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 87 |
Filed: 9/14/2018, Entered: 9/17/2018 |
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MANDATE of USCA as to 82 Notice of Appeal filed by GCC Moving, LLC, 55200C7. Appeal 82 Terminated (Paine, Matthew)
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| 86 |
Filed: 9/14/2018, Entered: 9/17/2018 |
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USCA Judgment as to 82 Notice of Appeal filed by GCC Moving, LLC, 55200C7 (Paine, Matthew)
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Request |
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| 85 |
Filed: 9/13/2018, Entered: 9/13/2018 |
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STIPULATION of Dismissal by 55200C7, GCC Moving, LLC. (Brainsky, Eric)
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Request |
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| 84 |
Filed: 5/15/2018, Entered: 5/15/2018 |
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USCA Case Number 18-1447 for 82 Notice of Appeal filed by GCC Moving, LLC, 55200C7. (Paine, Matthew)
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| 83 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 82 Notice of Appeal (Paine, Matthew)
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Request |
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| 82 |
Filed: 5/11/2018, Entered: 5/11/2018 |
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NOTICE OF APPEAL 80 Electronic Order, 81 Judgment by 55200C7, GCC Moving, LLC Filing fee: $ 505, receipt number 0101-7135494 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/31/2018. (Brainsky, Eric) (Modified on 5/14/2018 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew).
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| 81 |
Filed: 4/12/2018, Entered: 4/12/2018 |
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Judge Richard G. Stearns: ORDER entered. JUDGMENT. (Pacho, Arnold)
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Request |
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| 80 |
Filed: 4/12/2018, Entered: 4/12/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 48 Motion for Summary Judgment; granting 52 Motion for Summary Judgment. From March of 2012 to August of 2015, GCC Moving, LLC, and 55200C7 d/b/a GCC Moving, provided last-mile delivery services for Big E Transportation LLC, and its corporate parent, Estes Express Lines, Corp. Plaintiffs allege that they were misclassified to their detriment as independent contractors, in violation of Mass. Gen. Laws ch. 149, § 148B (the Independent Contractor Statute). They seek recovery of insurance, payroll taxes, and other business expenses under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, § 150 (Count I), or in the alternative, pursuant to a theory of unjust enrichment (Count II). Discovery having been completed, defendants move for summary judgment.The court agrees with defendants that because GCC Moving did not provide services to Big E/Estes as an "individual," the Independent Contractor Statute does not apply. Under section 148B, a worker is properly classified as an independent contractor if the employer can show that: (1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and... (3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.(emphasis added.) Fn.1. "[I]t is clear that the law applies only to individuals who have been misclassified as independent contractors - not companies." Weinberg v. Grand Circle Travel, LCC, 891 F. Supp. 2d 228, 240 (D. Mass. 2012) (emphasis in original). In a 2008 Advisory Opinion,... the Massachusetts Attorney General used a hypothetical to explain the application of the law:For example, if painting company X cannot finish a painting job and hires painting company Y as a subcontractor to finish the painting job, provided that all of the individuals performing the painting are employees of company Y, then the Law does not apply. However, if painting company X hires individuals as independent contractors to finish the painting job, then this would be a violation of prong two and a misclassification under the Law.Attorney General's Fair Labor Division on Mass. Gen. Laws ch. 149, § 148B, Op. Att'y Gen. Mass. 5 (2008) (emphasis added) (noting "[t]he Law is focused on the misclassification of individuals").
Id. n.6.While plaintiffs correctly note that Weinstein does not bar claims by an individual who happens to have also incorporated, see Martins v. 3PD, Inc., 2013 WL 1320454, at *16 (D. Mass. Mar. 28, 2013), the undisputed material facts demonstrate that at least within the three-years limitations period, Fn.2, 55200C7 functioned as a manager for GCC Moving, and did not provide driving services to Big E/Estes in an individual capacity. GCC Moving LLC was formally incorporated in November of 2014. In March of 2012, 55200C7 entered into an Independent Contractor Operating Agreement (ICOA) with Big E in the name of "G.C.C. Moving Co." 2012 ICOA (Dkt # 49-10) at BIGE_00004; BIGE_00026 (indicating status of G.C.C. Moving as a "Limited Liability Company"). Initially, 55200C7 leased one truck from Big E, and personally drove it. In May of 2012, 55200C7 leased a second truck and brought on an additional driver. 55200C7 added a third truck and driver in the fall of 2012. See 55200C7 Dep. Tr. (Dkt # 49-5) at 125. By the beginning of the limitation period (this case was filed on July 26, 2016), in July of 2013, 55200C7 had expanded GCC Moving's operations to 8 trucks. See Big E Contractor Settlement Summaries for GCC Moving June-September 2013 (Dkt # 49-21). At around the same time, 55200C7 stopped driving on a daily basis. See id. (listing 55200C7 as a driver for only two weeks between June and September of 2013); Big E Contractor Settlement Summaries for GCC Moving October 2013-August 2015 (Dkt # 49-22) (55200C7 not listed as a driver). "Cook specifically testified that his reduction in driving time was so he could run GCC Moving and oversee and ensure daily delivery services." Pls.' Response to Big E's Statement of Material Facts (RSMF-Big E) (Dkt # 67) para. 62. 55200C7 continued to drive thereafter only on a part-time basis to fill in for drivers who were sick or on vacation.Id. At its zenith, GCC Moving operated thirteen trucks out of seven terminals in four different states. RSMF-BIG E para. 63. Over the course of the relationship with Big E/Estes, GCC Moving employed over 20 different drivers. Id. para. 64. From 2012 onwards, 55200C7 engaged a payroll service. Id. para. 70. He also hired a bookkeeper and paid himself the profits made by GCC Moving. Id. paras. 73, 86. Unlike the average GCC Movings driver who was were paid about $48,000 annually, 55200C7 netted approximately $110,000 in 2013, and $98,000 in 2014. Id. para. 86. "[T]he undisputed factual record in this case shows that the work performed under [GCC Moving]'s contract with [Big E] involved far more than [Cook's] personal services." Debnam v. FedEx Home Delivery, 2013 WL 5434142, at *1 (D. Mass. Sept. 27, 2013). In Debnam, the court concluded that a FedEx driver's extensive and entrepreneurial activities precluded the application of section 148B.It is undisputed that Debnam simultaneously operated up to nine delivery routes, each route requiring the employment of a separate driver and vehicle. Over the course of five years, his businesses employed sixty other drivers to perform the work. He filed business tax returns, which disclose substantial business income. In short, the plaintiff's relationship with FedEx Ground was that of what the Massachusetts Attorney General's advisory terms a "legitimate independent contractor" in a "business-to-business relationship." On the undisputed facts, he cannot, as a matter of law, be considered an "individual" within the meaning of § 148B. Cf. Clinton v. City of New York, 524 U.S. 417, 428 n.13 (1998) (individual refers to single human being and does not include business entities). Consequently, he has no viable claim under Massachusetts General Laws chapter 149, § 150.
Id. Likewise, the evidence in this case conclusively establishes that 55200C7 operated GCC Moving as a business of his own, taking him outside the scope of section 148B.The court also rejects plaintiffs' contention that defendants are collaterally estopped from asserting that plaintiffs were not employees. Plaintiffs rely on an alleged determination by the Department of Industrial Accidents (DIA) that Timothy Dyer, a driver for GCC Moving, was an employee of Estes. There is no evidence in the record of any such binding judgment on the merits. Nor even assuming such, Fn.3, plaintiffs have not established that that they are in privity with Dyer, or that Dyer's relationship with Estes was identical in relevant respects. See Gonzalez v. Banco Cent. Corp., 27 F.3d 751, 755 (1st Cir. 1994) ("[T]he elements of res judicata are (1) a final judgment on the merits in an earlier suit, (2) sufficient identicality between the causes of action asserted in the earlier and later suits, and (3) sufficient identicality between the parties in the two suits.").Finally, the courts finds as MOOT plaintiffs' request to strike or exclude the Crandall Report as the court has not relied on its contents in reaching its decision. Plaintiffs having not identified during discovery the Doe defendants named in the Complaint, they are DISMISSED. See Kemper Ins. Companies, Inc. v. Fed. Exp. Corp., 115 F. Supp. 2d 116, 125 (D. Mass. 2000), affd sub nom. Kemper Ins. Companies v. Fed. Exp. Corp., 252 F.3d 509 (1st Cir. 2001) ("Fictitious parties must eventually be dismissed, if discovery yields no identities." (quoting Scheetz v. Morning Call, Inc., 130 F.R.D. 34, 37 (E.D. Pa. 1990)). The Clerk will enter judgment for Big E and Estes, and close the case.Fn.1. Prong 2 of the §148B has been found to be preempted by federal law as applied to motor carriers. See Schwann v. FedEx Ground Package Sys., Inc., 813 F.3d 429, 437-441 (1st Cir. 2016); see also Chambers v. RDI Logistics, Inc., 476 Mass. 95, 102-105 (2016) (prong 2 of the Independent Contractor Statute preempted but severable).Fn.2. The statute of limitations for both a Wage Act claim and the tort of unjust enrichment is three years. See Mass. Gen. Laws ch. 149, § 150; Mass. Gen. Laws ch. 260, § 2A.Fn.3. Defendants submitted as an exhibit to their reply brief DIA documents indicating that Dyer's worker compensation claim was in fact brought against GCC Moving. (RGS, int2)
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| 79 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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REPLY to Response to 52 MOTION for Summary Judgment filed by Estes Express Lines, Corp.. (Attachments: # 1 Exhibit A)(Woodard, David)
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Request |
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| 78 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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REPLY to Response to Motion re 48 MOTION for Summary Judgment filed by Big E Transportation, LLC. (Attachments: # 1 Exhibit A)(Spolyar, James) Modified docket text to reflect proper filing event 3/19/2018 (Pacho, Arnold).
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| 77 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 75 Motion for Leave to File Reply re Summary Judgment; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2)
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| 76 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 74 Motion for Leave to File Reply re Summary Judgment; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2)
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| 75 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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Assented to MOTION for Leave to File Reply in Support of Motion for Summary Judgment by Estes Express Lines, Corp.. (Attachments: # 1 Exhibit A - Reply in Support of Motion for Summary Judgment)(Woodard, David)
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| 74 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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Assented to MOTION for Leave to File a Reply in Support of its Motion for Summary Judgment by Big E Transportation, LLC. (Attachments: # 1 Exhibit A)(Spolyar, James)
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| 73 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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Objection to 64 Objection by Big E Transportation, LLC Opposition to Plaintiffs' Motion to Exclude Expert Report. (Spolyar, James)
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| 72 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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ELECTRONIC NOTICE issued requesting courtesy copies for 67 Statement of facts, 68 Memorandum in Opposition to Motion, 65 Memorandum of Law, 70 Statement of facts. Counsel who filed these documents are requested to submit courtesy copies to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Pacho, Arnold)
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| 71 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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MEMORANDUM in Opposition re 52 MOTION for Summary Judgment filed by GCC Moving, LLC. (Shaw, Matthew)
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| 70 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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STATEMENT of facts Statement of Disputed Facts. (Attachments: # 1 Exhibit Exhibits 1-5, # 2 Exhibit Exhibits 6-8, # 3 Exhibit Exhibits 9-11, # 4 Exhibit Exhibits 12-15)(Shaw, Matthew)
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Request |
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| 69 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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Opposition re 52 MOTION for Summary Judgment filed by GCC Moving, LLC. (Shaw, Matthew)
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Request |
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| 68 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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MEMORANDUM in Opposition re 48 MOTION for Summary Judgment filed by GCC Moving, LLC. (Shaw, Matthew)
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| 67 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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STATEMENT of facts Statement of Disputed Facts. (Attachments: # 1 Exhibit Exhibits 1-5, # 2 Exhibit Exhibits 6-8, # 3 Exhibit Exhibits 9-11, # 4 Exhibit Exhibits 12-15)(Shaw, Matthew)
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| 66 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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Opposition re 48 MOTION for Summary Judgment filed by GCC Moving, LLC. (Shaw, Matthew)
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| 65 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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MEMORANDUM OF LAW by GCC Moving, LLC. (Attachments: # 1 Exhibit)(Shaw, Matthew)
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| 64 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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Objection by GCC Moving, LLC To Expert Report, Or In The Alternative, To Strike Or Exclude. (Shaw, Matthew)
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Request |
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| 63 |
Filed: 2/28/2018, Entered: 2/28/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 62 Motion for Leave to File Excess Pages. Counsel should now file the Opposition including - Leave to file granted on 2/28/2018 - in the caption of the document. (Zierk, Marsha)
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| 62 |
Filed: 2/28/2018, Entered: 2/28/2018 |
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Assented to MOTION for Leave to File Excess Pages by GCC Moving, LLC.(Shaw, Matthew)
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| 61 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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Judge Richard G. Stearns: ORDER entered granting 60 Motion to Amend; granting 60 Motion to Seal. The exhibits identified in Big Es Amended Assented-To Motion To File Documents Under Seal shall be picked up by Big Es local counsel within 60 days of the final disposition of this case. (Zierk, Marsha)
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| 60 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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MOTION to Amend , Assented to MOTION to Seal Documents ( Responses due by 3/12/2018) by Big E Transportation, LLC. (Attachments: # 1 Text of Proposed Order Order Granting Amended Assented-To Motion to File Documents Under Seal)(Spolyar, James)
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Request |
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| 59 |
Filed: 1/29/2018, Entered: 1/29/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 58 Motion for Extension of Time until 3/3/18 to oppose summary judgment motion. (RGS, int2)
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| 58 |
Filed: 1/26/2018, Entered: 1/26/2018 |
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Assented to MOTION for Extension of Time to March 3, 2018 to Respond to Motions for Summary Judgment by 55200C7, GCC Moving, LLC.(Levinson, Michael)
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Request |
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| 57 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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NOTICE of Appearance by Matthew I. Shaw on behalf of GCC Moving, LLC (Shaw, Matthew)
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Request |
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| 56 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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NOTICE of Appearance by Eric S. Brainsky on behalf of GCC Moving, LLC (Brainsky, Eric)
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Request |
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| 55 |
Filed: 1/16/2018, Entered: 1/16/2018 |
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ELECTRONIC NOTICE issued requesting courtesy copy for 53 Statement of facts, 54 Memorandum in Support of Motion, 52 MOTION for Summary Judgment . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Caruso, Stephanie)
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| 54 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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MEMORANDUM in Support re 52 MOTION for Summary Judgment filed by Estes Express Lines, Corp.. (Woodard, David)
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| 53 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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STATEMENT of facts re 52 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A - Deposition Excerpts to Deposition of Steve Sproles, # 2 Exhibit B - Excerpts from the Deposition of Keith Davis, # 3 Exhibit C (1 of 3) - Excerpts of the Deposition of Gary C. 55200C7, # 4 Exhibit C (2 of 3) - Redacted Exhibits from the Deposition of Gary C. 55200C7, # 5 Exhibit C (3 of 3) - Redacted Exhibits from the Deposition of Gary C. 55200C7)(Woodard, David)
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| 52 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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MOTION for Summary Judgment by Estes Express Lines, Corp..(Woodard, David)
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Request |
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| 51 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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ELECTRONIC NOTICE issued requesting courtesy copy for 48 MOTION for Summary Judgment , 49 Statement of Material Facts L.R. 56.1,,,,, 50 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Caruso, Stephanie)
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Request |
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| 50 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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MEMORANDUM in Support re 48 MOTION for Summary Judgment filed by Big E Transportation, LLC. (Spolyar, James)
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Request |
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| 49 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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Statement of Material Facts L.R. 56.1 re 48 MOTION for Summary Judgment filed by Big E Transportation, LLC. (Attachments: # 1 Exhibit A - Declaration of Steve Sproles, # 2 Exhibit B - Deposition of Steve Sproles (Excerpts), # 3 Exhibit C - Deposition of Keith Davis (Excerpts), # 4 Exhibit D - Expert Report of Robert Crandall, # 5 Exhibit E - Deposition of 55200C7 (Excerpts), # 6 Exhibit F - Rhode Island Entity Summary, # 7 Exhibit G - Letter on Application for operating authority, # 8 Exhibit H - FMCSA Carrier Summary, # 9 Exhibit I - Applications, # 10 Exhibit J - 2012 ICOA, # 11 Exhibit K - 2013 ICOA Attachments, # 12 Exhibit L - Plaintiffs' Initial Disclosures, # 13 Exhibit M - 2015 ICOA, # 14 Exhibit N - Paychex Records, # 15 Exhibit O - Quarterly Tax Returns, # 16 Exhibit P - Business Records, # 17 Exhibit Q - 2012 Tax Returns (under seal), # 18 Exhibit R - 2014 Tax Returns (under seal), # 19 Exhibit S - 2015 Tax Returns (under seal), # 20 Exhibit T - Settlements Mar. 2012 to June 2013, # 21 Exhibit U - Settlements June 2013 to Sept. 2013, # 22 Exhibit V - Settlements Oct. 2013 to Aug. 2015)(Spolyar, James) (Additional attachment(s) added on 1/12/2018: # 23 Exhibit Q Sealed, # 24 Exhibit R Sealed, # 25 Exhibit R Part 2 Sealed, # 26 Exhibit S Sealed) (Caruso, Stephanie).
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| 48 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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MOTION for Summary Judgment by Big E Transportation, LLC.(Spolyar, James)
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Request |
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| 47 |
Filed: 1/11/2018, Entered: 1/11/2018 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 46 Assented to MOTION to Seal Documents (Caruso, Stephanie)
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| 46 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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Assented to MOTION to Seal Documents, Assented to MOTION to Seal Document ( Responses due by 1/24/2018) by Big E Transportation, LLC. (Attachments: # 1 Text of Proposed Order Order Granting Assented-To Motion)(Spolyar, James)
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| 45 |
Filed: 7/26/2017, Entered: 7/26/2017 |
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Judge Richard G. Stearns: ORDER entered granting 44 Motion for Protective Order pursuant to the parties' joint motion. (RGS, int2)
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Request |
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| 44 |
Filed: 7/26/2017, Entered: 7/26/2017 |
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Joint MOTION for Protective Order by Big E Transportation, LLC. (Attachments: # 1 Text of Proposed Order - Proposed Protective Order)(Spolyar, James)
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Request |
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| 43 |
Filed: 6/15/2017, Entered: 6/15/2017 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 42 Motion for Extension of Time.The court will extend the discovery deadline by ninety days from today. All fact discovery must be completed by 9/14/17; Plaintiff's expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 10/16/17; Defendants' expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 11/17/17. All expert discovery completed by 12/15/17. Dispositive motions, if any, must be filed by 1/12/18, with opposition by 2/2/18; and reply only with leave of court. The court is not inclined to any further extensions. (Zierk, Marsha)
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| 42 |
Filed: 6/14/2017, Entered: 6/14/2017 |
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Joint MOTION for Extension of Time to Extend Scheduling Order by 55200C7.(Levinson, Michael)
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Request |
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| 41 |
Filed: 6/7/2017, Entered: 6/8/2017 |
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REPORT of Alternative Dispute Resolution Provider. Magistrate Judge Robert B. Collings reports case was NOT SETTLED. Litigation should proceed in accordance with the Order entered April 21, 2017. (Franklin, Yvonne)
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| 39 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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NOTICE OF CHANGE IN HEARING TIME ONLY AT 2:00 PM. Alternative Dispute Resolution Hearing set for JUNE 7, 2017 AT 2:00 PM in Courtroom 5 before Magistrate Judge Robert B. Collings. (Franklin, Yvonne)
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| 38 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 37 Motion for Extension of Time. The pretrial schedule is amended as follows: All discovery, other than expert discovery, to be completed by 7/5/17; Dispositive Motions due by 7/28/17 (no experts utilized) or 10/4/17 (experts utilized), with Oppositions to dispositive motions due within 21 days after service of the motion; Reply, if any, by leave of court.Plaintiffs' expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 7/28/17; Plaintiffs' trial experts, if any, must be deposed by 8/15/17; Defendants' expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 8/21/17. Defendants' trial experts, if any, must be deposed by 9/11/17. (Zierk, Marsha)
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| 37 |
Filed: 4/20/2017, Entered: 4/20/2017 |
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First MOTION for Extension of Time Scheduling Order by 55200C7, GCC Moving, LLC.(Levinson, Michael)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 36 |
Filed: 3/28/2017, Entered: 3/28/2017 |
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Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 35 Motion to Continue Alternative Dispute Resolution Hearing Reset for JUNE 7, 2017 AT 11:30 AM in Courtroom 5 before Magistrate Judge Robert B. Collings. INSTRUCTIONS - COUNSEL ARE DIRECTED TO BE PRESENT WITH THEIR CLIENTS AND REPRESENTATIVES THEREOF WITH FULL SETTLEMENT AUTHORITY. AN ASSENTED-TO MOTION MUST BE FILED FOR ANY REASON WHEN REQUESTING ATTENDANCE BY PHONE AND WILL BE TAKEN UNDER CONSIDERATION. A brief mediation memoranda (5-6 pages, including exhibits) addressing both the merits of the case and parties settlement position should be submitted by email to yvonne_franklin@mad.uscourts.gov no later than JUNE 1, 2017 and marked "Confidential - Not for Docketing" and is not to be served upon opposing Parties. Counsel are requested to try and accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or the date poses a serious conflict, counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION WITH THE COURT to continue the mediation as soon as possible.
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| 35 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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Assented to MOTION to Continue Mediation by 55200C7.(Levinson, Michael)
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| 34 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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ELECTRONIC NOTICE of ADR Conference. Alternative Dispute Resolution Hearing set for APRIL 12, 2017 AT 11:30 AM in Courtroom 5 before Magistrate Judge Robert B. Collings. INSTRUCTIONS - COUNSEL ARE DIRECTED TO BE PRESENT WITH THEIR CLIENTS AND REPRESENTATIVES THEREOF WITH FULL SETTLEMENT AUTHORITY. AN ASSENTED-TO MOTION MUST BE FILED FOR ANY REASON WHEN REQUESTING ATTENDANCE BY PHONE AND WILL BE TAKEN UNDER CONSIDERATION. A brief mediation memoranda (5-6 pages, including exhibits) addressing both the merits of the case and parties settlement position should be submitted by email to yvonne_franklin@mad.uscourts.gov no later than APRIL 5, 2017 and marked "Confidential - Not for Docketing" and is not to be served upon opposing Parties. Counsel are requested to try and accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or the date poses a serious conflict, counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION WITH THE COURT to continue the mediation as soon as possible. (Franklin, Yvonne)
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Request |
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| 33 |
Filed: 1/31/2017, Entered: 1/31/2017 |
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Notice of assignment to ADR Provider. Judge Robert B. Collings appointed.(Garvin, Brendan)
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Request |
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| 32 |
Filed: 1/31/2017, Entered: 1/31/2017 |
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Notice of assignment to ADR Provider. Judge M. Page Kelley appointed.(Garvin, Brendan)
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Request |
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| 31 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Flaherty, Elaine)
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Request |
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| 30 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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Letter/request (non-motion) from Plaintiffs' Counsel Consenting to Court Mediation Program. (Levinson, Michael)
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Request |
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| 29 |
Filed: 10/28/2016, Entered: 10/28/2016 |
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Judge Richard G. Stearns: ORDER entered. SCHEDULING ORDER: Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 11/30/16; Motions for leave to Amend Pleadings & Joinder of Parties due by 1/24/17; If the parties would like to participate in the court's mediation program, they must notify our docket clerk by 1/24/17. All discovery, other than expert discovery, to be completed by 4/28/17; Dispositive Motions due by 5/22/2017 (no experts utilized) or 8/11/17 (experts utilized), with Oppositions to dispositive motions due within 21 days after service of the motion; Reply, if any, by leave of court.Plaintiffs' expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 5/22/17; Plaintiffs' trial experts, if any, must be deposed by 6/28/17; Defendants' expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 6/21/17. Defendants' trial experts, if any, must be deposed by 7/17/17. (Zierk, Marsha)
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Request |
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| 28 |
Filed: 10/27/2016, Entered: 10/27/2016 |
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CERTIFICATION pursuant to Local Rule 16.1 by 55200C7, GCC Moving, LLC.(Levinson, Michael)
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Request |
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| 27 |
Filed: 10/27/2016, Entered: 10/27/2016 |
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JOINT SUBMISSION pursuant to Local Rule 16.1 by 55200C7, GCC Moving, LLC.(Levinson, Michael)
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Request |
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| 26 |
Filed: 10/18/2016, Entered: 10/18/2016 |
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Judge Richard G. Stearns: STANDING ORDERS entered. (Seelye, Terri)
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Request |
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| 25 |
Filed: 10/18/2016, Entered: 10/18/2016 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered. The parties are ORDERED TO FILE, on or before 10/28/16, a JOINT STATEMENT containing a proposed pretrial schedule.(Seelye, Terri)
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Request |
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| 24 |
Filed: 10/18/2016, Entered: 10/18/2016 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 23 Motion for Leave to Appear Pro Hac Vice Added Woodard. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
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Request |
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| 23 |
Filed: 9/27/2016, Entered: 9/27/2016 |
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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of David L. Woodard Filing fee: $ 100, receipt number 0101-6309182 by Estes Express Lines, Corp.. (Attachments: # 1 Affidavit Ex A - Affidavit of David L. Woodard)(Bok, Geoffrey)
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Request |
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| 22 |
Filed: 9/27/2016, Entered: 9/27/2016 |
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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of David L. Terry Filing fee: $ 100, receipt number 0101-6309157 by Estes Express Lines, Corp.. (Attachments: # 1 Exhibit Ex A - Affidavit of David L. Terry)(Bok, Geoffrey)
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Request |
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| 21 |
Filed: 9/27/2016, Entered: 9/27/2016 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added Spolyar. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
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Request |
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| 20 |
Filed: 9/27/2016, Entered: 9/27/2016 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 14 Motion for Leave to Appear Pro Hac Vice Added Core. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine)
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Request |
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| 19 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 17 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James T. Spolyar Filing fee: $ 100, receipt number 0101-6306651 by Judith A. Leggett on behalf of Big E Transportation, LLC. (Leggett, Judith)
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Request |
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| 18 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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Certificate of Good Standing re 17 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James T. Spolyar Filing fee: $ 100, receipt number 0101-6306651 by Big E Transportation, LLC. (Leggett, Judith)
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Request |
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| 17 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James T. Spolyar Filing fee: $ 100, receipt number 0101-6306651 by Big E Transportation, LLC.(Leggett, Judith)
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Request |
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| 16 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Braden K. Core Filing fee: $ 100, receipt number 0101-6306633 by Judith A. Leggett on behalf of Big E Transportation, LLC. (Leggett, Judith)
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Request |
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| 15 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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Certificate of Good Standing re 14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Braden K. Core Filing fee: $ 100, receipt number 0101-6306633 by Big E Transportation, LLC. (Leggett, Judith)
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Request |
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| 14 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Braden K. Core Filing fee: $ 100, receipt number 0101-6306633 by Big E Transportation, LLC.(Leggett, Judith)
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Request |
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| 13 |
Filed: 9/23/2016, Entered: 9/23/2016 |
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ANSWER to Counterclaim by 55200C7, GCC Moving, LLC.(Levinson, Michael)
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Request |
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| 12 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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ANSWER to 1 Complaint,, by Estes Express Lines, Corp..(Bok, Geoffrey)
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Request |
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| 11 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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ANSWER to 1 Complaint,, , COUNTERCLAIM against All Plaintiffs by Big E Transportation, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Leggett, Judith)
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Request |
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| 10 |
Filed: 8/17/2016, Entered: 8/17/2016 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 8 Motion for Extension of Time to Answer until September 8, 2016. (Zierk, Marsha)
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Request |
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| 9 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 8 Assented to MOTION for Extension of Time to 9/8/16 to File Answer or otherwise Respond to the Complaint by Judith A. Leggett on behalf of Big E Transportation, LLC. (Leggett, Judith)
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Request |
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| 8 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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Assented to MOTION for Extension of Time to 9/8/16 to File Answer or otherwise Respond to the Complaint by Big E Transportation, LLC, Estes Express Lines, Corp..(Leggett, Judith)
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Request |
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| 7 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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NOTICE of Appearance by Judith A. Leggett on behalf of Big E Transportation, LLC (Leggett, Judith)
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Request |
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| 6 |
Filed: 8/4/2016, Entered: 8/4/2016 |
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SUMMONS Returned Executed Estes Express Lines, Corp. served on 7/28/2016, answer due 8/18/2016. (Brainsky, Eric)
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Request |
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| 5 |
Filed: 8/4/2016, Entered: 8/4/2016 |
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SUMMONS Returned Executed Big E Transportation, LLC served on 7/28/2016, answer due 8/18/2016. (Brainsky, Eric)
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Request |
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| 4 |
Filed: 7/26/2016, Entered: 7/26/2016 |
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Summons Issued as to Big E Transportation, LLC, Estes Express Lines, Corp., Jane Roes 1-10, John Does 1-10, XYZ Corporations 1-10. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina)
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Request |
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| 3 |
Filed: 7/26/2016, Entered: 7/26/2016 |
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ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Coppola, Katelyn)
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Request |
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| 2 |
Filed: 7/26/2016, Entered: 7/26/2016 |
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NOTICE of Appearance by Eric S. Brainsky on behalf of 55200C7, GCC Moving, LLC (Brainsky, Eric)
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Request |
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| 1 |
Filed: 7/26/2016, Entered: 7/26/2016 |
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COMPLAINT against John Does 1-10, Big E Transportation, LLC, Estes Express Lines, Corp., XYZ Corporations 1-10, Jane Roes 1-10 Filing fee: $ 400, receipt number 0101-6219307 (Fee Status: Filing Fee paid), filed by 55200C7, GCC Moving, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Civil Cover Sheet Category Form)(Levinson, Michael) (Attachment 1 replaced on 7/26/2016 due to fillable format) (DaSilva, Carolina). (Attachment 2 replaced on 7/26/2016 due to fillable format) (DaSilva, Carolina).
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Request |
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Update
Alerts
