendant: Terex Corporation | |
| Represented By: | Chris R Pace |
| Represented By: | Adam T Pankratz |
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