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 73 |
Filed: 11/7/2018, Entered: None |
Unknown Document Type |
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(Document Restricted) SEALED Order Accepting 72 Findings and Recommendations on Case re: 66 Settlement Conference Report. (Ordered by Judge Sam A Lindsay on 11/7/2018) (epm) (Entered: 11/07/2018)
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| 72 |
Filed: 9/11/2018, Entered: None |
Unknown Document Type |
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(Document Restricted) SEALED FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court should conclude that the exception under Martin v. Spring Break 83 Prods., L.L.C., 688 F.3d 247 (5th Cir. 2012), to the general rule requiring court or Department of Labor supervision of a Fair Labor Standards Act settlement applies and that the Court's approval and supervision of the Settlement Agreement is not required as to the Parties' settlement in this case. (Ordered by Magistrate Judge David L. Horan on 9/11/2018) (ykp) (Entered: 09/11/2018)
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| 71 |
Filed: 9/5/2018, Entered: None |
Unknown Document Type |
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Joint STIPULATION OF DISMISSAL with Prejudice with Brief in Support by Sabrina A Blundell, Alicia K Morgan. (Vaught, Allen) (Entered: 09/05/2018)
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Request |
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| 70 |
Filed: 8/30/2018, Entered: None |
Unknown Document Type |
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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Telephone Conference held on 8/30/2018. Attorney Appearances: Plaintiff - Ben K DuBose, Gregory Wayne Lisemby; Defense - Britta E Stanton, Jonathan David Kelley. (Court Reporter: Digital File) (No exhibits) Time in Court - :11. (mcrd) (Entered: 08/30/2018)
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| 69 |
Filed: 8/27/2018, Entered: None |
Unknown Document Type |
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ELECTRONIC ORDER: Telephone Conference, regarding settlement and disposition, set for 8/30/2018 02:00 PM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 8/27/2018) (mcrd) (Entered: 08/27/2018)
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| 68 |
Filed: 8/27/2018, Entered: None |
Unknown Document Type |
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ELECTRONIC ORDER granting 67 Defendants' Unopposed Motion for Leave to File Under Seal. The Clerk of the Court is directed to seal the Settlement Agreement 66 as filed. (Ordered by Magistrate Judge David L. Horan on 8/27/2018.) (Entered: 08/27/2018)
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| 67 |
Filed: 8/27/2018, Entered: None |
Unknown Document Type |
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Unopposed MOTION for Leave to File Settlement Agreement Under Seal filed by Wyndall S Landers, Bradley P Lassiter (Kelley, Jonathan) (Entered: 08/27/2018)
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Request |
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| 66 |
Filed: 8/24/2018, Entered: None |
Unknown Document Type |
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SETTLEMENT CONFERENCE REPORT filed by Wyndall S Landers, Bradley P Lassiter. (Kelley, Jonathan) Modified security of document on 8/27/2018. Counsel to file a Motion to Seal. (mcrd). (Entered: 08/24/2018)
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| 65 |
Filed: 8/16/2018, Entered: None |
Unknown Document Type |
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ORDER granting 64 Joint Motion to Extend Deadline to Respond to Plaintiffs' Motion for Conditional Certification and Issuance of Notice. The parties shall submit either a final Settlement Agreement or Defendants' shall file their Response to Plaintiffs' Motion for Conditional Certification and Issuance of Notice by August 24, 2018. (Ordered by Magistrate Judge David L. Horan on 8/16/2018) (mcrd) (Entered: 08/17/2018)
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| 64 |
Filed: 8/16/2018, Entered: None |
Unknown Document Type |
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MOTION to Extend Time Joint Motion to Extend Deadline to Response to Plaintiffs' Motion for Conditional Certification and Issuance of Notice filed by Wyndall S Landers, Bradley P Lassiter (Attachments: # 1 Proposed Order) (Kelley, Jonathan) (Entered: 08/16/2018)
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Request |
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| 63 |
Filed: 7/27/2018, Entered: None |
Unknown Document Type |
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Appendix in Support filed by Sabrina A Blundell, Alicia K Morgan re 62 MOTION to Certify Class (Attachments: # 1 Exhibit(s) 1 - Homehealthcarenews.com 1 18 2017 Article, # 2 Exhibit(s) 2 Longview News-Journal 1 13 2017 Article, # 3 Exhibit(s) 3 - Lonview News-Journal 1 16 2017 Article, # 4 Exhibit(s) 4 - Declaration of Allen Vaught, # 5 Exhibit(s) 5 - Testimony of Bradley P. Lassiter, # 6 Exhibit(s) 6 - Declaration of Plaintiff Sabrina Blundell, # 7 Exhibit(s) 7 - Declaration of Plaintiff Alicia Morgan, # 8 Exhibit(s) 8 - Declaration of Opt-in Plaintiff Daraetha Rhyne, # 9 Exhibit(s) 9 - Proposed Notice, # 10 Exhibit(s) 10 - Proposed Consent to Join Form) (Vaught, Allen) (Entered: 07/27/2018)
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| 62 |
Filed: 7/27/2018, Entered: None |
Unknown Document Type |
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MOTION to Certify Class filed by Sabrina A Blundell, Alicia K Morgan with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Vaught, Allen) (Entered: 07/27/2018)
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Request |
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| 61 |
Filed: 7/26/2018, Entered: None |
Unknown Document Type |
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NOTICE of Consent to Become a Party Plaintiff signed by Dareatha Rhyne on July 26, 2018. (Attachments: # 1 Exhibit(s) A - Dareatha Rhyne) (Vaught, Allen) (Entered: 07/26/2018)
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Request |
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| 60 |
Filed: 6/12/2018, Entered: None |
Unknown Document Type |
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ORDER STRIKING AND UNFILING PLAINTIFFS' FIRST AMENDED COMPLAINT: Because the First Amended Complaint [Dkt. No. 59 ] was filed without express leave of court, it is STRICKEN from the record in this case. But Plaintiffs may refile the First Amended Complaint if the Court so indicates in its forthcoming order on the undersigned's Findings, Conclusions, and Recommendation dated May 21, 2018. The clerk is directed to note on the docket that the First Amended Complaint has been unfiled. (Ordered by Magistrate Judge David L. Horan on 6/12/2018) (chmb) (Entered: 06/12/2018)
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| 73 |
Filed: 11/7/2018, Entered: 11/7/2018 |
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(Document Restricted) SEALED Order Accepting 72 Findings and Recommendations on Case re: 66 Settlement Conference Report. (Ordered by Judge Sam A Lindsay on 11/7/2018) (epm)
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| 59 |
Filed: 6/11/2018, Entered: None |
Unknown Document Type |
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***STRICKEN/UNFILED PER 60 ORDER*** AMENDED COMPLAINT WITH JURY DEMAND against Wyndall S Landers, Bradley P Lassiter filed by Sabrina A Blundell, Alicia K Morgan. (One or more defendant(s) is no longer named.) 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. (Vaught, Allen) Modified on 6/12/2018 (zkc). (Entered: 06/11/2018)
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| 72 |
Filed: 9/11/2018, Entered: 9/11/2018 |
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(Document Restricted) SEALED FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court should conclude that the exception under Martin v. Spring Break 83 Prods., L.L.C., 688 F.3d 247 (5th Cir. 2012), to the general rule requiring court or Department of Labor supervision of a Fair Labor Standards Act settlement applies and that the Court's approval and supervision of the Settlement Agreement is not required as to the Parties' settlement in this case. (Ordered by Magistrate Judge David L. Horan on 9/11/2018) (ykp)
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Request |
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| 71 |
Filed: 9/5/2018, Entered: 9/5/2018 |
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Joint STIPULATION OF DISMISSAL with Prejudice with Brief in Support by EE77682, 86CE2D5. (Vaught, Allen)
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Request |
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| 58 |
Filed: 5/21/2018, Entered: None |
Unknown Document Type |
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the reasons stated herein, the Court should sustain Plaintiffs' Objections to Portions of Defendant Landers's Reply in Support of His Motion to Dismiss [Dkt. No. 16 ] and should deny Landers's Motion for Leave to File Amended Motion to Dismiss [Dkt. No. 17 ].The Court should grant in part and deny in part Lassiter's Motion to Dismiss [Dkt. No. 31 ] and should grant in part and deny in part Landers's Motion to Dismiss [Dkt. No. 6 ]. Specifically, the Court should dismiss Plaintiffs' overtime compensation claim under the FLSA against Lassiter and Landers without prejudice. The Court should grant Plaintiffs 21 days from the date of any order adopting these Findings, Conclusions, and Recommendation in which to file an amended complaint consistent with this recommendation and the conclusions and findings above and should order that, if Plaintiffs fail to do so, their overtime compensation claim against Defendants Lassiter and Landers under the FLSA will be dismissed with prejudice (Ordered by Magistrate Judge David L. Horan on 5/21/2018) (chmb) (Entered: 05/21/2018)
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| 70 |
Filed: 8/30/2018, Entered: 8/30/2018 |
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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Telephone Conference held on 8/30/2018. Attorney Appearances: Plaintiff - Ben K DuBose, Gregory Wayne Lisemby; Defense - Britta E Stanton, Jonathan David Kelley. (Court Reporter: Digital File) (No exhibits) Time in Court - :11. (mcrd)
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| 69 |
Filed: 8/27/2018, Entered: 8/27/2018 |
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ELECTRONIC ORDER: Telephone Conference, regarding settlement and disposition, set for 8/30/2018 02:00 PM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 8/27/2018) (mcrd)
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| 57 |
Filed: 5/7/2018, Entered: None |
Unknown Document Type |
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PHASE 1 SCHEDULING ORDER. (Ordered by Magistrate Judge David L. Horan on 5/7/2018) (mcrd) (Entered: 05/07/2018)
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| 68 |
Filed: 8/27/2018, Entered: 8/27/2018 |
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ELECTRONIC ORDER granting 67 Defendants' Unopposed Motion for Leave to File Under Seal. The Clerk of the Court is directed to seal the Settlement Agreement 66 as filed. (Ordered by Magistrate Judge David L. Horan on 8/27/2018.)
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| 67 |
Filed: 8/27/2018, Entered: 8/27/2018 |
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Unopposed MOTION for Leave to File Settlement Agreement Under Seal filed by 9C312EC, DCC39A9 (Kelley, Jonathan)
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Request |
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| 56 |
Filed: 5/7/2018, Entered: None |
Unknown Document Type |
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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Pretrial Conference held on 5/7/2018. Order to enter. Attorney Appearances: Plaintiff - Ben K DuBose, Allen Ryan Vaught, Gregory Wayne Lisemby; Defense - Britta E Stanton, Jonathan D Kelley. (Court Reporter: Digital File) (No exhibits) Time in Court - :08. (mcrd) (Entered: 05/07/2018)
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| 66 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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SETTLEMENT CONFERENCE REPORT filed by 9C312EC, DCC39A9. (Kelley, Jonathan) Modified security of document on 8/27/2018. Counsel to file a Motion to Seal. (mcrd).
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| 65 |
Filed: 8/16/2018, Entered: 8/17/2018 |
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ORDER granting 64 Joint Motion to Extend Deadline to Respond to Plaintiffs' Motion for Conditional Certification and Issuance of Notice. The parties shall submit either a final Settlement Agreement or Defendants' shall file their Response to Plaintiffs' Motion for Conditional Certification and Issuance of Notice by August 24, 2018. (Ordered by Magistrate Judge David L. Horan on 8/16/2018) (mcrd)
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| 55 |
Filed: 5/7/2018, Entered: None |
Unknown Document Type |
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NOTICE of Attorney Appearance by Jonathan David Kelley on behalf of Wyndall S Landers, Bradley P Lassiter. (Filer confirms contact info in ECF is current.) (Kelley, Jonathan) (Entered: 05/07/2018)
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| 64 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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MOTION to Extend Time Joint Motion to Extend Deadline to Response to Plaintiffs' Motion for Conditional Certification and Issuance of Notice filed by 9C312EC, DCC39A9 (Attachments: # 1 Proposed Order) (Kelley, Jonathan)
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| 63 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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Appendix in Support filed by EE77682, 86CE2D5 re 62 MOTION to Certify Class (Attachments: # 1 Exhibit(s) 1 - Homehealthcarenews.com 1 18 2017 Article, # 2 Exhibit(s) 2 Longview News-Journal 1 13 2017 Article, # 3 Exhibit(s) 3 - Lonview News-Journal 1 16 2017 Article, # 4 Exhibit(s) 4 - Declaration of Allen Vaught, # 5 Exhibit(s) 5 - Testimony of DCC39A9, # 6 Exhibit(s) 6 - Declaration of Plaintiff EE77682, # 7 Exhibit(s) 7 - Declaration of Plaintiff 86CE2D5, # 8 Exhibit(s) 8 - Declaration of Opt-in Plaintiff Daraetha Rhyne, # 9 Exhibit(s) 9 - Proposed Notice, # 10 Exhibit(s) 10 - Proposed Consent to Join Form) (Vaught, Allen)
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| 54 |
Filed: 5/2/2018, Entered: None |
Unknown Document Type |
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Proposed Joint Submission on Discovery Matters Joint Rule 26(f) Supplemental Report by Sabrina A Blundell, Alicia K Morgan, Bradley P Lassiter and Wyndall S Landers. Related document: 36 Proposed Scheduling and Discovery Order filed by Alicia K Morgan, Sabrina A Blundell. (Vaught, Allen) Modified filers on 5/3/2018 (dsr). (Entered: 05/02/2018)
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Request |
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| 62 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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MOTION to Certify Class filed by EE77682, 86CE2D5 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 61 |
Filed: 7/26/2018, Entered: 7/26/2018 |
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NOTICE of Consent to Become a Party Plaintiff signed by Dareatha Rhyne on July 26, 2018. (Attachments: # 1 Exhibit(s) A - Dareatha Rhyne) (Vaught, Allen)
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Request |
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| 53 |
Filed: 4/24/2018, Entered: None |
Unknown Document Type |
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ELECTRONIC ORDER: Due to a conflict with counsel's schedule, the Federal Rule of Civil Procedure 16(b) pretrial scheduling conference is reset to 5/7/2018 11:00 AM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 4/24/2018) (mcrd) (Entered: 04/24/2018)
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| 60 |
Filed: 6/12/2018, Entered: 6/12/2018 |
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ORDER STRIKING AND UNFILING PLAINTIFFS' FIRST AMENDED COMPLAINT: Because the First Amended Complaint [Dkt. No. 59 ] was filed without express leave of court, it is STRICKEN from the record in this case. But Plaintiffs may refile the First Amended Complaint if the Court so indicates in its forthcoming order on the undersigned's Findings, Conclusions, and Recommendation dated May 21, 2018. The clerk is directed to note on the docket that the First Amended Complaint has been unfiled. (Ordered by Magistrate Judge David L. Horan on 6/12/2018) (chmb)
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Request |
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| 59 |
Filed: 6/11/2018, Entered: 6/11/2018 |
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***STRICKEN/UNFILED PER 60 ORDER*** AMENDED COMPLAINT WITH JURY DEMAND against 9C312EC, DCC39A9 filed by EE77682, 86CE2D5. (One or more defendant(s) is no longer named.) 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. (Vaught, Allen) Modified on 6/12/2018 (zkc).
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| 52 |
Filed: 4/24/2018, Entered: None |
Unknown Document Type |
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ORDER SETTING RULE 16(B) CONFERENCE: On May 4, 2018 at 10:00 a.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242. (Ordered by Magistrate Judge David L. Horan on 4/24/2018) (mcrd) (Entered: 04/24/2018)
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| 58 |
Filed: 5/21/2018, Entered: 5/21/2018 |
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the reasons stated herein, the Court should sustain Plaintiffs' Objections to Portions of Defendant 9C312EC Reply in Support of His Motion to Dismiss [Dkt. No. 16 ] and should deny 9C312EC Motion for Leave to File Amended Motion to Dismiss [Dkt. No. 17 ].The Court should grant in part and deny in part DCC39A9 Motion to Dismiss [Dkt. No. 31 ] and should grant in part and deny in part 9C312EC Motion to Dismiss [Dkt. No. 6 ]. Specifically, the Court should dismiss Plaintiffs' overtime compensation claim under the FLSA against DCC39A9 and 9C312EC without prejudice. The Court should grant Plaintiffs 21 days from the date of any order adopting these Findings, Conclusions, and Recommendation in which to file an amended complaint consistent with this recommendation and the conclusions and findings above and should order that, if Plaintiffs fail to do so, their overtime compensation claim against Defendants DCC39A9 and 9C312EC under the FLSA will be dismissed with prejudice (Ordered by Magistrate Judge David L. Horan on 5/21/2018) (chmb)
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| 57 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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PHASE 1 SCHEDULING ORDER. (Ordered by Magistrate Judge David L. Horan on 5/7/2018) (mcrd)
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Request |
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| 51 |
Filed: 4/24/2018, Entered: None |
Unknown Document Type |
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STIPULATION OF DISMISSAL of Defendant Home Quality Care Home Health Care Inc d/b/a Bethany Home Health Services Without Prejudice by Sabrina A. Blundell, Alicia K. Morgan. (mcrd) (Entered: 04/24/2018)
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| 56 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Pretrial Conference held on 5/7/2018. Order to enter. Attorney Appearances: Plaintiff - Ben K DuBose, Allen Ryan Vaught, Gregory Wayne Lisemby; Defense - Britta E Stanton, Jonathan D Kelley. (Court Reporter: Digital File) (No exhibits) Time in Court - :08. (mcrd)
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Request |
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| 55 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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NOTICE of Attorney Appearance by Jonathan David Kelley on behalf of 9C312EC, DCC39A9. (Filer confirms contact info in ECF is current.) (Kelley, Jonathan)
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| 50 |
Filed: 4/24/2018, Entered: None |
Unknown Document Type |
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ORDER granting 48 Motion to Reopen Case. (Ordered by Magistrate Judge David L. Horan on 4/24/2018) (mcrd) (Entered: 04/24/2018)
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| 54 |
Filed: 5/2/2018, Entered: 5/2/2018 |
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Proposed Joint Submission on Discovery Matters Joint Rule 26(f) Supplemental Report by EE77682, 86CE2D5, DCC39A9 and 9C312EC. Related document: 36 Proposed Scheduling and Discovery Order filed by 86CE2D5, EE77682. (Vaught, Allen) Modified filers on 5/3/2018 (dsr).
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| 49 |
Filed: 4/24/2018, Entered: None |
Unknown Document Type |
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Appendix in Support filed by Sabrina A. Blundell, Alicia K. Morgan re 48 Unopposed MOTION to Reopen Case and Rule 41(a)(1)(A)(i) Stipulation of Dismissal Without Prejudice as to Claims Against Defendant Home Quality Health Care, Inc. d/b/a Bethany Home Health Services (Attachments: # 1 Exhibit(s) 1 - Stipulation of Dismissal, # 2 Exhibit(s) 2- Bankruptcy Court Order) (Vaught, Allen) (Entered: 04/24/2018)
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Request |
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| 53 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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ELECTRONIC ORDER: Due to a conflict with counsel's schedule, the Federal Rule of Civil Procedure 16(b) pretrial scheduling conference is reset to 5/7/2018 11:00 AM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 4/24/2018) (mcrd)
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Request |
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| 52 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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ORDER SETTING RULE 16(B) CONFERENCE: On May 4, 2018 at 10:00 a.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242. (Ordered by Magistrate Judge David L. Horan on 4/24/2018) (mcrd)
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| 48 |
Filed: 4/24/2018, Entered: None |
Unknown Document Type |
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Unopposed MOTION to Reopen Case and Rule 41(a)(1)(A)(i) Stipulation of Dismissal Without Prejudice as to Claims Against Defendant Home Quality Health Care, Inc. d/b/a Bethany Home Health Services filed by Sabrina A. Blundell, Alicia K. Morgan with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Vaught, Allen) (Entered: 04/24/2018)
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Request |
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| 51 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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STIPULATION OF DISMISSAL of Defendant Home Quality Care Home Health Care Inc d/b/a Bethany Home Health Services Without Prejudice by EE77682, 86CE2D5. (mcrd)
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Request |
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| 50 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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ORDER granting 48 Motion to Reopen Case. (Ordered by Magistrate Judge David L. Horan on 4/24/2018) (mcrd)
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Request |
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| 49 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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Appendix in Support filed by EE77682, 86CE2D5 re 48 Unopposed MOTION to Reopen Case and Rule 41(a)(1)(A)(i) Stipulation of Dismissal Without Prejudice as to Claims Against Defendant Home Quality Health Care, Inc. d/b/a Bethany Home Health Services (Attachments: # 1 Exhibit(s) 1 - Stipulation of Dismissal, # 2 Exhibit(s) 2- Bankruptcy Court Order) (Vaught, Allen)
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Request |
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| 47 |
Filed: 3/29/2018, Entered: None |
Unknown Document Type |
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Joint STATUS REPORT Regarding Bankruptcy Proceedings filed by Wyndall S. Landers, Bradley P. Lassiter. (Stanton, Britta) (Entered: 03/29/2018)
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Request |
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| 48 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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Unopposed MOTION to Reopen Case and Rule 41(a)(1)(A)(i) Stipulation of Dismissal Without Prejudice as to Claims Against Defendant Home Quality Health Care, Inc. d/b/a Bethany Home Health Services filed by EE77682, 86CE2D5 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 47 |
Filed: 3/29/2018, Entered: 3/29/2018 |
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Joint STATUS REPORT Regarding Bankruptcy Proceedings filed by 9C312EC, DCC39A9. (Stanton, Britta)
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| 46 |
Filed: 2/1/2018, Entered: None |
Unknown Document Type |
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NOTICE of Bankruptcy filed by Home Quality Care Home Health Care Inc (Spector, Howard) (Entered: 02/01/2018)
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| 46 |
Filed: 2/1/2018, Entered: 2/1/2018 |
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NOTICE of Bankruptcy filed by Home Quality Care Home Health Care Inc (Spector, Howard)
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| 45 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 41 Motion to Modify the Magistrate Judge's Order Staying this Case. (Ordered by Magistrate Judge David L. Horan on 1/3/2018) (ykp)
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| 44 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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REPLY filed by EE77682, 86CE2D5 re: 41 MOTION Modify Magistrate Judge's Order Staying Case re 40 Order of Dismissal or Administrative Closure,, (Lisemby, Gregory)
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| 43 |
Filed: 12/19/2017, Entered: 12/19/2017 |
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RESPONSE filed by 9C312EC, DCC39A9 re: 41 MOTION Modify Magistrate Judge's Order Staying Case re 40 Order of Dismissal or Administrative Closure,, (Stanton, Britta)
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| 42 |
Filed: 12/4/2017, Entered: 12/4/2017 |
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ELECTRONIC ORDER: Any response to Plaintiffs' Motion to Modify the Magistrate Judge's Order Staying Case 41 must be filed by December 19, 2017, and Plaintiffs must file any reply by January 3, 2018. (Ordered by Magistrate Judge David L. Horan on 12/4/2017.)
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| 41 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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MOTION Modify Magistrate Judge's Order Staying Case re 40 Order of Dismissal or Administrative Closure,, filed by EE77682, 86CE2D5 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 40 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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MEMORANDUM OPINION AND ORDER: The Court determines that, in the interest of justice and to appropriately control the Courts docket, this case should be stayed until the automatic stay as to Defendant Home Quality Care Home Health Care, Inc., d/b/a Bethany Home Health Services is lifted, either by conclusion of the bankruptcy or an order from the bankruptcy court granting relief from the automatic stay. After the stay is lifted, the Court will enter a new scheduling order. (Ordered by Magistrate Judge David L. Horan on 11/29/2017) (mcrd)
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Request |
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| 39 |
Filed: 11/27/2017, Entered: 11/27/2017 |
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REPLY filed by DCC39A9 re: 31 MOTION to Dismiss (Stanton, Britta)
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Request |
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| 38 |
Filed: 11/13/2017, Entered: 11/13/2017 |
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RESPONSE filed by EE77682, 86CE2D5 re: 31 MOTION to Dismiss (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 37 |
Filed: 10/31/2017, Entered: 10/31/2017 |
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SUGGESTION OF BANKRUPTCY Upon the Record by 9C312EC, DCC39A9. (Carroll, Christina)
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Request |
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| 36 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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Proposal for contents of scheduling and discovery order Joint Rule 26(f) Report by EE77682, 86CE2D5. (Lisemby, Gregory)
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Request |
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| 35 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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NOTICE of Filing of Plaintiffs' Brief Regarding Suggestion of Bankruptcy re: 33 Order Setting Deadline/Hearing filed by EE77682, 86CE2D5 (Vaught, Allen)
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Request |
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| 34 |
Filed: 10/25/2017, Entered: 10/25/2017 |
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ELECTRONIC ORDER: The Court cancels the Federal Rule of Civil Procedure 16(b) pretrial scheduling conference set for November 1, 2017 at 1:00 p.m. and will reset it by a later order. (Ordered by Magistrate Judge David L. Horan on 10/25/2017.)
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Request |
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| 33 |
Filed: 10/24/2017, Entered: 10/24/2017 |
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ELECTRONIC ORDER: On October 24, 2017, Defendants DCC39A9 and 9C312EC filed a Suggestion of Bankruptcy for Defendants Home Quality Care Home Health Care, Inc. d/b/a Bethany Homehealth Services 32 , in which they advised the Court of (1) the petition that on October 23, 2017 commenced the chapter 7 case of In Re Home Quality Care Home Health Care, Inc., Case No. 17-33958-sgj7 (Bankr. N.D. Tex.) and (ii) the petition that on October 23, 2017 commenced the chapter 7 case of In Re Bethany Home Health of Nacogdoches, Inc., Case No. 17-33961-bjh7 (Bankr. N.D. Tex.). The Court wishes to obtain the parties' views on the effect of these bankruptcy filings on Plaintiffs' claims against Defendants Home Quality Care Home Health Care, Inc., d/b/a Bethany Homehealth Services and against Defendants DCC39A9 and 9C312EC, in light of the automatic stay provisions of 11 U.S.C. ยง 362. See, e.g., Jenkins v. TXS United Hous. Program, Inc., No. 3:13-cv-3808-BN, 2014 WL 6084890 (N.D. Tex. Nov. 14, 2014); Uranga v. Holiday Market, Inc., No. 3:13-cv-2213-BN, 2014 WL 349716 (N.D. Tex. Jan. 31, 2014). Plaintiffs must file a brief explaining their views on this matter by October 27, 2017, and Defendants DCC39A9 and 9C312EC must file a brief explaining their views by October 31, 2017. (Ordered by Magistrate Judge David L. Horan on 10/24/2017.)
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Request |
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| 32 |
Filed: 10/24/2017, Entered: 10/24/2017 |
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SUGGESTION OF BANKRUPTCY Upon the Record as to Home Qua by 9C312EC, DCC39A9. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B) (Stanton, Britta)
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Request |
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| 31 |
Filed: 10/23/2017, Entered: 10/23/2017 |
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MOTION to Dismiss filed by DCC39A9 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Stanton, Britta)
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Request |
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| 30 |
Filed: 10/20/2017, Entered: 10/23/2017 |
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ORDER granting 29 Unopposed Motion to Extend the Deadline to Move for Rule 23 Class Certification. (Ordered by Magistrate Judge David L. Horan on 10/20/2017) (mcrd)
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Request |
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| 29 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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Unopposed MOTION to Extend Time Deadline to File Rule 23 Class Certification Motion filed by EE77682, 86CE2D5 (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 28 |
Filed: 10/13/2017, Entered: 10/13/2017 |
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REPLY filed by 9C312EC re: 17 MOTION for Leave to File AMENDED MOTION TO DISMISS (Carroll, Christina)
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Request |
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| 27 |
Filed: 10/13/2017, Entered: 10/13/2017 |
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NOTICE of Attorney Appearance by Christina M Carroll on behalf of 9C312EC, DCC39A9. (Filer confirms contact info in ECF is current.) (Carroll, Christina)
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Request |
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| 26 |
Filed: 10/13/2017, Entered: 10/13/2017 |
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REPLY filed by EE77682, 86CE2D5 re: 16 MOTION to Strike 12 Reply (Vaught, Allen)
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Request |
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| 25 |
Filed: 10/6/2017, Entered: 10/6/2017 |
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Appendix in Support filed by EE77682, 86CE2D5 re 24 Response/Objection to Defendant's Motion for Leave to File an Amended Motion to Dismiss (Attachments: # 1 Exhibit(s) A - Vaught Declaration and Order from the U.S. Dist. Court for the SD IN) (Vaught, Allen)
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Request |
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| 24 |
Filed: 10/6/2017, Entered: 10/6/2017 |
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RESPONSE filed by EE77682, 86CE2D5 re: 17 MOTION for Leave to File AMENDED MOTION TO DISMISS (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 23 |
Filed: 10/6/2017, Entered: 10/6/2017 |
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RESPONSE filed by 9C312EC re: 16 MOTION to Strike 12 Reply (Stanton, Britta)
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Request |
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| 20 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 9C312EC, DCC39A9. (Stanton, Britta)
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Request |
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| 22 |
Filed: 9/28/2017, Entered: 9/29/2017 |
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ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: By October 27, 2017, the parties must submit a joint written Rule 26(f) report containing a proposed discovery plan, stating the parties' views and proposals. On November 1, 2017 at 1:00 p.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference. (Ordered by Magistrate Judge David L. Horan on 9/28/2017) (mcrd)
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Request |
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| 21 |
Filed: 9/28/2017, Entered: 9/29/2017 |
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STANDING ORDER ON NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 9/28/2017) (mcrd)
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Request |
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| 19 |
Filed: 9/28/2017, Entered: 9/28/2017 |
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ELECTRONIC ORDER: Defendants 9C312EC and DCC39A9 have appeared through counsel but have not filed a certificate of interested persons. By October 6, 2017, Defendants 9C312EC and DCC39A9 must comply with Local Civil Rule 7.4 so that the Court can ensure that recusal is not required in this case. Defendant 9C312EC also must file a response to Plaintiffs' Motion to Strike and Objections to Portions of Defendant 9C312EC Reply in Support of His Motion to Dismiss 16 by October 6, 2017, and Plaintiffs must file any reply in support of their motion by October 13, 2017. Plaintiffs also must file a response to Defendant 9C312EC Motion for Leave to File Amended Motion to Dismiss 17 by October 6, 2017, and Defendant 9C312EC must file any reply in support of his motion for leave by October 13, 2017. (Ordered by Magistrate Judge David L. Horan on 9/28/2017.)
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Request |
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| 18 |
Filed: 9/28/2017, Entered: 9/28/2017 |
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ORDER REFERRING CASE to Magistrate Judge David L. Horan. All nondispositive motions, pending or prospective, are referred to the magistrate judge for determination. All dispositive motions, pending or prospective, are referred to the magistrate judge for findings of fact and recommendations. All other pretrial matters, including scheduling and alternative dispute resolution, are referred to the magistrate judge for appropriate action consistent with applicable law. Magistrate Judge Horan is to notify the court when the case is ready for a trial setting. (Ordered by Judge Sam A Lindsay on 9/28/2017) (ams)
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Request |
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| 17 |
Filed: 9/27/2017, Entered: 9/27/2017 |
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MOTION for Leave to File AMENDED MOTION TO DISMISS filed by 9C312EC, DCC39A9 (Attachments: # 1 Proposed Order) (Stanton, Britta)
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Request |
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| 16 |
Filed: 9/27/2017, Entered: 9/27/2017 |
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MOTION to Strike 12 Reply filed by EE77682, 86CE2D5 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 15 |
Filed: 9/26/2017, Entered: 9/26/2017 |
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Clerk's ENTRY OF DEFAULT as to Home Quality Care Home Health Care Inc. (ykp)
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Request |
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| 14 |
Filed: 9/26/2017, Entered: 9/26/2017 |
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Appendix in Support filed by EE77682, 86CE2D5 re 13 Request for Clerk to Issue Document, Rule 55(a) Entry of Default as to Defendant Home Quality Care Home Health Care, Inc. d/b/a Bethany Home Health Services (Attachments: # 1 Exhibit(s) Exhibit 1) (Vaught, Allen)
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Request |
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| 13 |
Filed: 9/26/2017, Entered: 9/26/2017 |
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Request for Clerk to issue Rule 55(a) Entry of Default as to Defendant Home Quality Care Home Health Care, Inc. d/b/a Bethany Home Health Services filed by EE77682, 86CE2D5. (Attachments: # 1 Exhibit(s) A - Proposed Entry of Default by the Clerk) (Vaught, Allen)
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Request |
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| 12 |
Filed: 9/25/2017, Entered: 9/25/2017 |
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REPLY filed by 9C312EC re: 6 Motion to Dismiss for Failure to State a Claim (Stanton, Britta)
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Request |
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| 11 |
Filed: 9/20/2017, Entered: 9/20/2017 |
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Duplicate of #8. SUMMONS Returned Executed. (Vaught, Allen) Modified on 9/20/2017 to reflect duplicate (svc).
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Request |
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| 10 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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Appendix in Support filed by EE77682, 86CE2D5 re 9 Response/Objection (Attachments: # 1 Additional Page(s) App. pp. 001 to 012, # 2 Additional Page(s) App. pp. 013 to 021) (Vaught, Allen)
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Request |
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| 9 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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RESPONSE filed by EE77682, 86CE2D5 re: 6 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Proposed Order) (Vaught, Allen)
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Request |
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| 8 |
Filed: 8/30/2017, Entered: 8/30/2017 |
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SUMMONS Returned Executed as to Home Quality Care Home Health Care Inc; served on 8/25/2017. (aaa)
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Request |
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| 7 |
Filed: 8/24/2017, Entered: 8/24/2017 |
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WAIVER OF SERVICE Returned Executed as to DCC39A9. Waiver sent on 8/23/2017. (Vaught, Allen)
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Request |
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| 6 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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Motion to Dismiss for Failure to State a Claim filed by 9C312EC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Britta E Stanton added to party 9C312EC(pty:dft) (Stanton, Britta)
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Request |
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| 5 |
Filed: 8/3/2017, Entered: 8/3/2017 |
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SUMMONS Returned Executed as to 9C312EC, served on 8/1/2017. (sss)
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Request |
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| 4 |
Filed: 7/27/2017, Entered: 7/27/2017 |
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Summons Issued as to Home Quality Care Home Health Care Inc, 9C312EC, DCC39A9. (twd)
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Request |
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| 3 |
Filed: 7/27/2017, Entered: 7/27/2017 |
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New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (twd)
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Request |
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| 2 |
Filed: 7/27/2017, Entered: 7/27/2017 |
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EE77682, 86CE2D5. (DuBose, Ben)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 1 |
Filed: 7/27/2017, Entered: 7/27/2017 |
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COMPLAINT WITH JURY DEMAND against All Defendants filed by EE77682, 86CE2D5. (Filing fee $400; Receipt number 0539-8563357) 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) A - Consent to Join - EE77682, # 2 Exhibit(s) B - Consent to Join - 86CE2D5, # 3 Cover Sheet Civil) (DuBose, Ben)
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Request |
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