ORDER granting 129 Motion to Extend Time. Agreed motion to dismiss or stipulation of dismissal due by 12/16/2019. The trial will remain on the court's Jan 13 2020 trial document until dismissal documents are filed. (Ordered by Senior Judge Terry R Means on 12/10/2019) (wrb)
ORDER TO FILE DISMISSAL DOCUMENTS: The Court has been informed that all matters in controversy in the above-styled and -numbered case have settled. Accordingly, an agreed motion to dismiss or stipulation of dismissal due to settlement must be filed no later than December 6, 2019. This case will remain on the Courts January 13, 2019 trial docket until the dismissal document has been filed. (Ordered by Senior Judge Terry R Means on 11/6/2019) (tln)
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Allen Vaught, Roger Marshall, Emily Quillen. Prv Fee: $ None. Outcome of ADR: Settled as a result of ADR. (wrb)
(Document Restricted) SEALED Minute Entry for proceedings held before Magistrate Judge Jeffrey L. Cureton: Settlement Conference held on 11/5/2019. Attorney Appearances: Plaintiff - Allen Ryan Vaught, Vaught Firm, LLC and Roger D. Marshall, Marshall Law Firm; Defense - Emily A Quillen, Scopelitis Garvin Light Hanson & Peary PC. (Court Reporter: Ana Warren) (No exhibits) Time in Court - 04:50. (tln)
ELECTRONIC ORDER granting 124 Plaintiff's Unopposed Motion to Excuse Plaintiff C023DE7 from Physically Attending Mediation. Plaintiff C023DE7 is excused from physically attending the mediation on November 5, 2019 as long as C023DE7 will be available by phone during the mediation and provides his counsel with full settlement authority prior to the mediation. (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/31/2019) (chmb)
MOTION Unopposed Motion to Excuse C023DE7 from Physically Attending Mediation re 115 Order Setting Deadline/Hearing, filed by C023DE7 (Attachments: # 1 Proposed Order) (Vaught, Allen)
ORDER GRANTING MOTION TO WITHDRAW 120 ... Pending before the Court is the Motion to Withdraw (doc. 120) as counsel of record filed by one of Plaintiffs' attorneys, Melinda Arbuckle.1 After review of the motion, the Court concludes that it should be and hereby is GRANTED, in that Arbuckle is WITHDRAWN as counsel of record for Plaintiffs. Attorney Melinda Arbuckle terminated. (Ordered by Senior Judge Terry R Means on 9/13/2019) (wxc)
NOTICE of Change of Address for Attorney Allen Ryan Vaught on behalf of E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 70E802A, 97F0310, FD67CDE, 0017BD2, 7CC1001, 7296002, 7A017E9, C023DE7, AA55A38, 87CF29A, FFB02F3. (Filer confirms contact info in ECF is current.) (Vaught, Allen)
ORDER DENYING MOTION FOR RECONSIDERATION: Pending before the Court is the Motion for Reconsideration of Partial Summary Judgment Order (doc. 109 ) filed by defendant Express Courier International, Inc. After review of the motion, the related briefs, re-review of the summary-judgment opinion and the evidence highlighted in the related briefs, and the applicable law, the Court concludes that the motion should be and hereby is DENIED, for the reasons urged by Plaintiffs. (Ordered by Senior Judge Terry R Means on 8/30/2019) (tln)
Sur-reply in Opposition filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 70E802A, 97F0310, FD67CDE, 0017BD2, 7296002, 7A017E9, C023DE7, AA55A38, 87CF29A, FFB02F3 re: 109 MOTION for Reconsideration re 108 Order on Motion for Summary Judgment,,,,,,, (edm)
ORDER granting 117 Motion for Leave to File Sur-Reply. Plaintiffs Sur- Reply is DEEMED filed this same day, and the clerk of the Court is DIRECTED to file a copy of the Sur- Reply, which was attached as an exhibit to the motion for leave. Cf. N.D. Tex. L. Civ. R. 15.1(b). (Ordered by Senior Judge Terry R Means on 5/16/2019) (edm)
Unopposed MOTION for Leave to File Sur-Reply in Opposition to Defendant's Reply in Support of Motion for Reconsideration of Partial Summary Judgment Order ECF No. 116 filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Sur-Reply, # 3 Exhibit(s) Exhibit A to Sur-Reply, Pattern Jury Instructions 11.26) (Arbuckle, Melinda)
REPLY filed by Express Courier International, Inc. re: 109 MOTION for Reconsideration re 108 Order on Motion for Summary Judgment,,,,,,, (Quillen, Emily)
ORDER SETTING DATE FOR MEDIATION: It is ORDERED that a mediation is set for Tuesday, November 5, 2019, beginning at 9:30a.m. at which time, counsel and the parties should report to the Eldon B. Mahon United States Courthouse, 501 West 10th Street, Fort Worth, Texas, Courtroom #508. It is further ORDERED that each party shall submit to the chambers of the undersigned, a completed Confidential Mediation Information Sheet, a copy of which is attached to this order, no later than 12:00 noon, on Thursday, October 31, 2019. (Ordered by Magistrate Judge Jeffrey L. Cureton on 4/25/2019) (bdb)
ORDER GRANTING MOTION FOR EXTENSION OF TIME: Before the Court is Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Motion for Reconsideration (ECF No. 112 ). The Court GRANTS the motion. Accordingly, Plaintiffs' Response in Opposition to Defendant's Motion for Reconsideration (ECF No. 109 ) shall be filed no later than April 18, 2019. Defendant's reply shall be filed in accordance with Local Civil Rule 7.1(f). (Ordered by Senior Judge Terry R Means on 4/10/2019) (tln)
MOTION for Extension of Time to File Response/Reply to 109 MOTION for Reconsideration re 108 Order on Motion for Summary Judgment,,,,,,, filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 (Attachments: # 1 Proposed Order) (Arbuckle, Melinda)
ORDER OF REFERRAL FOR PRO BONO MEDIATION IN NOVEMBER 2019. The court appoints Jeffrey L Cureton as mediator. The parties are to complete mediation during the month of November. ADR Summary provided as Exhibit B to the order. ADR Summary form due 12/9/2019. (Ordered by Senior Judge Terry R Means on 3/29/2019) (tln)
FINAL SCHEDULING ORDER--CIVIL JURY TRIAL: The above-styled and -numbered cause is set for trial during the month of January 2020. (see order for specifics) (Ordered by Senior Judge Terry R Means on 3/29/2019) (tln)
MOTION for Reconsideration re 108 Order on Motion for Summary Judgment,,,,,,, filed by Express Courier International, Inc. with Brief/Memorandum in Support. (Quillen, Emily)
ORDER PARTIALLY GRANTING CROSS-MOTIONS FOR SUMMARY JUDGMENT: The Court concludes that Plaintiffs' summary judgment motion should be and hereby is GRANTED to the extent it seeks a determination that, while acting as drivers for Express, Plaintiffs were employees under the FLSA. Plaintiffs' motion is also GRANTED regarding Express's claimed exemptions under the FLSA. Conversely, Express's summary-judgment motion is GRANTED to the extent it seeks summary judgment as to the FLSA retaliation claim asserted by certain of the plaintiffs and all claims asserted against defendant EMP LSO Holding Corporation. In all other respects, the motions are denied. (see order for further specifics) (Ordered by Senior Judge Terry R Means on 1/30/2019) (mpw)
ORDER FOR TRIAL-SETTING CONFERENCE: The above-styled and -numbered cause has been set for a conference to be held in chambers (room 502) of the Eldon B. Mahon United States Courthouse, 501 West 10th Street, Fort Worth, Texas, on Thursday, March 28, 2019, at 10:30 a.m., at which time a trial date will be set and trial time for each party will be discussed. (Ordered by Senior Judge Terry R Means on 1/30/2019) (mpw)
ORDER denying 85 Motion to Reopen Discovery and Hold Defendants' Motion for Summary Judgment in Abeyance Pursuant to Fed. R. Civ. P. 56(d). (Ordered by Senior Judge Terry R Means on 10/24/2018) (mpw)
Mail returned as undeliverable. 103 Order of Partial Dismissal received back from 97F0310 as Return to Sender Attempted - Not Known Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (mpw)
ORDER OF PARTIAL DISMISSAL: It is ORDERED that the claims of plaintiffs FD67CDE, 70E802A, 7A017E9, and 97F0310 are hereby DISMISSED without prejudice to their refiling. (Ordered by Senior Judge Terry R Means on 7/20/2018) (mpw)
Mail returned as undeliverable. 67 ORDER granting Motion to Withdraw as Attorney, 71 ORDER OF DISMISSAL OF CLAIMS AGAINST INDIVIDUAL DEFENDANTS 824E820, CCE778E, 8D3E1A3, AND F06BE28 ONLY, 80 ORDER granting Motion to Extend Time to File Responsive Summary Judgment Briefs, 96 ORDER granting Motion to Extend Time to File Response/Reply received back from 97F0310 as Attempted - Not Known Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (mpw)
Mail returned as undeliverable. 69 Order on Motion for Leave to File, 78 Order on Motion to Withdraw as Attorney, received back from 97F0310 as Attempted - Not Known, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (mpw)
Appendix in Support filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 re 97 Response/Objection, (Attachments: # 1 Exhibit(s) A - Declaration of 0017BD2, # 2 Exhibit(s) B - Summary Chart, # 3 Exhibit(s) C - Defendant Payroll Records (Sample), # 4 Exhibit(s) D - K Al Fheed Interrogatory 9 Answer) (Arbuckle, Melinda)
ORDER granting 95 Motion to Extend Time to File Response/Reply. Plaintiffs' Reply in Support of Plaintiffs Motion for Summary Judgment and Plaintiffs' Response in Opposition to Defendants Motion to Strike Appendix shall each be filed no later than June 1, 2018. (Ordered by Senior Judge Terry R Means on 5/14/2018) (mpw)
MOTION for Extension of Time to File Response/Reply to 89 MOTION to Strike 86 Appendix in Support,,,,,,, 83 Appendix in Support,,,,,,, , 81 MOTION for Summary Judgment filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 (Attachments: # 1 Proposed Order) (Arbuckle, Melinda)
REPLY filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 re: 85 MOTION to Reopen Case and Hold Defendants' Motion for Summary Judgment in Abeyance Pursuant to Fed. R. Civ. P. 56(d) (Arbuckle, Melinda)
***DISREGARD, SEE 94 FOR CORRECT ENTRY*** REPLY filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 re: 85 MOTION to Reopen Case and Hold Defendants' Motion for Summary Judgment in Abeyance Pursuant to Fed. R. Civ. P. 56(d) (Arbuckle, Melinda) Modified on 5/4/2018 (mpw).
Appendix in Support filed by EMP LSO Holding Corporation, Express Courier International, Inc. re 92 Response (Quillen, Emily) Modified on 4/30/2018 (mpw).
Brief in Support filed by EMP LSO Holding Corporation, Express Courier International, Inc. re: 92 Response (Quillen, Emily) Modified on 4/30/2018 (mpw).
MOTION to Strike 86 Appendix in Support,,,,,,, 83 Appendix in Support,,,,,,, filed by EMP LSO Holding Corporation, Express Courier International, Inc. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Quillen, Emily)
RESPONSE filed by EMP LSO Holding Corporation, Express Courier International, Inc. re: 85 MOTION to Reopen Discovery and Hold Defendants' Motion for Summary Judgment in Abeyance Pursuant to Fed. R. Civ. P. 56(d) (Quillen, Emily)
MOTION to Reopen Discovery and Hold Defendants' Motion for Summary Judgment in Abeyance Pursuant to Fed. R. Civ. P. 56(d) filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 (Attachments: # 1 Affidavit(s) of Melinda Arbuckle, # 2 Proposed Order) (Arbuckle, Melinda)
ORDER granting 79 Motion to Extend Time to File Responsive Summary Judgment Briefs. Plaintiffs shall have until April 2, 2018, to file a motion for summary judgment and/or response to Defendants summary-judgment motion (doc. 74 ); Defendants shall have until April 27, 2018, to file their response to Plaintiffs' summary judgment motion and/or reply to Plaintiffs' response to Defendants' summary-judgment motion; and Plaintiffs shall have until May 11, 2018, to file any reply in support of their summary judgment motion. All other deadlines, requirements, and instructions stated in this Court's Initial Scheduling Order (doc. 16 ) and subsequent Order Granting Motion to Extend (doc. 64 ) remain in effect. (Ordered by Senior Judge Terry R Means on 3/21/2018) (mpw)
MOTION for Extension of Time to File Response/Reply to 74 MOTION for Summary Judgment filed by E40D1A0A9, 2268C8E, CA03FDE, DA48D28, D777442, 0017BD2, 7CC1001, 7296002, C023DE7, AA55A38, 87CF29A, FFB02F3 (Attachments: # 1 Proposed Order) (Arbuckle, Melinda)
(Document Restricted) Sealed Appendix in Support re: 74 Motion for Summary Judgment (Sealed pursuant to order dated 11/1/2017) filed by EMP LSO Holding Corporation, Express Courier International, Inc. (Quillen, Emily)
Appendix in Support filed by EMP LSO Holding Corporation, Express Courier International, Inc. re 74 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s) Part 1, # 2 Exhibit(s) Part 2) (Quillen, Emily)
Brief/Memorandum in Support filed by EMP LSO Holding Corporation, Express Courier International, Inc. re 74 MOTION for Summary Judgment (Quillen, Emily)
MOTION for Summary Judgment filed by EMP LSO Holding Corporation, Express Courier International, Inc. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Quillen, Emily)
Mail returned as undeliverable. 69 Order on Motion for Leave to File, received back from 70E802A as Return to Sender, Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (mpw)
ORDER OF DISMISSAL OF CLAIMS AGAINST INDIVIDUAL DEFENDANTS 824E820, CCE778E, 8D3E1A3, AND F06BE28 ONLY. This order does not affect Plaintiffs claims against defendants Express Courier International, Inc. d/b/a LSO Final Mile and EMP LSO Holding Corporation. (Ordered by Senior Judge Terry R Means on 2/1/2018) (mpw)
ORDER granting 68 Motion for Leave to Amend Summary Judgment Briefing Schedule and Page Limitations. Defendants' Motion for Summary Judgment, with a brief not to exceed 50 pages, shall be filed no later than March 2, 2018. Plaintiffs' Motion for Summary Judgment and Response to Defendants Motion for Summary Judgment, with a brief not to exceed 60 pages, shall be filed no later than March 23, 2018. Defendants' Response to Plaintiffs' Motion for Summary Judgment and Reply in support of their Motion for Summary Judgment, with a brief not to exceed 35 pages, shall be filed no later than April 13, 2018. Plaintiffs' Reply in support of their Motion for Summary Judgment, with a brief not to exceed 25 pages, shall be filed no later than April 27, 2018. All other deadlines, requirements, and instructions stated in this Court's Initial Scheduling Order (doc. 16 ) and subsequent Order Granting Motion to Extend (doc. 64 ) remain in effect. (Ordered by Senior Judge Terry R Means on 1/24/2018) (mpw)
ORDER granting 65 Motion to Withdraw as Attorney. Attorneys Roger D Marshall, Allen Ryan Vaught, Melinda Arbuckle, and Farsheed Fozouni terminated as counsel for plaintiffs FD67CDE, 70E802A, 7A017E9, and 97F0310. It is further ORDERED that, no later than January 30, 2018, these four plaintiffs shall notify the Court, in writing, as to whether they desire to pursue their claims against Defendants. (order mailed to each of the four plaintiffs at address indicated in order) (Ordered by Senior Judge Terry R Means on 1/10/2018) (mpw)
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Irma Carrillo Ramirez: Settlement Conference held on 12/19/2017. Case did not settle. Attorney Appearances: Plaintiff - Melinda Arbuckle, Farsheed Fozouni, Roger D Marshall; Defense - Emily A Quillen. Participants Present: Plaintiff - C023DE7, E40D1A0, AA55A38, 0017BD2, 7CC1001, CA03FDE, 2268C8E, 87CF29A, D777442, DA48D28, FFB02F3; Defense - Ransom James. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 4:00. (mcrd)
ORDER GRANTING MOTION TO EXTEND: Pending before the Court is the Second Joint Motion to Extend Discovery Period and Pretrial and Dispositive Motions Deadline (doc. 62 ), filed November 27, 2017. The Court GRANTS the motion. Thus, the parties shall cease all discovery activity under the Federal Rules of Civil Procedure on December 28, 2017, and the parties must file all pretrial and dispositive motions, except motions in limine, no later than February 15, 2018. All other deadlines and instructions stated in this Court's initial scheduling order remain in effect. (Ordered by Senior Judge Terry R Means on 12/14/2017) (tln)
ORDER: Settlement Conference set for 12/19/2017 01:30 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/24/2017) (mcrd)
ORDER granting the 56 Plaintiffs' Unopposed Motion for Extension of Time to Mediate Case. The current mediation deadlines in ECF No. 36 are vacated pending an advisory of the Parties requesting a new date for the settlement conference to occur. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/11/2017) (mcrd)
ANSWER to 52 Amended Complaint,,, with Jury Demand filed by CCE778E, EMP LSO Holding Corporation, Express Courier International, Inc., 8D3E1A3, F06BE28, 824E820. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Quillen, Emily)
ORDER granting 53 Motion to Extend Discovery Period and Pretrial and Dispositive Motions Deadlines. The parties shall cease all discovery activity under the Federal Rules of Civil Procedure on November 28, 2017, and the parties must file all pretrial and dispositive motions, except motions in limine, no later than January 16, 2018. All other deadlines and instructions stated in this Court's initial scheduling order remain in effect. (Ordered by Senior Judge Terry R Means on 9/27/2017) (mpw)
Joint MOTION to Extend Time Discovery Period and Pretrial and Dispositive Motions Deadlines filed by CCE778E, EMP LSO Holding Corporation, Express Courier International, Inc., 8D3E1A3, F06BE28, 824E820 (Quillen, Emily)
SECOND AMENDED COMPLAINT WITH JURY DEMAND against CCE778E, EMP LSO Holding Corporation, Express Courier International, Inc., 8D3E1A3, F06BE28, 824E820 filed by 2268C8E, 7CC1001, 0017BD2, 87CF29A, FD67CDE, 95CD3A9, E40D1A0, AA55A38, DA48D28, C023DE7, 97F0310, D777442, FFB02F3, 7296002, 70E802A, 7A017E9, CA03FDE. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (bdb)
ORDER GRANTING 50 MOTION FOR LEAVE TO AMEND COMPLAINT: Plaintiffs' Second Amended Complaint is DEEMED filed this same day, and the clerk of the Court is DIRECTED to file a copy of the amended pleading, which was attached as an exhibit to the motion for leave. Defendants shall have until 10/2/2017, to answer or otherwise respond to Plaintiffs' Second Amended Complaint. (Ordered by Senior Judge Terry R Means on 9/14/2017) (bdb)
ORDER REGARDING STIPULATION AND MOTION TO DISMISS: Before the Court is the Conditional Stipulation of the Parties (doc. 47 ) with Regard to Defendants' Motion for Partial Dismissal of Plaintiffs' Collective Action (doc. 31 ). After review, the Court ADOPTS the stipulation of the parties. Accordingly, Plaintiffs shall have until September 8, 2017, to file a Second Amended Complaint, and Defendants shall have fourteen days after the filing of a Second Amended Complaint, if any, to file any responsive pleadings. Because Plaintiffs conditionally have stipulated that they will dismiss the collective action allegations without prejudice, the Court concludes that Defendants' Motion for Partial Dismissal of Plaintiffs' Collective Action (doc. 31 ) is DENIED AS MOOT. (Ordered by Senior Judge Terry R Means on 8/31/2017) (tln)
NOTICE of Attorney Appearance by Elizabeth M Beck on behalf of CCE778E, EMP LSO Holding Corporation, Express Courier International, Inc., 8D3E1A3, F06BE28, 824E820. (Filer confirms contact info in ECF is current.) (Beck, Elizabeth)
STIPULATION OF THE PARTIES WITH REGARD TO DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OF PLAINTIFFS' COLLECTIVE ACTION by 95CD3A9, 2268C8E, DA48D28, FD67CDE, E40D1A0, 0017BD2, 7CC1001, AA55A38, 87CF29A. (Attachments: # 1 Proposed Order) (Arbuckle, Melinda)
ORDER GRANTING MOTIONS FOR ENLARGEMENT OF TIME: Before the Court is Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion for Partial Dismissal of Plaintiffs' Collective Action (doc. 42 ) and a second similar motion (doc. 43 ). After review, the Court concludes that both motions should be and hereby are GRANTED. Accordingly, Plaintiffs shall have until Wednesday, 8/30/2017, to file any response to Defendants' Motion for Partial Dismissal of Plaintiffs' Collective Action (doc. 31 ). (Ordered by Senior Judge Terry R Means on 8/24/2017) (bdb)
ORDER FOR ADMISSION PRO HAC VICE granting 41 Application for Admission Pro Hac Vice of Andrew J. Butcher. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Terry R Means on 8/24/2017) (bdb)
ORDER FOR ADMISSION PRO HAC VICE granting 40 Application for Admission Pro Hac Vice of Adam C. Smedstad. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Terry R Means on 8/24/2017) (bdb)
Second MOTION for Extension of Time to File Response/Reply to 31 MOTION to Dismiss Collective Action filed by 95CD3A9, 2268C8E, DA48D28, FD67CDE, 95CD3A9, 0017BD2, 7CC1001, AA55A38, 87CF29A (Attachments: # 1 Proposed Order) (Arbuckle, Melinda)
MOTION for Extension of Time to File Response/Reply to 31 MOTION to Dismiss Collective Action filed by 95CD3A9, 2268C8E, DA48D28, FD67CDE, E40D1A0, 0017BD2, 7CC1001, AA55A38, 87CF29A (Attachments: # 1 Proposed Order) (Arbuckle, Melinda)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew J. Butcher (Filing fee $25; Receipt number 0539-8605808) filed by CCE778E, EMP LSO Holding Corporation, Express Courier International, Inc., 8D3E1A3, F06BE28, 824E820 (Attachments: # 1 Proposed Order) (Quillen, Emily)
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam C. Smedstad (Filing fee $25; Receipt number 0539-8605690) filed by CCE778E, EMP LSO Holding Corporation, Express Courier International, Inc., 8D3E1A3, F06BE28, 824E820 (Attachments: # 1 Proposed Order) (Quillen, Emily)
ANSWER to 27 Amended Complaint with Jury Demand filed by EMP LSO Holding Corporation, Express Courier International, Inc., 824E820, F06BE28, Lone Star Holdings, Inc, CCE778E, 8D3E1A3. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Quillen, Emily)
NOTICE of Attorney Appearance by Emily A Quillen on behalf of EMP LSO Holding Corporation. (Filer confirms contact info in ECF is current.) (Quillen, Emily)
ORDER: Settlement Conference set for 10/17/2017 01:30 PM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/9/2017) (mcrd)
ORDER APPOINTING MEDIATOR: The Court appoints Hon. Irma C. Ramirez as MEDIATOR in this case. Counsel for each party shall contact the mediator within seven days of receiving a copy of this order to make arrangements for mediation to commence during the month of October 2017. Further, it is ORDERED that Mediator, upon completion of the mediation proceedings and in accordance with the Order for Referral to Mediation, is directed to complete the Alternate Dispute Resolution Summary ("ADR Summary") attached as Exhibit B to this order and electronically file the ADR Summary no later than November 7, 2017, or seven (7) days from the date of mediation, whichever occurs first. (doc # 17 and docket sheet also emailed to mediator) (Ordered by Senior Judge Terry R Means on 8/4/2017) (mpw)
AMENDED ORDER GRANTING 21 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT. Defendants' answer or other response to the amended complaint shall be filed no later than August 11, 2017. (Ordered by Judge John McBryde on 7/27/2017) (mpw)
NOTICE of Consent to Become a Party Plaintiff signed by 97F0310 on 7/21/2017. (Attachments: # 1 Exhibit(s) A - Consent To Join Form) (Arbuckle, Melinda)
NOTICE of Attorney Appearance by Farsheed Fozouni on behalf of 95CD3A9, 2268C8E, DA48D28, FD67CDE, 95CD3A9, 0017BD2, 7CC1001, AA55A38, 87CF29A. (Filer confirms contact info in ECF is current.) (Fozouni, Farsheed)
AMENDED COMPLAINT WITH JURY DEMAND against CCE778E, Express Courier International, Inc., 8D3E1A3, F06BE28, 824E820, EMP LSO Holding Corporation filed by 87CF29A, FD67CDE, 2268C8E, 95CD3A9, 7CC1001, E40D1A0, 0017BD2, AA55A38, DA48D28. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mpw)
ORDER granting 21 Motion for Leave to File Amended Complaint. Plaintiff's First Amended Collective-Action Complaint is DEEMED filed this same day, and the clerk of the Court is DIRECTED to file a copy of the amended pleading, which was attached as an exhibit to the motion for leave. (Ordered by Senior Judge Terry R Means on 7/18/2017) (mpw)
ORDER granting 20 Motion for Extension of Time to File Amended Pleading. Plaintiffs' Motion for Leave to File First Amended Complaint filed on July 7,2017 (doc. 21 ) is DEEMED timely filed. (Ordered by Senior Judge Terry R Means on 7/18/2017) (mpw)
NOTICE of Consent to Become a Party Plaintiff signed by Khaled Kevin CA03FDE and 70E802A on 7/16/2017 and 7/17/2017. (Attachments: # 1 Exhibit(s) A - Consent to Join forms) (Arbuckle, Melinda)
NOTICE of Consent to Become a Party Plaintiff signed by D777442 and FFB02F3 on 07/12/2017 and 07/12/2017. (Attachments: # 1 Exhibit(s) A - Consent to Join Forms) (Arbuckle, Melinda)
NOTICE of Consent to Become a Party Plaintiff signed by 7A017E9, Sanjin 7296002, C023DE7 on 8/11/16, 9/12/16, 9/7/16. (Attachments: # 1 Exhibit(s) A - Consent to Join Forms) (Arbuckle, Melinda)
NOTICE of Attorney Appearance by Melinda Arbuckle on behalf of 95CD3A9, 2268C8E, DA48D28, FD67CDE, E40D1A0, 0017BD2, 7CC1001, AA55A38, 87CF29A. (Filer confirms contact info in ECF is current.) (Arbuckle, Melinda)
Designation of lead counsel Allen Ryan Vaught for Plaintiffs 95CD3A9, 2268C8E, DA48D28, FD67CDE, E40D1A0, 0017BD2, 7CC1001, AA55A38, 87CF29A. (Vaught, Allen)
SECOND ORDER OF REFERRAL FOR MEDIATION IN OCTOBER 2017. The parties are to select or designate a mediator on or before 8/1/2017. No later than August 1, 2017, the parties shall agree upon a mediation date during the month of October 2017. If no agreed date can be scheduled, then no later than September 1, 2017, the mediator shall select a date and all parties shall appear as directed by the mediator. ADR Summary provided as Exhibit B to the order. ADR Summary form due 11/7/2017. (Ordered by Senior Judge Terry R. Means on 1/9/2017) (mpw)
INITIAL SCHEDULING ORDER: Joinder of Parties due by 2/21/2017. Plaintiff's Amended Pleadings due by 6/30/2017. Defendant's Amended Pleadings due by 7/31/2017. Discovery due by 9/29/2017. Motions due by 11/17/2017. (see order for further specifics) (Ordered by Senior Judge Terry R. Means on 1/9/2017) (mpw)
ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN: The parties are ordered to electronically file with the clerk of the court the signed joint status report and proposed discovery plan (one instrument) within 28 days of the date of the filing of this order. (see order for further specifics) (Ordered by Senior Judge Terry R Means on 11/22/2016) (mpw)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lone Star Holdings, Inc identifying Corporate Parent/Other Affiliate EMP LSO Holding Corporation for Lone Star Holdings, Inc. (Quillen, Emily)
Amended ANSWER to 1 Complaint, filed by CCE778E, Express Courier International, Inc., 8D3E1A3, Lone Star Holdings, Inc, F06BE28, 824E820. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Emily A Quillen added to party CCE778E(pty:dft), Attorney Emily A Quillen added to party 8D3E1A3(pty:dft), Attorney Emily A Quillen added to party Lone Star Holdings, Inc(pty:dft), Attorney Emily A Quillen added to party F06BE28(pty:dft), Attorney Emily A Quillen added to party 824E820(pty:dft) (Quillen, Emily)
ANSWER to 1 Complaint,,,,,,, with Jury Demand filed by Express Courier International, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Quillen, Emily)
ORDER granting 7 Motion for Extension of Time to File Answer. Express Courier International, Inc. answer due 11/16/2016. (Ordered by Senior Judge Terry R Means on 10/27/2016) (mpw)
Unopposed Motion for Extension of Time to File Answer filed by Express Courier International, Inc. (Attachments: # 1 Proposed Order)Attorney Emily A Quillen added to party Express Courier International, Inc.(pty:dft) (Quillen, Emily)
New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (mpw)
COMPLAINT WITH JURY DEMAND against All Defendants filed by Express Courier International, Inc., 824E820, Lone Star Holdings, Inc, CCE778E, 8D3E1A3, F06BE28, Lone Star Overnight LLC. (Filing fee $400; Receipt number 0539-7859941) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Consent of Hugo Logo to Collective Action, # 2 Exhibit(s) Consent of 7CC1001 to Collective Action, # 3 Exhibit(s) Consent of FD67CDE to Collective Action, # 4 Exhibit(s) Consent of AA55A38 to Collective Action, # 5 Exhibit(s) Consent of DA48D28 to Collective Action, # 6 Exhibit(s) Consent of 87CF29A to Collective Action, # 7 Exhibit(s) Consent of 2268C8E to Collective Action, # 8 Exhibit(s) Consent of E40D1A0 to Collective Action, # 9 Exhibit(s) Consent of 95CD3A9 to Collective Action, # 10 Cover Sheet) (Marshall, Roger)