Clemons v. PHB Inc

Federal Civil Lawsuit Texas Northern District Court, Case No. 3:17-cv-00417
District Judge Jane J Boyle, presiding
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District Judge Jane J Boyle
Last Updated July 29, 2025 at 6:37 PM EDT (7.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [9EEA916], Plaintiff

Represented by Baron & Budd, PC

Name Phone Fax E-Mail
Space REBECCA CURRIER +1 214 521 3605 +1 214 520 1181 rcurrier@baronbudd.com
Space Michael Van Ellis mellis@thebassettfirm.com

Represented by Marshall Law Firm

Name Phone Fax E-Mail
Space Roger D Marshall rmarsh9558@aol.com

Represented by Shellist Lazarz, LLP

Name Phone Fax E-Mail
Space Melinda Arbuckle marbuckle@eeoc.net

Represented by Thompson, Coe, Cousins & Irons LLP

Name Phone Fax E-Mail
Space FARSHEED FOZOUNI +1 214 871 8200 +1 214 871 8209 ffozouni@thompsoncoe.com

Represented by Vaught Firm, LLC

Name Phone Fax E-Mail
Space Allen R. Vaught allen@vaughtfirm.com
No Logo Anonymized Party [D79AA45], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Melinda Arbuckle
Space Rebecca Holly Currier
Space Roger D Marshall
Space Allen Ryan Vaught
No Logo Jimmie Clemons, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Roger D Marshall +1 214 850 1989 rmarsh9558@aol.com

Represented by Baron & Budd, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Van Ellis - PHV +1 214 521 3605 mellis@baronbudd.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Allen R. Vaught +1 214 521 3605 +1 214 520 1181 avaught@txlaborlaw.com
v.
No Logo Anonymized Party [A5BC0DB], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Brett C Bartlett
Space Dennis A. Clifford +1 713 225 7473
Space Jeffrey L. Glaser
Space Katherine Smallwood
Space David E Watkins
Space Jason Edward Winford
No Logo Anonymized Party [A68EE6A], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Brett C Bartlett
Space Dennis A. Clifford +1 713 225 7473
Space Jeffrey L. Glaser
Space Katherine Smallwood
Space David E Watkins
Space Jason Edward Winford
No Logo E-Transport Group Inc, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Emily Allison Quillen +1 817 869 1700 +1 817 878 9472 equillen@scopelitis.com

Represented by Scopelitis, Garvin, Light, Hanson & Feary, LLC

Name Phone Fax E-Mail
Space Andrew Joseph Butcher +1 317 637 1777 +1 317 687 2414 abutcher@scopelitis.com
ATTORNEY TO BE NOTICED Andrew Joseph Butcher +1 317 637 1777 +1 317 687 2414 abutcher@scopelitis.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Emily Allison Quillen +1 817 869 1700 +1 817 878 9472 equillen@scopelitis.com
ATTORNEY TO BE NOTICED, PRO HAC VICE James Thomas Spolyar +1 317 637 1777 jspolyar@scopelitis.com
Space James Thomas Spolyar +1 317 637 1777 jspolyar@scopelitis.com
No Logo Pamela H Browning, Defendant

Represented by Jenkins & Watkins

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David E Watkins +1 214 378 6675 +1 214 378 6680 dwatkins@jenkinswatkins.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jason Edward Winford +1 214 378 6675 +1 214 378 6680 jwinford@jenkinswatkins.com

Represented by Seyfarth Shaw LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Brett C. Bartlett +1 404 885 1500 +1 404 892 7056 bbartlett@seyfarth.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Jeffrey L. Glaser +1 404 885 1500 +1 404 892 7056 jglaser@seyfarth.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Katherine Marie Smallwood +1 404 885 6731 +1 404 892 7056 ksmallwood@seyfarth.com

Represented by The Clifford Law Firm, PLLC

Name Phone Fax E-Mail
TERMINATED: 08/30/2017, TERMINATED: 08/30/2017, TERMINATED: 08/30/2017 Dennis Alexander Clifford +1 713 999 1833 dennis@cliffordemploymentlaw.com
No Logo Phb, Inc., Defendant

Represented by Jenkins & Watkins

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David E Watkins +1 214 378 6675 +1 214 378 6680 dwatkins@jenkinswatkins.com
Space David E Watkins +1 214 378 6675 +1 214 378 6680 dwatkins@jenkinswatkins.com
Space Jason Edward Winford +1 214 378 6675 +1 214 378 6680 jwinford@jenkinswatkins.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jason Edward Winford +1 214 378 6675 +1 214 378 6680 jwinford@jenkinswatkins.com

Represented by Seyfarth Shaw LLP

Name Phone Fax E-Mail
Space Brett C. Bartlett +1 404 885 1500 +1 404 892 7056 bbartlett@seyfarth.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Brett C. Bartlett +1 404 885 1500 +1 404 892 7056 bbartlett@seyfarth.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Jeffrey L. Glaser +1 404 885 1500 +1 404 892 7056 jglaser@seyfarth.com
Space Jeffrey L. Glaser +1 404 885 1500 +1 404 892 7056 jglaser@seyfarth.com
Space Katherine Marie Smallwood +1 404 885 6731 +1 404 892 7056 ksmallwood@seyfarth.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Katherine Marie Smallwood +1 404 885 6731 +1 404 892 7056 ksmallwood@seyfarth.com

Represented by The Clifford Law Firm, PLLC

Name Phone Fax E-Mail
TERMINATED: 08/30/2017, TERMINATED: 08/30/2017, TERMINATED: 08/30/2017 Dennis Alexander Clifford +1 713 999 1833 dennis@cliffordemploymentlaw.com
No Logo Robert W Browning, Defendant

Represented by Jenkins & Watkins

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David E Watkins +1 214 378 6675 +1 214 378 6680 dwatkins@jenkinswatkins.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jason Edward Winford +1 214 378 6675 +1 214 378 6680 jwinford@jenkinswatkins.com

Represented by Seyfarth Shaw LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Brett C. Bartlett +1 404 885 1500 +1 404 892 7056 bbartlett@seyfarth.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Jeffrey L. Glaser +1 404 885 1500 +1 404 892 7056 jglaser@seyfarth.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE Katherine Marie Smallwood +1 404 885 6731 +1 404 892 7056 ksmallwood@seyfarth.com

Represented by The Clifford Law Firm, PLLC

Name Phone Fax E-Mail
TERMINATED: 08/30/2017, TERMINATED: 08/30/2017, TERMINATED: 08/30/2017 Dennis Alexander Clifford +1 713 999 1833 dennis@cliffordemploymentlaw.com
Other Parties
No Logo ADR Provider, Mediator

Represented by JAMS

Name Phone Fax E-Mail
Space Cecilia Hufstedler Morgan +1 214 891 4523 +1 214 720 6010 cmorgan@jamsadr.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Blank 148 Filed: 5/17/2019, Entered: 5/17/2019 Court Filing
ELECTRONIC ORDER granting 147 Plaintiffs' Unopposed Motion for Leave to File and Motion to Dismiss with Prejudice. The Court hereby DISMISSES this case with prejudice. The Clerk of Court is directed to CLOSE this case. (Ordered by Judge Jane J. Boyle on 5/17/2019) (chmb)
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Legal Document (Payment Possibly Required) 147 Filed: 5/17/2019, Entered: 5/17/2019
Unopposed MOTION for Leave to File and Motion to Dismiss With Prejudice filed by 9EEA916, D79AA45 (Attachments: # 1 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 146 Filed: 5/17/2019, Entered: 5/17/2019
NOTICE of Withdrawal of Notice of Consent (Levasseur, Shayne) filed by 9EEA916, D79AA45 (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 145 Filed: 5/17/2019, Entered: 5/17/2019
NOTICE of Withdrawal of Notice of Consent (Petersen, Robert) filed by 9EEA916, D79AA45 (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 144 Filed: 5/17/2019, Entered: 5/17/2019
NOTICE of Withdrawal of Notice of Consent (Arbor, Michael) filed by 9EEA916, D79AA45 (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 143 Filed: 5/17/2019, Entered: 5/17/2019
NOTICE of Withdrawal of Christopher Davidson filed by 9EEA916, D79AA45 (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 142 Filed: 3/15/2019, Entered: 3/15/2019
NOTICE of Consent to Become a Party Plaintiff signed by Randy Williams on 03/09/19. (Attachments: # 1 Exhibit(s) A - Consent to Join form of Randy Williams) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 141 Filed: 3/1/2019, Entered: 3/1/2019
NOTICE of Consent to Become a Party Plaintiff signed by Chris Davidson; JoAnn Krause; Robert J. Petersen III on 01/19/2019; 01/17/2019; 01/15/2019. (Attachments: # 1 Exhibit(s) A - Consent to Join Forms of (1) Christopher Davidson; (2) JoAnn Krause; (3) Robert Petersen) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 140 Filed: 2/27/2019, Entered: 2/27/2019
NOTICE of Consent to Become a Party Plaintiff of Don M. Levere (Attachments: # 1 Exhibit(s) A - Don M. Levere) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 139 Filed: 2/25/2019, Entered: 2/25/2019
NOTICE of Consent to Become a Party Plaintiff of Janice L. Alexander, Bobby Butler, Glenda Coalston, Gwyn Dickinson, Jerome East, Darryl Gilbert, Rodney Hall, Shayne Levasseur, Bobby Nichols, Amy Sinfuegos Perez, Donald D. Richardson; Leamon Richardson, Marcus Roberts, Sunny Sandhu, Chet Simmons, Edwing Suarez, Liming Sun, Eric Thompson, Charles Watson (Attachments: # 1 Exhibit(s) A - Consents to Join FLSA Collective Action) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 138 Filed: 1/17/2019, Entered: 1/17/2019
NOTICE of Consent to Become Party Plaintiffs filed by 9EEA916, D79AA45 (Attachments: # 1 Exhibit(s) A - Flenta Hurst, Waylon Craig Moore) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 137 Filed: 1/9/2019, Entered: 1/9/2019
NOTICE of Completion of Mailing Notices of Settlement filed by 9EEA916, D79AA45 (Currier, Rebecca)
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Blank 136 Filed: 12/20/2018, Entered: 12/20/2018 Court Filing
ELECTRONIC ORDER granting in part and denying in part 135 the parties' Joint Motion to Reopen Case or in the Alternative Administratively Close the Case. The Court hereby DENIES the parties' motion to reopen the case, but GRANTS the parties' motion that the case be administratively closed. The Court also hereby ORDERS Plaintiffs to file their Motion to Dismiss the lawsuit with prejudice on or before March 15, 2019. (Ordered by Judge Jane J. Boyle on 12/20/2018) (chmb)
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Legal Document (Payment Possibly Required) 135 Filed: 12/20/2018, Entered: 12/20/2018
Joint MOTION to Reopen Case or in the Alternative Administratively Close the Case filed by 9EEA916, D79AA45 (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 134 Filed: 12/17/2018, Entered: 12/17/2018 Court Filing
ORDER Approving 132 Settlement, Attorneys' Fees, and Cost. (Ordered by Judge Jane J. Boyle on 12/17/2018) (rekc)
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Legal Document (Payment Possibly Required) 133 Filed: 12/14/2018, Entered: 12/14/2018
Appendix in Support filed by 9EEA916, D79AA45 re 132 MOTION to Approve Settlement and Attorneys' Fees and Costs (Attachments: # 1 Exhibit(s) 1 - Confidential Settlement and Release Agreement, # 2 Exhibit(s) 2 - Declaration of Allen R. Vaught) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 132 Filed: 12/14/2018, Entered: 12/14/2018
MOTION to Approve Settlement and Attorneys' Fees and Costs filed by 9EEA916, D79AA45 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 131 Filed: 12/4/2018, Entered: 12/5/2018 Court Filing
ORDER: Before the Court is the Joint Motion to Extend Deadline to Submit Motion to Approve Settlement and Stay Deadlines to Produce Employee Information and submit a Proposed Notice Form (ECF No. 130 ). The Court finds that the Motion is supported by good cause and should be GRANTED. It is therefore ORDERED that no later than 12/14/2018, the parties shall submit a Motion to Approve the Settlement. It is further ORDERED that the deadline for Defendants to Produce Employee Information and the deadline to submit a Proposed Notice form are stayed. (Ordered by Judge Jane J. Boyle on 12/4/2018) (ctf)
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Legal Document (Payment Possibly Required) 130 Filed: 12/4/2018, Entered: 12/4/2018
Second MOTION to Extend Time to Submit Motion to Approve Settlement and Stay Deadlines to Produce Employee Information and Submit Proposed Notice form filed by 9EEA916, D79AA45 (Attachments: # 1 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 129 Filed: 11/16/2018, Entered: 11/16/2018 Court Filing
ORDER granting 128 Motion to Extend Time. Motions to Approve the Settlement due by 12/5/2018. (Ordered by Judge Jane J. Boyle on 11/16/2018) (epm)
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Legal Document (Payment Possibly Required) 128 Filed: 11/16/2018, Entered: 11/16/2018
Joint MOTION to Extend Time for Deadline and Modify Deadline to Submit Joint Stipulation of Dismissal or Agreed Final Judgment filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Spolyar, James)
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Blank  Filed: 11/14/2018, Entered: 12/18/2018
Civil Case Terminated per 127 Order. (zkc)
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Blank 127 Filed: 11/14/2018, Entered: 11/14/2018 Court Filing
ELECTRONIC ORDER: This case is closed. Clerk directed to close case. (Ordered by Judge Jane J. Boyle on 11/14/2018) (chmb)
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Blank 126 Filed: 11/6/2018, Entered: 11/6/2018 Court Filing
ELECTRONIC ORDER granting 125 the parties' Join Motion to Extend Deadlines. The Court hereby extends the deadlines set forth in this Court's Order (Doc. 112) for (1) Defendants to produce Employee Information and (2) the parties to jointly submit a Proposed Notice form. The new deadline is December 5, 2018. (Ordered by Judge Jane J. Boyle on 11/6/2018) (chmb)
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Legal Document (Payment Possibly Required) 125 Filed: 11/5/2018, Entered: 11/5/2018
Joint MOTION to Extend Time Deadlines filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Blank 124 Filed: 10/18/2018, Entered: 10/18/2018 Court Filing
ELECTRONIC ORDER: The parties have settled this case. See Doc. 123, ADR Summary. Thus, the Court ORDERS the parties to submit a joint stipulation of dismissal or agreed final judgment no later than November 19, 2018. (Ordered by Judge Jane J. Boyle on 10/18/2018) (chmb)
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Blank  Filed: 10/17/2018, Entered: 10/17/2018
***PLEASE DISREGARD TERMED IN ERROR*** Civil Case Terminated per 32 Joint Stipulation of Dismissal of all Claims. (ndt) Modified on 10/18/2018 (ndt).
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Legal Document (Payment Possibly Required) 123 Filed: 10/17/2018, Entered: 10/17/2018
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Roger D. Marshall, Brett C. Bartlett, Emily A. Quillen and Rebecca H. Currier. Prv Fee: $ 3,710.00. Outcome of ADR: Settled as a result of ADR. (Morgan, Cecilia)
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Legal Document (Payment Possibly Required) 122 Filed: 10/3/2018, Entered: 10/3/2018
NOTICE of Consent to Become a Party Plaintiff signed by Mark Blanton on October 3, 2018. (Attachments: # 1 Exhibit(s) A - Mark Blanton) (Currier, Rebecca)
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Blank 121 Filed: 10/1/2018, Entered: 10/1/2018 Court Filing
ELECTRONIC ORDER granting 120 the parties' Join Motion to Extend Deadlines. The Court hereby extends the deadlines set forth in this Court's Order (Doc. 112) for (1) Defendants to produce Employee Information and (2) the parties to jointly submit a Proposed Notice form. The new deadline is November 5, 2018. Also, as agreed upon by the parties, this Order equitably tolls the statute of limitations for the perspective class by 30 days from October 5, 2018. (Ordered by Judge Jane J. Boyle on 10/1/2018) (chmb)
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Legal Document (Payment Possibly Required) 120 Filed: 10/1/2018, Entered: 10/1/2018
Joint MOTION to Extend Time Deadlines filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 119 Filed: 9/28/2018, Entered: 9/28/2018
NOTICE of Consent to Become a Party Plaintiff signed by Johnathon Hooper on September 27, 2018. (Attachments: # 1 Exhibit(s) A - Johnathon Hooper) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 118 Filed: 9/26/2018, Entered: 9/26/2018
NOTICE of Consent to Become a Party Plaintiff signed by Jerome L. Rice on September 25, 2018. (Attachments: # 1 Exhibit(s) A - Jerome L. Rice) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 117 Filed: 9/25/2018, Entered: 9/25/2018
Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Rebecca H. Currier, Roger D. Marshall, Brett C. Barlett, Emily A. Quillen and Pamela J. Simmons. Prv Fee: $ 4,585.00. Outcome of ADR: Continuing to work with parties to reach a settlement. (Morgan, Cecilia)
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Legal Document (Payment Possibly Required) 116 Filed: 9/24/2018, Entered: 9/24/2018
AMENDED DOCUMENT by 9EEA916, D79AA45. Amendment to 115 Notice (Other). Plaintiffs' Amended Notice of Filing Consent to Join. (Attachments: # 1 Exhibit(s) A - Michael Abor) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 115 Filed: 9/24/2018, Entered: 9/24/2018
NOTICE of Consent to Become a Party Plaintiff signed by Michael Arbor on September 23, 2018. (Attachments: # 1 Exhibit(s) A - Michael Arbor) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 114 Filed: 9/21/2018, Entered: 9/24/2018 Court Filing
ORDER granting 110 MOTION to Amend/Correct Scheduling Order: Discovery due by 3/4/2019. Deadline for mediation is on or before 10/19/2018. Motions due by 4/8/2019. Pretrial Materials due by 6/10/2019. Pretrial Order due by 6/10/2019. Jury Trial set for 6/24/2019 before Judge Jane J. Boyle. Pretrial Conference set for 6/21/2019 before Judge Jane J. Boyle. (Ordered by Judge Jane J. Boyle on 9/21/2018) (sss)
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Legal Document (Payment Possibly Required) 113 Filed: 9/21/2018, Entered: 9/21/2018
NOTICE of Consent to Become a Party Plaintiff signed by Jesse Baty, Jr. on September 21, 2018. (Attachments: # 1 Exhibit(s) A - Jesse Baty, Jr.) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 112 Filed: 9/21/2018, Entered: 9/21/2018 Court Filing
MEMORANDUM OPINION AND ORDER granting 50 Motion to Certify Class Conditional Certification of FLSA Collective Action and for Issuance of Notice, but limits Plaintiffs' proposed class definition. (Ordered by Judge Jane J. Boyle on 9/21/2018) (epm)
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Legal Document (Payment Possibly Required) 111 Filed: 9/21/2018, Entered: 9/21/2018
NOTICE of Consent to Become a Party Plaintiff signed by Kirk White on September 21, 2018. (Attachments: # 1 Exhibit(s) A - Kirk White) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 110 Filed: 9/20/2018, Entered: 9/20/2018
Joint MOTION to Amend/Correct Scheduling Order filed by 9EEA916, D79AA45 (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 109 Filed: 9/12/2018, Entered: 9/12/2018
NOTICE of Consent to Become a Party Plaintiff signed by Dannie Moore on September 11, 2018. (Attachments: # 1 Exhibit(s) A - Dannie Moore) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 108 Filed: 9/10/2018, Entered: 9/11/2018
Appendix to 106 Rebuttal to 98 Notice of Supplemental Authority filed by 9EEA916, D79AA45. (sss)
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Legal Document (Payment Possibly Required) 107 Filed: 9/10/2018, Entered: 9/10/2018
NOTICE of Consent to Become a Party Plaintiff signed by Robert White on September 10, 2018. (Attachments: # 1 Exhibit(s) A - Robert White) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 106 Filed: 9/10/2018, Entered: 9/10/2018
Rebuttal to 98 Notice of Supplemental Authority filed by 9EEA916, D79AA45. (sss) (Main Document 106 replaced to remove pages on 9/11/2018) (sss).
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Blank 105 Filed: 9/10/2018, Entered: 9/10/2018 Court Filing
ELECTRONIC ORDER granting 104 Plaintiff's Unopposed Motion for Leave to File Rebuttal to Defendant E-Transport Group, LLC's Notice of Supplemental Authority Supporting Motion for Summary Judgment. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Jane J. Boyle on 9/10/2018) (chmb)
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Legal Document (Payment Possibly Required) 104 Filed: 9/10/2018, Entered: 9/10/2018 Court Filing
Unopposed MOTION for Leave to File Rebuttal to Defendant E- Transport Group, LLC's Notice of Supplemental Authority Supporting Motion for Summary Judgement (ECF No. 98) filed by 9EEA916, D79AA45 (Attachments: # 1 Exhibit(s) 1 - Pls Rebuttal with Appendix, # 2 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 103 Filed: 9/6/2018, Entered: 9/6/2018
FIRST AMENDED ANSWER to 60 Amended Complaint filed by E-Transport Group Inc. (sss)
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Blank 102 Filed: 9/6/2018, Entered: 9/6/2018 Court Filing
ELECTRONIC ORDER granting 101 Unopposed Motion for Leave to File Amended Answer to First Amended Complaint. (Unless the document has already been filed, clerk to enter the Document 101-1 as of the date of this order.) (Ordered by Judge Jane J. Boyle on 9/6/2018) (chmb)
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Legal Document (Payment Possibly Required) 101 Filed: 9/6/2018, Entered: 9/6/2018
Unopposed MOTION for Leave to File Amended Answer to First Amended Complaint filed by E-Transport Group Inc (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 100 Filed: 9/4/2018, Entered: 9/4/2018
NOTICE of Consent to Become a Party Plaintiff signed by Quintilla Williams on August 31, 2018. (Attachments: # 1 Exhibit(s) A - Quintilla Williams) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 99 Filed: 8/31/2018, Entered: 8/31/2018
REPLY filed by E-Transport Group Inc re: 79 MOTION to Strike 73 Appendix in Support,, 72 Brief/Memorandum in Support of Motion, 71 Response/Objection (Quillen, Emily)
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Legal Document (Payment Possibly Required) 98 Filed: 8/31/2018, Entered: 8/31/2018
Supplemental Document by E-Transport Group Inc as to 63 MOTION for Summary Judgment . (Attachments: # 1 Exhibit(s) A) (Quillen, Emily)
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Blank 97 Filed: 8/23/2018, Entered: 8/23/2018 Court Filing
ELECTRONIC ORDER granting 95 Unopposed Motion for Leave to Deviate from Mediation Order. Defendant E-Transport Group's general counsel may represent it at the mediation in this case. (Ordered by Judge Jane J. Boyle on 8/23/2018) (chmb)
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Legal Document (Payment Possibly Required) 96 Filed: 8/23/2018, Entered: 8/23/2018
NOTICE of Consent to Become a Party Plaintiff signed by Adrian Jones on August 23, 2018. (Attachments: # 1 Exhibit(s) A - Adrian Jones) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 95 Filed: 8/23/2018, Entered: 8/23/2018
Unopposed MOTION for Leave to File Deviate from Mediation Order (), MOTION Leave to deviate from Mediation Order re 37 Order Referring Case to ADR,, filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 94 Filed: 8/17/2018, Entered: 8/17/2018
Appendix in Support filed by 9EEA916, D79AA45 re 93 Response/Objection to E-Transport Group, LLC's Motion to Strike Plaintiffs' Evidence Filed in Support of Opposition to Summary Judgment (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 93 Filed: 8/17/2018, Entered: 8/17/2018
RESPONSE filed by 9EEA916, D79AA45 re: 79 MOTION to Strike 73 Appendix in Support,, 72 Brief/Memorandum in Support of Motion, 71 Response/Objection (Attachments: # 1 Proposed Order) (Currier, Rebecca)
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Blank 92 Filed: 8/6/2018, Entered: 8/6/2018 Court Filing
ELECTRONIC ORDER granting 91 Motion to Extend Time. Plaintiffs' response to Defendants' motion to strike is now due August 17, 2018. (Ordered by Judge Jane J. Boyle on 8/6/2018) (chmb)
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Legal Document (Payment Possibly Required) 91 Filed: 8/2/2018, Entered: 8/2/2018 Court Filing
Unopposed MOTION to Extend Time to File a Response in Opposition to Defendant E-Transport Group, LLC's Objections to and Motion to Strike Plaintiff's Evidence Filed in Support of Opposition to Summary Judgement and Brief in Support filed by 9EEA916, D79AA45 (Attachments: # 1 Proposed Order) (Currier, Rebecca)
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Blank 90 Filed: 8/1/2018, Entered: 8/1/2018 Court Filing
ELECTRONIC ORDER: Plaintiff asks the Court to grant its motion for equitable tolling 88 if the Court grants Defendant E-Transport Group's motion to stay discovery 80 . Because the Court denied E-Transport's motion to stay, it finds as moot Plaintiff's motion for equitable tolling 88 . (Ordered by Judge Jane J. Boyle on 8/1/2018) (chmb)
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Blank 89 Filed: 7/31/2018, Entered: 7/31/2018 Court Filing
ELECTRONIC ORDER denying Defendant E-Transport Group's Motion to Stay Discovery or for Protective Order 80 . Defendant E-Transport Group ("ETG") filed its Motion for Summary Judgment 63 on June 1, 2018, arguing that it did not hire, pay, schedule, discipline, or supervise Plaintiffs and therefore is not Plaintiffs' joint employer and that it is also entitled to summary judgment on the independent basis that the Secretary of Transportation has jurisdiction over Plaintiffs' work as drivers, which exempts Plaintiffs from the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 213(b)(1). See Dkt. No. 54. Under the Court's Scheduling Order, all discovery must be completed by September 24, 2018; all motions that would dispose of all or any part of this case (including motions for summary judgment) must be filed by October 29, 2018; and this case is set for trial on the Court's four-week docket beginning January 14, 2019. See Dkt. No. 33. When a party files a motion for summary judgment, the opposing party must respond within the time that the Court's orders or the local rules require except that, "[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order." Fed. R. Civ. P. 56(d). At the same time, when a summary judgment motion is filed before the close of discovery, filing that motion "does not automatically stay discovery until the motion is resolved"; "[n]o federal rule, statute, or binding case law applies here to automatically stay discovery pending a ruling on a [motion for summary judgment] filed before the close of a discovery period"; and, "while the rules do contemplate allowing discovery before responding to such a motion,... a stay of all discovery pending a ruling on a motion for summary judgment is the exception rather than the rule," where "[h]ad the Federal Rules contemplated that a [summary judgment] would stay discovery, the Rules would contain a provision to that effect." Areizaga v. ADW Corp., No. 3:14-cv-2899-B, 2016 WL 3536859, at *2 (N.D. Tex. June 28, 2016) (internal quotation marks omitted). Nevertheless, a "district court has 'broad discretion and inherent power to stay discovery until preliminary questions that may dispose of the case are determined.'" Fujita v. United States, 416 F. App'x 400, 402 (5th Cir. 2011) (quoting Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987)). And, the United States Court of Appeals for the Fifth Circuit has explained that, "where discovery would not be useful to the resolution of a pending summary judgment motion presenting a question of law, it is not an abuse of discretion to grant" a motion to stay discovery pending the outcome of the summary judgment, where "it would be wasteful to allow discovery on all issues raised in a broad complaint when, for example, the case will not reach a determination on those merits." Sapp v. Memorial Hermann Healthcare Sys., 406 F. Appx 866, 870 (5th Cir. 2010) (footnotes and internal quotation marks omitted). Under Federal Rule of Civil Procedure 26(c), then, "the court may stay discovery for 'good cause,' such as a finding that further discovery will impose undue burden or expense without aiding the resolution of the dispositive motions." Fujita, 416 F. App'x at 402 (footnote omitted; citing Landry v. Air Line Pilots Ass'n Int'l AFLCIO, 901 F.2d 404, 435-36 (5th Cir. 1990)); see also Paul Kadair, Inc. v. Sony Corp. of Am., 694 F.2d 1017, 1029-30 (5th Cir. 1983) (noting, in context of then-Rule 56(f), that "a plaintiff's entitlement to discovery prior to a ruling on a motion for summary judgment is not unlimited, and may be cut off when the record shows that the requested discovery is not likely to produce the facts needed by plaintiff to withstand a Rule 56(e) motion for summary judgment"). The Court determines that Defendant E-Transport Group has not shown good cause to stay discovery at this stage of the case or for a protective order suspending the eight depositions that Plaintiffs noticed until after the Court rules on ETG's Motion for Summary Judgment. ETG explains that Plaintiffs did not file a Rule 56(d) motion and "acknowledge they do not need the discovery for purpose of responding to ETG's Motion for Summary Judgment that, if granted, will result in [Defendant E-Transport Group's] dismissal from the case"; "Plaintiffs made no efforts to schedule depositions of Defendants or their employees prior to the filing of ETG's Motion for Summary Judgment"; and, "[s]hould the Court grant ETG's Motion for Summary Judgment, there would be no need for ETG to incur the fees and expenses associated with eight depositions, some of which may require travel outside of the District." Dkt. No. 80 at 1, 3, 4. Those and the other reasons that ETG offers do not persuade the Court that good cause for a stay or the requested protective order exists under the circumstances here. As Plaintiffs point out, ETG's Motion for Summary Judgment is not based on a purely legal issue; Defendant PHB, Inc. ("PHB") has not moved for summary judgment and -- while apparently not opposed to ETG's request -- has not moved for a stay of discovery or a protective order; ETG and Plaintiffs disagree on whether ETG's second ground for summary judgment would apply to PHB as well; and the discovery that Plaintiffs seek -- which includes six deposition notices directed to "alleged PHB representatives" -- may be relevant to Plaintiffs' claims against PHB -- which are currently subject to a dispositive motion deadline of October 29, 2018 and a trial setting beginning January 14, 2019 -- even if ETG is granted summary judgment in its favor. For these reasons, as in XL Specialty Ins. Co. v. Bollinger Shipyards, Inc., No. Civ. A. 12-2071, 2014 WL 3498030, at *2 (E.D. La. July 15, 2014), this case does not present circumstances like those faced in the Fifth Circuit's decisions in Fujita or Landry, on which Defendant relies on here, and the Court cannot agree with ETG's assessment that a stay or the requested protective order is necessary here to alleviate "extensive costs and resources associated with potentially unnecessary discovery with no risk of prejudice to the Plaintiffs or future opt-in Plaintiffs." (Ordered by Magistrate Judge David L. Horan on 7/31/2018.)
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Legal Document (Payment Possibly Required) 88 Filed: 7/30/2018, Entered: 7/30/2018
MOTION for Equitable Tolling filed by 9EEA916, D79AA45 with Brief/Memorandum in Support. (Attachments: # 1 Appendix, # 2 Exhibit(s) A - Order Tolling Statute of limitations, # 3 Exhibit(s) B - Transcript of Scheduling Conference Before the Honorable Gregg Costa August 15, 2012, # 4 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 87 Filed: 7/30/2018, Entered: 7/30/2018
REPLY filed by E-Transport Group Inc re: 80 MOTION to Stay Discovery or for Protective Order (Quillen, Emily)
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Blank 86 Filed: 7/27/2018, Entered: 7/27/2018 Court Filing
ELECTRONIC ORDER granting 84 Motion to Extend Time. (Ordered by Judge Jane J. Boyle on 7/27/2018) (Judge Jane J. Boyle)
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Legal Document (Payment Possibly Required) 85 Filed: 7/26/2018, Entered: 7/26/2018
RESPONSE filed by 9EEA916, D79AA45 re: 80 MOTION to Stay Discovery or for Protective Order (Attachments: # 1 Appendix, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 84 Filed: 7/25/2018, Entered: 7/25/2018
Joint MOTION to Extend Time for Completion of Mediation filed by E-Transport Group Inc, PHB Inc, 9EEA916, D79AA45. (Attachments: # 1 Proposed Order) (Quillen, Emily) Modified text and filers on 7/25/2018 (dsr).
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Blank 83 Filed: 7/20/2018, Entered: 7/20/2018 Court Filing
ELECTRONIC ORDER: Plaintiffs must file a response to Defendant E-Transport Group's Motion to Stay Discovery or for Protective Order 80 by July 26, 2018, and Defendant E-Transport Group must file a reply by July 30, 2018. Any depositions noticed by Plaintiffs to be taken in the next two weeks are stayed and any requirements for Defendant E-Transport Group to respond to pending discovery requests in the next two weeks are abated pending the Court's resolution of this motion. (Ordered by Magistrate Judge David L. Horan on 7/20/2018.) Modified response date on 7/20/2018 (mcrd).
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Legal Document (Payment Possibly Required) 82 Filed: 7/20/2018, Entered: 7/20/2018 Court Filing
Order Referring 80 MOTION to Stay Discovery to Magistrate Judge David L. Horan for hearing, if necessary, and recommendation or determination to this court. (Ordered by Judge Jane J. Boyle on 7/20/2018) (zkc)
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Legal Document (Payment Possibly Required) 81 Filed: 7/18/2018, Entered: 7/18/2018
Appendix in Support filed by E-Transport Group Inc re 80 MOTION to Stay Discovery or for Protective Order (Quillen, Emily)
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Legal Document (Payment Possibly Required) 80 Filed: 7/18/2018, Entered: 7/18/2018
MOTION to Stay Discovery or for Protective Order filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 79 Filed: 7/17/2018, Entered: 7/17/2018
MOTION to Strike 73 Appendix in Support,, 72 Brief/Memorandum in Support of Motion, 71 Response/Objection filed by E-Transport Group Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 78 Filed: 7/17/2018, Entered: 7/17/2018
REPLY filed by E-Transport Group Inc re: 63 MOTION for Summary Judgment (Quillen, Emily)
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Legal Document (Payment Possibly Required) 77 Filed: 7/9/2018, Entered: 7/9/2018
Amended Brief/Memorandum in Support filed by 9EEA916 re 71 Response/Objection. (ndt)
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Blank 76 Filed: 7/9/2018, Entered: 7/9/2018 Court Filing
ELECTRONIC ORDER granting 74 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Jane J. Boyle on 7/9/2018) (chmb)
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Legal Document (Payment Possibly Required) 75 Filed: 7/6/2018, Entered: 7/6/2018
NOTICE of Change of Address for Attorney Emily A Quillen on behalf of E-Transport Group Inc. (Filer confirms contact info in ECF is current.) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 74 Filed: 7/5/2018, Entered: 7/5/2018
Unopposed MOTION for Leave to File Amended Brief ISO Response to Opposition to Defendant's Motion for Summary Judgment and Amended Exhibit X to Appendix filed by 9EEA916, D79AA45 with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1 - Amended Brief, # 2 Exhibit(s) 2 - Amended Exhibit X to Appendix, # 3 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 73 Filed: 7/3/2018, Entered: 7/3/2018
Appendix in Support filed by 9EEA916, D79AA45 re 71 Response/Objection (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R, # 19 Exhibit(s) S, # 20 Exhibit(s) T, # 21 Exhibit(s) U, # 22 Exhibit(s) V, # 23 Exhibit(s) W, # 24 Exhibit(s) X, # 25 Exhibit(s) Z) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 72 Filed: 7/3/2018, Entered: 7/3/2018
Brief/Memorandum in Support filed by 9EEA916, D79AA45 re 71 Response/Objection (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 71 Filed: 7/3/2018, Entered: 7/3/2018
RESPONSE filed by 9EEA916, D79AA45 re: 63 MOTION for Summary Judgment (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 70 Filed: 6/22/2018, Entered: 6/22/2018
REPLY filed by 9EEA916, D79AA45 re: 50 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and for Issuance of Notice (Attachments: # 1 Appendix, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E) (Currier, Rebecca)
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Blank 69 Filed: 6/21/2018, Entered: 6/21/2018 Court Filing
ELECTRONIC ORDER granting 68 Unopposed Motion to Extend Time. Plaintiff's reply to the motion for conditional certification is now due June 22, 2018. Plaintiff's response to Defendant's motion for summary judgment is now due July 3, 2018. (Ordered by Judge Jane J. Boyle on 6/21/2018) (chmb)
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Legal Document (Payment Possibly Required) 68 Filed: 6/12/2018, Entered: 6/12/2018
MOTION for Extension of Time to File Response/Reply to 50 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and for Issuance of Notice, 63 MOTION for Summary Judgment filed by 9EEA916, D79AA45 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 67 Filed: 6/6/2018, Entered: 6/6/2018
ANSWER to 60 Amended Complaint,, filed by PHB Inc. 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. (Glaser, Jeffrey)
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Legal Document (Payment Possibly Required) 66 Filed: 6/6/2018, Entered: 6/6/2018
ANSWER to 60 Amended Complaint, filed by E-Transport Group Inc. 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)
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Legal Document (Payment Possibly Required) 65 Filed: 6/1/2018, Entered: 6/1/2018
Appendix in Support filed by E-Transport Group Inc re 63 MOTION for Summary Judgment (Quillen, Emily)
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Legal Document (Payment Possibly Required) 64 Filed: 6/1/2018, Entered: 6/1/2018
Brief/Memorandum in Support filed by E-Transport Group Inc re 63 MOTION for Summary Judgment (Quillen, Emily)
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Legal Document (Payment Possibly Required) 63 Filed: 6/1/2018, Entered: 6/1/2018
MOTION for Summary Judgment filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 62 Filed: 6/1/2018, Entered: 6/1/2018
Appendix in Support filed by E-Transport Group Inc re 61 Response/Objection (Quillen, Emily)
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Legal Document (Payment Possibly Required) 61 Filed: 6/1/2018, Entered: 6/1/2018
RESPONSE filed by E-Transport Group Inc re: 50 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and for Issuance of Notice (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 60 Filed: 5/23/2018, Entered: 5/23/2018
FIRST AMENDED COMPLAINT WITH JURY DEMAND against E-Transport Group Inc, PHB Inc filed by D79AA45, 9EEA916. 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. (zkc)
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Blank 59 Filed: 5/23/2018, Entered: 5/23/2018 Court Filing
ELECTRONIC ORDER granting 56 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Jane J. Boyle on 5/23/2018) (chmb)
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Legal Document (Payment Possibly Required) 58 Filed: 5/22/2018, Entered: 5/22/2018
Designation of Experts by 9EEA916. (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 57 Filed: 5/22/2018, Entered: 5/22/2018
AMENDED DOCUMENT by 9EEA916. Amendment to 56 MOTION for Leave to File Plaintiff's First Amended Complaint. . (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 56 Filed: 5/11/2018, Entered: 5/11/2018
MOTION for Leave to File Plaintiff's First Amended Complaint filed by 9EEA916, D79AA45 with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Plaintiff's First Amended Complaint, # 2 Proposed Order Proposed Order). Party D79AA45 added. (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 55 Filed: 5/11/2018, Entered: 5/11/2018
Joint STIPULATION OF DISMISSAL as to Defendants A5BC0DB and A68EE6A by 9EEA916. (Currier, Rebecca)
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Blank 54 Filed: 5/8/2018, Entered: 5/8/2018 Court Filing
ELECTRONIC ORDER granting 53 Unopposed Motion to Extend Time. Defendants' deadline to respond to Plaintiff's motion [50 ] is now June 1, 2018. (Ordered by Judge Jane J. Boyle on 5/8/2018) (chmb)
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Legal Document (Payment Possibly Required) 53 Filed: 5/4/2018, Entered: 5/4/2018
MOTION for Extension of Time to File Response/Reply to 50 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and for Issuance of Notice filed by A68EE6AE-Transport Group Inc, PHB Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Sealed Legal Document 52 Filed: 4/23/2018, Entered: 4/23/2018
(Document Restricted) Exhibit D to Plaintiff's Motion for Class Certification (Sealed pursuant to order dated 4/13/2018) filed by 9EEA916 (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 51 Filed: 4/23/2018, Entered: 4/23/2018
Appendix in Support filed by 9EEA916 re 50 MOTION to Certify Class - Conditional Certification of FLSA Collective Action and for Issuance of Notice (Attachments: # 1 Exhibit(s) A - 9EEA916 Declaration, # 2 Exhibit(s) B - Gamble Declaration, # 3 Exhibit(s) C - D79AA45 Declaration, # 4 Exhibit(s) D - SEALED EXHIBIT, # 5 Exhibit(s) E - Documents Produced by PHB, Inc., # 6 Exhibit(s) F - PHB's 1st Supp Resps to Pl.'s RFAs, # 7 Exhibit(s) G - PHB's 1st Supp Answer to Pl.'s Interrog, # 8 Exhibit(s) H - Proposed Notice and Proposed Consent Form) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 50 Filed: 4/23/2018, Entered: 4/23/2018
MOTION to Certify Class - Conditional Certification of FLSA Collective Action and for Issuance of Notice filed by 9EEA916 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 49 Filed: 4/13/2018, Entered: 4/13/2018 Court Filing
AGREED PROTECTIVE ORDER. (Ordered by Judge Jane J. Boyle on 4/13/2018) (ndt)
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Legal Document (Payment Possibly Required) 48 Filed: 4/10/2018, Entered: 4/10/2018
Joint MOTION for Protective Order filed by E-Transport Group Inc (Attachments: # 1 Exhibit(s) 1 - Agreed Protective Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 47 Filed: 3/28/2018, Entered: 3/28/2018
NOTICE of Consent to Become a Party Plaintiff signed by Lester Carter on 03-28-2018. (Attachments: # 1 Exhibit(s) Exhibit A - Carter) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 46 Filed: 3/26/2018, Entered: 3/26/2018 Court Filing
ORDER: Before the Court is Plaintiff's Motion to Extend Certain Non-Dispositive Filing Deadlines. (ECF No. 45 ). The Court finds that the Motion is supported by good cause and should be GRANTED. The deadline for Motion for Conditional Certification and Class Notice is extended until 4/23/2018; The deadline for Motions for Leave to Join Parties or Amend Pleadings is extended until 5/11/2018. (Ordered by Judge Jane J. Boyle on 3/26/2018) (sss)
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Legal Document (Payment Possibly Required) 45 Filed: 3/22/2018, Entered: 3/22/2018
Unopposed MOTION to Extend Time of Certain Non-Dispositive Filing Deadlines filed by 9EEA916 (Attachments: # 1 Proposed Order [Proposed] Order) (Currier, Rebecca)
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Legal Document (Payment Possibly Required) 44 Filed: 3/8/2018, Entered: 3/8/2018
NOTICE of Attorney Appearance by Rebecca Holly Currier on behalf of 9EEA916. (Filer confirms contact info in ECF is current.) (Currier, Rebecca)
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Blank 43 Filed: 3/1/2018, Entered: 3/1/2018 Court Filing
ELECTRONIC ORDER granting 42 Unopposed Motion to Withdraw. Farsheed Fozouni is withdrawn as counsel for Plaintiff. (Ordered by Judge Jane J. Boyle on 3/1/2018) (chmb)
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Legal Document (Payment Possibly Required) 42 Filed: 3/1/2018, Entered: 3/1/2018
Unopposed MOTION to Withdraw as Attorney Farsheed Fozouni filed by 9EEA916 (Attachments: # 1 Proposed Order) (Fozouni, Farsheed)
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Legal Document (Payment Possibly Required) 41 Filed: 2/1/2018, Entered: 2/1/2018
NOTICE of Attorney Appearance by Farsheed Fozouni on behalf of 9EEA916. (Filer confirms contact info in ECF is current.) (Fozouni, Farsheed)
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Legal Document (Payment Possibly Required) 40 Filed: 2/1/2018, Entered: 2/1/2018
NOTICE of Attorney Appearance by Melinda Arbuckle on behalf of 9EEA916. (Filer confirms contact info in ECF is current.) (Arbuckle, Melinda)
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Blank 39 Filed: 1/31/2018, Entered: 1/31/2018 Court Filing
ELECTRONIC ORDER granting 38 Motion to Withdraw as Attorney. Attorney Michael Van Ellis terminated (Ordered by Judge Jane J. Boyle on 1/31/2018) (chmb)
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Legal Document (Payment Possibly Required) 38 Filed: 1/30/2018, Entered: 1/30/2018
MOTION to Withdraw as Attorney by Michael V. Ellis filed by 9EEA916 (Attachments: # 1 Proposed Order Proposed Order) (Ellis, Michael)
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Legal Document (Payment Possibly Required) 37 Filed: 10/26/2017, Entered: 10/26/2017 Court Filing
MEDIATION ORDER. The court appoints Cecilia H Morgan as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. The clerk will send any requested docu ments to the mediator. The mediator is directed by the Court to complete theattached Alternative Dispute Resolution Summary Form and file it with the clerk of court within ten (10) days after the mediation session is completed. Deadline for mediation is on or before 8/29/2018. (Ordered by Judge Jane J. Boyle on 10/26/2017) (ndt)
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Legal Document (Payment Possibly Required) 36 Filed: 10/26/2017, Entered: 10/26/2017
RESPONSE filed by 9EEA916 re: 34 Order to Show Cause/Order to Answer, (Vaught, Allen)
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Legal Document (Payment Possibly Required) 35 Filed: 10/25/2017, Entered: 10/25/2017
Joint STATUS REPORT Regarding Mediator filed by E-Transport Group Inc. (Quillen, Emily)
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Legal Document (Payment Possibly Required) 34 Filed: 10/17/2017, Entered: 10/17/2017 Court Filing
ORDER TO SHOW CAUSE: By 11/7/2017, both parties must SHOW CAUSE, in writing, why they have not yet designated a mediator. Failure to show cause or file the appropriate documents may result in sanctions. (Ordered by Judge Jane J. Boyle on 10/17/2017) (ran)
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Legal Document (Payment Possibly Required) 33 Filed: 8/30/2017, Entered: 8/31/2017 Court Filing
SCHEDULING ORDER: Jury Trial set for 1/14/2019 before Judge Jane J. Boyle. Motions for conditional certification and class notice due 4/6/18. Motions to join parties and amend pleadings due by 4/27/2018. Motions for decertification due 7/9/18. Discovery due by 9/24/2018. Dispositive motions due by 10/29/2018. Pretrial materials, including pretrial order, due by 12/31/2018. (Ordered by Judge Jane J. Boyle on 8/30/2017) (ash)
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Legal Document (Payment Possibly Required) 32 Filed: 8/30/2017, Entered: 8/30/2017 Court Filing
ELECTRONIC ORDER: Attorney Dennis A. Clifford's Unopposed Motion to Withdraw as Counsel for Defendants PHB, Inc., Robert W. Bronwing, and A68EE6A 31 is GRANTED. The Clerk is directed to remove Attorney Dennis A. Clifford from the docket sheet and all electronic notification systems. Attorneys Brett Bartlett, Jeffrey L. Glaser, and Katherine Smallwood of Seyfarth Shaw LLP, and David Watkins and Jason Winford of Jenkins & Watkins PC, remain as counsel of record for Defendant PHB, Inc. in this matter. Attorneys Glaser, Smallwood, Watkins, and Winford also remain as counsel of record for Defendants A5BC0DB, and A68EE6A. (Ordered by Judge Jane J. Boyle on 8/30/2017) (rekc)
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Legal Document (Payment Possibly Required) 31 Filed: 8/29/2017, Entered: 8/29/2017
Unopposed MOTION to Withdraw as Attorney Dennis A. Clifford filed by A68EE6APHB Inc (Attachments: # 1 Proposed Order) (Clifford, Dennis)
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Legal Document (Payment Possibly Required) 30 Filed: 8/25/2017, Entered: 8/25/2017
Joint STATUS REPORT filed by A68EE6AE-Transport Group Inc, PHB Inc. (Smallwood, Katherine)
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Legal Document (Payment Possibly Required) 29 Filed: 8/18/2017, Entered: 8/18/2017 Court Filing
ELECTRONIC ORDER granting 28 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 Judge Jane J. Boyle on 8/18/2017) (chmb)
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Legal Document (Payment Possibly Required) 28 Filed: 8/17/2017, Entered: 8/17/2017
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew J. Butcher (Filing fee $25; Receipt number 0539-8607288) filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 27 Filed: 8/14/2017, Entered: 8/14/2017
NOTICE of Consent to Become a Party Plaintiff signed by Darrick Gamble on 8/14/2017. (Attachments: # 1 Exhibit(s) Exhibit A) (Ellis, Michael)
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Legal Document (Payment Possibly Required)  Filed: 8/4/2017, Entered: None Unknown Document Type
***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Fri Aug 4 16:27:57 CDT 2017 (crt)
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Legal Document (Payment Possibly Required) 26 Filed: 8/4/2017, Entered: 8/4/2017 Court Filing
STATUS REPORT ORDER: Joint Status Report due by 8/25/2017. (Ordered by Judge Jane J. Boyle on 8/4/2017) (ran)
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Legal Document (Payment Possibly Required) 25 Filed: 8/4/2017, Entered: 8/4/2017 Court Filing
ELECTRONIC ORDER granting 24 Application for Admission Pro Hac Vice of James T. Spolyar. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 8/4/2017) (chmb)
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Legal Document (Payment Possibly Required) 24 Filed: 8/2/2017, Entered: 8/2/2017
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney James T. Spolyar (Filing fee $25; Receipt number 0539-8575424) filed by E-Transport Group Inc (Attachments: # 1 Proposed Order) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 23 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE of Consent to Become a Party Plaintiff signed by Daryl Oudems on 7/24/2017. (Attachments: # 1 Exhibit(s) A - Consent to Join Form) (Ellis, Michael)
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Legal Document (Payment Possibly Required) 22 Filed: 7/24/2017, Entered: 7/24/2017 Court Filing
ELECTRONIC ORDER granting 17 Application for Admission Pro Hac Vice of Jeffrey L. Glaser; 18 Application for Admission Pro Hac Vice of Brett C. Bartlett; 19 Application for Admission Pro Hac Vice of Katherine Smallwood. If not already done, Applicants must register as ECF Users within 14 days (LR 5.1(f)). (Ordered by Judge Jane J. Boyle on 7/24/2017) (chmb)
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Legal Document (Payment Possibly Required) 21 Filed: 7/21/2017, Entered: 7/21/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by A68EE6A(Winford, Jason)
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Legal Document (Payment Possibly Required) 20 Filed: 7/21/2017, Entered: 7/21/2017
ANSWER to 1 Complaint filed by A68EE6AUnless 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. (Winford, Jason)
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Legal Document (Payment Possibly Required) 19 Filed: 7/21/2017, Entered: 7/21/2017
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Katherine Smallwood (Filing fee $25; Receipt number 0539-8549988) filed by A68EE6APHB Inc (Attachments: # 1 Proposed Order) (Winford, Jason)
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Legal Document (Payment Possibly Required) 18 Filed: 7/21/2017, Entered: 7/21/2017
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brett C. Bartlett (Filing fee $25; Receipt number 0539-8549967) filed by A68EE6APHB Inc (Attachments: # 1 Proposed Order) (Winford, Jason)
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Legal Document (Payment Possibly Required) 17 Filed: 7/21/2017, Entered: 7/21/2017
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey L. Glaser (Filing fee $25; Receipt number 0539-8549928) filed by A68EE6APHB Inc (Attachments: # 1 Proposed Order) (Winford, Jason)
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Legal Document (Payment Possibly Required) 16 Filed: 7/19/2017, Entered: 7/19/2017
NOTICE of Consent to Become a Party Plaintiff signed by 9EEA916 on 07/18/2017. (Attachments: # 1 Exhibit(s) A - Consent to Join) (Ellis, Michael)
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Legal Document (Payment Possibly Required) 15 Filed: 7/13/2017, Entered: 7/13/2017
NOTICE of Consent to Become a Party Plaintiff signed by D79AA45 on 07/11/2017. (Attachments: # 1 Exhibit(s) A - Consent to Join Form) (Ellis, Michael)
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Legal Document (Payment Possibly Required) 14 Filed: 7/11/2017, Entered: 7/11/2017
NOTICE of Designation of Local Counsel filed by A68EE6APHB Inc (Winford, Jason)
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Legal Document (Payment Possibly Required) 13 Filed: 7/10/2017, Entered: 7/10/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by E-Transport Group Inc. (Quillen, Emily)
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Legal Document (Payment Possibly Required) 12 Filed: 7/3/2017, Entered: 7/3/2017
ANSWER to 1 Complaint, filed by E-Transport Group 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)
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Legal Document (Payment Possibly Required) 11 Filed: 7/3/2017, Entered: 7/3/2017
NOTICE of Attorney Appearance by Emily A Quillen on behalf of E-Transport Group Inc. (Filer confirms contact info in ECF is current.) (Quillen, Emily)
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Legal Document (Payment Possibly Required) 10 Filed: 7/3/2017, Entered: 7/3/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by PHB Inc. (Winford, Jason)
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Legal Document (Payment Possibly Required) 9 Filed: 7/3/2017, Entered: 7/3/2017
ANSWER to 1 Complaint, filed by PHB 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. Attorney Jason Edward Winford added to party PHB Inc(pty:dft) (Winford, Jason)
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Legal Document (Payment Possibly Required) 8 Filed: 6/28/2017, Entered: 6/28/2017 Court Filing
ELECTRONIC ORDER denying 7 Motion. The Court DENIES Defendants' Motion to Proceed Without Local Counsel and ORDERS Defendants to file written designation of local counsel no later than July 12, 2017. See N.D. Tex. Civ. R. 83.10. (Ordered by Judge Jane J. Boyle on 6/28/2017) (chmb)
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Legal Document (Payment Possibly Required) 7 Filed: 6/27/2017, Entered: 6/27/2017
MOTION (Unopposed) to Proceed Without Local Counsel filed by A68EE6APHB Inc (Attachments: # 1 Proposed Order)Attorney Dennis A Clifford added to party A68EE6A(pty:dft), Attorney Dennis A Clifford added to party A5BC0DB(pty:dft), Attorney Dennis A Clifford added to party PHB Inc(pty:dft) (Clifford, Dennis)
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Legal Document (Payment Possibly Required) 6 Filed: 5/25/2017, Entered: 5/25/2017
NOTICE of Attorney Appearance by Michael Van Ellis on behalf of 9EEA916. (Filer confirms contact info in ECF is current.) (Ellis, Michael)
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Legal Document (Payment Possibly Required) 5 Filed: 5/11/2017, Entered: 5/11/2017
Designation of lead counsel Allen Ryan Vaught for Plaintiff 9EEA916. (Vaught, Allen)
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Legal Document (Payment Possibly Required) 4 Filed: 5/8/2017, Entered: 5/8/2017
WAIVER OF SERVICE Returned Executed as to E-Transport Group Inc. Waiver sent on 5/4/2017. (Marshall, Roger)
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Legal Document (Payment Possibly Required) 3 Filed: 2/21/2017, Entered: 2/21/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 9EEA916. (Marshall, Roger) (Main Document 3 replaced to flatten PDF on 2/22/2017) (sss).
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Legal Document (Payment Possibly Required) 2 Filed: 2/13/2017, Entered: 2/14/2017 Court Filing
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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Legal Document (Payment Possibly Required) 1 Filed: 2/13/2017, Entered: 2/13/2017 Court Filing
COMPLAINT WITH JURY DEMAND against All Plaintiffs filed by 9EEA916. (Filing fee $400; Receipt number 0539-8207213) Summons(es) not requested at this time. 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 Cover Sheet) (Marshall, Roger)
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