Sandoval-Zelaya v. A+ Tires, Brakes, Lubes, and Mufflers, Inc.

Federal Civil Lawsuit North Carolina Eastern District Court, Case No. 5:13-cv-00810
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Last Updated October 21, 2019 at 11:22 AM EDT (5.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Edward Hernandez, Plaintiff

Represented by Blumenthal Nordrehaug & Bhowmik

Name Phone Fax E-Mail
, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Aparajit Bhowmik +1 858 551 1223 +1 858 551 1232 aj@bamlawlj.com
, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Norman B Blumenthal +1 858 551 1223 +1 858 551 1232 norm@bamlawlj.com
, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Kyle Roald Nordrehaug +1 858 551 1223 +1 858 551 1232 kyle@bamlawlj.com

Represented by Edward Hernandez

Name Phone Fax E-Mail
Space Edward Hernandez +1 559 779 2425 eh@paccorealty.com

Represented by O'Brien Law

Name Phone Fax E-Mail
, , , Kerry Vincent O'Brien +1 512 415 7095 +1 512 328 6911 ko@obrienlawpc.com

Represented by The Law Offices of Gilda A. Hernandez, PLLC

Name Phone Fax E-Mail
, , Michael B. Cohen +1 919 741 8693 +1 919 869 1853 mcohen@gildahernandezlaw.com
, , Gilda A. Hernandez +1 919 741 0981 +1 919 869 1853 ghernandez@gildahernandezlaw.com
No Logo Rossel O. Alfaro Zelaya, Plaintiff

Represented by Lee & Braziel

Name Phone Fax E-Mail
Space J Derek Braziel +1 214 749 1400 + 214 749 1010 jdbraziel@l-b-law.com

Represented by The Law Offices of Gilda A. Hernandez, PLLC

Name Phone Fax E-Mail
, , Michael B. Cohen +1 919 741 8693 +1 919 869 1853 mcohen@gildahernandezlaw.com
, , Gilda A. Hernandez +1 919 741 0981 +1 919 869 1853 ghernandez@gildahernandezlaw.com
No Logo Salvador Montoya, Plaintiff

Represented by The Law Offices of Gilda A. Hernandez, PLLC

Name Phone Fax E-Mail
, , Michael B. Cohen +1 919 741 8693 +1 919 869 1853 mcohen@gildahernandezlaw.com
, , Gilda A. Hernandez +1 919 741 0981 +1 919 869 1853 ghernandez@gildahernandezlaw.com
v.
No Logo A+ Tires, Brakes, Lubes, and Mufflers, Inc., Defendant

Represented by Safran Law Offices

Name Phone Fax E-Mail
, , , , , , , Ashley Louise Felton +1 919 828 1396 afelton@safranlaw.com

Represented by VANN & SHERIDAN, LLP

Name Phone Fax E-Mail
, , , Joseph Alan Davies +1 919 510 8585 +1 919 510 8570 jdavies@vannattorneys.com
, , , , , , , James R. Vann +1 919 510 8585 +1 919 510 8570 jrvann@vannattorneys.com
No Logo Flores Welding, Inc., Defendant

Represented by Safran Law Offices

Name Phone Fax E-Mail
, , , , , , , Ashley Louise Felton +1 919 828 1396 afelton@safranlaw.com

Represented by VANN & SHERIDAN, LLP

Name Phone Fax E-Mail
, , , Joseph Alan Davies +1 919 510 8585 +1 919 510 8570 jdavies@vannattorneys.com
, , , , , , , James R. Vann +1 919 510 8585 +1 919 510 8570 jrvann@vannattorneys.com
No Logo Julio Flores, Defendant

Represented by Safran Law Offices

Name Phone Fax E-Mail
, , , , , , , Ashley Louise Felton +1 919 828 1396 afelton@safranlaw.com

Represented by VANN & SHERIDAN, LLP

Name Phone Fax E-Mail
, , , Joseph Alan Davies +1 919 510 8585 +1 919 510 8570 jdavies@vannattorneys.com
, , , , , , , James R. Vann +1 919 510 8585 +1 919 510 8570 jrvann@vannattorneys.com
No Logo Marielle Belhassen, Defendant

Represented by Safran Law Offices

Name Phone Fax E-Mail
, , , , , , , Ashley Louise Felton +1 919 828 1396 afelton@safranlaw.com

Represented by VANN & SHERIDAN, LLP

Name Phone Fax E-Mail
, , , Joseph Alan Davies +1 919 510 8585 +1 919 510 8570 jdavies@vannattorneys.com
, , , , , , , James R. Vann +1 919 510 8585 +1 919 510 8570 jrvann@vannattorneys.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
  Entries (197) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 197 Filed: 10/21/2019, Entered: None Document
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Legal Document (Payment Possibly Required) 196 Filed: 10/2/2019, Entered: None Notice of Exhibit Disposal
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Legal Document (Payment Possibly Required) 195 Filed: 9/21/2018, Entered: None Judgment
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Legal Document (Payment Possibly Required) 194 Filed: 9/21/2018, Entered: None Order on Motion for Attorney Fees
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Legal Document (Payment Possibly Required) 193 Filed: 9/19/2018, Entered: None Memorandum in Support
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Legal Document (Payment Possibly Required) 192 Filed: 9/19/2018, Entered: None Attorney Fees
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Legal Document (Payment Possibly Required) 191 Filed: 9/19/2018, Entered: None Memorandum in Support
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Legal Document (Payment Possibly Required) 190 Filed: 9/19/2018, Entered: None Settlement
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Legal Document (Payment Possibly Required) 189 Filed: 7/24/2018, Entered: None settlement conference
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Legal Document (Payment Possibly Required) 188 Filed: 7/3/2018, Entered: None Order Setting/Resetting Hearings
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Legal Document (Payment Possibly Required) 187 Filed: 5/22/2018, Entered: None Order on Motion to withdraw as attorney
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Legal Document (Payment Possibly Required) 186 Filed: 5/16/2018, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 185 Filed: 1/24/2018, Entered: None Telephone Conference
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Legal Document (Payment Possibly Required) 184 Filed: 12/20/2017, Entered: None Status Conference
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Legal Document (Payment Possibly Required) 183 Filed: 12/4/2017, Entered: 12/4/2017 Unknown Document TypeCourt Filing
ORDER denying 178 Motion for Reconsideration. Signed by Chief Judge James C. Dever III on 12/4/2017. (Briggeman, N.)
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Legal Document (Payment Possibly Required) 182 Filed: 11/20/2017, Entered: 11/20/2017 Unknown Document TypeCourt Filing
Order Setting Hearing - Follow-up Status Conference set for 12/18/2017 at 02:00 PM. Telephonic Conference before US Magistrate Judge James E. Gates. Counsel should read the order in its entirety for critical information. Signed by US Magistrate Judge James E. Gates on 11/20/2017. (Briggeman, N.)
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Legal Document (Payment Possibly Required) 181 Filed: 11/17/2017, Entered: 11/17/2017 Unknown Document Type
REPLY to Response to Motion regarding 178 MOTION for Reconsideration regarding 174 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, Order on Motion for Miscellaneous Relief and Memorandum in Support filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 180 Filed: 11/17/2017, Entered: 11/17/2017 Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh.Settlement Conference held on 11/17/2017. Parties present with counsel. The court makes opening remarks. The parties break for discussions. At 1:45 p.m. the court announces a recess. (Court Reporter - FTR) (Horton, B.)
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Legal Document (Payment Possibly Required) 179 Filed: 11/3/2017, Entered: 11/3/2017 Unknown Document Type
RESPONSE in Opposition regarding 178 MOTION for Reconsideration regarding 174 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Miscellaneous Relief and Memorandum in Support filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 178 Filed: 10/26/2017, Entered: 10/26/2017 Unknown Document Type
MOTION for Reconsideration regarding 174 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, Order on Motion for Miscellaneous Relief and Memorandum in Support filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 177 Filed: 10/17/2017, Entered: None Unknown Document TypeCourt Filing
Order Setting Hearing - Court-hosted Settlement Conference set for 11/16/2017 at 11:00 AM in Raleigh - 6th Floor Courtroom before US Magistrate Judge James E. Gates. Signed by US Magistrate Judge James E. Gates on 10/17/2017. (Briggeman, N.) (Entered: 10/18/2017)
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Legal Document (Payment Possibly Required) 176 Filed: 10/13/2017, Entered: 10/13/2017 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya Joint Notice of Proposed Dates for Scheduling of Settlement Conference. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 175 Filed: 10/2/2017, Entered: 10/2/2017 Unknown Document TypeCourt Filing
ORDER regarding court-hosted settlement conference - No later than 17 October 2017, the parties shall confer and determine three dates before 17 November 2017 upon which they and the other required attendees under Local Civil Rule 101.2(d)(l), E.D.N.C. are mutually available for the settlement conference. Counsel for plaintiffs shall file a notice setting out the three proposed dates for the settlement conference within one day after the conference. Counsel should read the order in its entirety for critical information. Signed by US Magistrate Judge James E. Gates on 10/2/2017. (Briggeman, N.)
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Legal Document (Payment Possibly Required) 174 Filed: 9/28/2017, Entered: 9/28/2017 Unknown Document TypeCourt Filing
ORDER - The court GRANTS defendants' motion for partial summary judgment as to the FLSA statute of limitations [D.E. 152], DISMISSES the FLSA claims of Jaime 0. Alfaro, Antonio Mosqueda, Jose Mosqueda, Rafael Mosqueda, and Regina Clinton, DENIES defendants' motion for decertification of the collective action under the FLSA [D.E. 155], DECLINES to exercise supplemental jurisdiction over count three, DISMISSES count three without prejudice for further proceedings in state court, GRANTS in part plaintiffs' motions for summary judgment as to liability on Montoya's FLSA claim in count one [D.E. 133], and DENIES plaintiffs' motions for summary judgment as to Hernandez's and Zelaya's FLSA claims in count one and all of the FLSA claims in count two [D.E. 133, 141]. The parties SHALL conduct a court-hosted settlement conference with United States Magistrate Judge Gates. Judge Gates will notify the parties how he wishes to proceed concerning the settlement conference and the date on which it will be held. Signed by Chief Judge James C. Dever III on 9/28/2017. (Briggeman, N.)
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Legal Document (Payment Possibly Required) 173 Filed: 5/31/2017, Entered: 5/31/2017 Unknown Document Type
Notice of Suggestion of Subsequently Controlling Decided Authority filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya in support of Plaintiffs Motion for Partial Summary Judgment on Liability, pursuant to Rule 56 of the Federal Rules of Civil Procedure. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 172 Filed: 5/31/2017, Entered: None Unknown Document TypeCourt Filing
TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to Chief Judge James C. Dever, III for all further proceedings. Senior Judge James C. Fox is no longer assigned to case. All future filings shall reflect the revised case number of 5:13-CV-810-D. Any previously scheduled hearings will be rescheduled.Entered by Peter A. Moore, Jr., Clerk of Court on 5/31/2017. (Powers, S.) (Entered: 05/31/2017)
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Legal Document (Payment Possibly Required) 171 Filed: 3/17/2017, Entered: 3/17/2017 Unknown Document Type
REPLY to Response to Motion regarding 155 MOTION for Decertification filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 170 Filed: 3/8/2017, Entered: 3/8/2017 Unknown Document Type
REPLY to Response to Motion regarding 133 MOTION for Summary Judgment on Liability, 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 169 Filed: 3/3/2017, Entered: 3/3/2017 Unknown Document Type
RESPONSE in Opposition regarding 155 MOTION for Decertification filed by Rossel O. Alfaro Zelaya. (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 168 Filed: 2/23/2017, Entered: 2/23/2017 Unknown Document Type
Statement of Material Facts regarding 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Appendix Defendants 56.1 Appendix) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 167 Filed: 2/23/2017, Entered: 2/23/2017 Unknown Document Type
Statement of Material Facts regarding 133 MOTION for Summary Judgment on Liability filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Appendix Defendants 56.1 Appendix) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 166 Filed: 2/23/2017, Entered: 2/23/2017 Unknown Document Type
RESPONSE in Opposition regarding 133 MOTION for Summary Judgment on Liability, 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 165 Filed: 2/21/2017, Entered: 2/21/2017 Unknown Document Type
STIPULATION of Dismissal of Reginald Clinton's claims with prejudice by Rossel O. Alfaro Zelaya (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 164 Filed: 2/21/2017, Entered: 2/21/2017 Unknown Document Type
STIPULATION of Dismissal of Rafael Mosqueda's claims with prejudice by Rossel O. Alfaro Zelaya (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 163 Filed: 2/21/2017, Entered: 2/21/2017 Unknown Document Type
STIPULATION of Dismissal of Jose Mosqueda's claims with prejudice by Rossel O. Alfaro Zelaya (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 162 Filed: 2/21/2017, Entered: 2/21/2017 Unknown Document Type
STIPULATION of Dismissal of Jaime Alfaro's claims with prejudice by Rossel O. Alfaro Zelaya (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 161 Filed: 2/14/2017, Entered: 2/14/2017 Unknown Document Type
Exhibits FILED PURSUANT TO 160 ORDER regarding 156 Memorandum in Support of 155 MOTION for Decertification. Exhibit A - Deposition of Jorge Benavides (Attachments: # 1 Exhibit B - Deposition of Salvador Montoya, # 2 Exhibit C - Deposition of Edward Hernandez, # 3 Exhibit E - Deposition of Rossel Zelaya) (Grady, B.)
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Legal Document (Payment Possibly Required) 160 Filed: 2/14/2017, Entered: 2/14/2017 Unknown Document TypeCourt Filing
ORDER granting 159 Motion for Leave to File. Signed by Senior Judge James C. Fox on 2/14/2017. (Grady, B.)
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Legal Document (Payment Possibly Required) 159 Filed: 2/13/2017, Entered: 2/13/2017 Unknown Document Type
Consent MOTION for Leave to File Full Deposition Transcripts and For Extension of Time To Respond filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit A- Deposition of Jorge Benavides, # 2 Exhibit B- Deposition of Salvador Montoya, # 3 Exhibit C- Deposition of Edward Hernandez, # 4 Exhibit E- Deposition of Rossel Zelaya, # 5 Text of Proposed Order Proposed Order) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 158 Filed: 2/10/2017, Entered: 2/10/2017 Unknown Document Type
RESPONSE to Motion regarding 152 MOTION for Partial Summary Judgment on Statute of Limitations filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 157 Filed: 2/10/2017, Entered: 2/10/2017 Unknown Document Type
Statement of Material Facts regarding 152 MOTION for Partial Summary Judgment on Statute of Limitations filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Exhibit A - Supplemental Disclosures) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 156 Filed: 2/3/2017, Entered: 2/3/2017 Unknown Document Type
Memorandum in Support regarding 155 MOTION for Decertification filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Benavides Deposition Excerpts, # 3 Exhibit Montoya Deposition Excerpts, # 4 Exhibit Hernandez Deposition Excerpts, # 5 Exhibit Montoya Responses to Requests for Admissions, # 6 Exhibit Alfaro-Zelaya Deposition Excerpts, # 7 Exhibit Arellano Responses to Requests for Admissions, # 8 Exhibit Benavides Responses to Requests for Admissions, # 9 Exhibit Castillo Responses to Requests for Admissions, # 10 Exhibit Ayala Responses to Requests for Admissions, # 11 Exhibit Pacheco Responses to Requests for Admissions, # 12 Exhibit Rodriguez Responses to Requests for Admissions, # 13 Exhibit Ruedas Responses to Requests for Admissions, # 14 Exhibit Trinidad Responses to Requests for Admissions, # 15 Exhibit Zuniga Responses to Requests for Admissions, # 16 Exhibit Botello Responses to Requests for Admissions, # 17 Exhibit Time Sheets and Payroll Record, # 18 Exhibit Hernandez Response to Interrogatories, # 19 Exhibit Clinton Response to Interrogatories, # 20 Exhibit Ayala Response to Interrogatories, # 21 Exhibit Rodriguez Response to Interrogatories, # 22 Exhibit Arellano Response to Interrogatories) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 155 Filed: 2/3/2017, Entered: 2/3/2017 Unknown Document Type
MOTION for Decertification filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 154 Filed: 2/3/2017, Entered: 2/3/2017 Unknown Document Type
Statement of Material Facts regarding 152 MOTION for Partial Summary Judgment on Statute of Limitations filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Appendix Defendants 56.1 Appendix) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 153 Filed: 2/3/2017, Entered: 2/3/2017 Unknown Document Type
Memorandum in Support regarding 152 MOTION for Partial Summary Judgment on Statute of Limitations filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 152 Filed: 2/3/2017, Entered: 2/3/2017 Unknown Document Type
MOTION for Partial Summary Judgment on Statute of Limitations filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 151 Filed: 2/2/2017, Entered: 2/2/2017 Unknown Document TypeCourt Filing
ORDER granting 144 Emergency MOTION to Strike Motion for Partial Summary Judgment on Willfulness and Good Faith and Objections Thereto. This court will treat Plaintiffs' two summary judgment motions [DE-133, -141] and memoranda [DE-135, -143] as one, retroactively allow Plaintiffs' request for leave to file excess pages for their memorandum in support, and give Defendants twenty-one (21) days from today's date to respond to both motions, with a similar page-limitation of forty-six (46) pages. Signed by Senior Judge James C. Fox on 2/2/2017. (Grady, B.)
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Legal Document (Payment Possibly Required) 150 Filed: 1/31/2017, Entered: 1/31/2017 Unknown Document Type
REPLY to Response to Motion regarding 144 Emergency MOTION Strike Motion for Partial Summary Judgment on Willfulness and Good Faith and Objections Thereto regarding 143 Memorandum in Support, 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 149 Filed: 1/23/2017, Entered: 1/23/2017 Unknown Document Type
RESPONSE in Opposition regarding 144 Emergency MOTION Strike Motion for Partial Summary Judgment on Willfulness and Good Faith and Objections Thereto regarding 143 Memorandum in Support, 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Cohen, Michael)
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Legal Document (Payment Possibly Required) 148 Filed: 1/12/2017, Entered: 1/12/2017 Unknown Document TypeCourt Filing
ORDER - This matter is before the court sua sponte. The following expedited schedule will apply to Defendants' Objection and Motion to Strike Plaintiffs' Second Motion for Partial Summary Judgment: 1. Plaintiffs must file their response within twelve (12) days from the date of this order; and 2. Defendants' reply, if any, must be filed within eight (8) days after service of the response. All potentially dispositive or decertification motions must be filed by 2/3/2017 and the trial of this matter, presently scheduled for this court's 3/27/2017 term, is to be removed from the court's calendar and will be rescheduled at a later date. Signed by Senior Judge James C. Fox on 1/12/2017. (Grady, B.)
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Legal Document (Payment Possibly Required) 147 Filed: 1/6/2017, Entered: 1/6/2017 Unknown Document TypeCourt Filing
Minute Entry for proceeding held before Magistrate Judge Robert B. Jones, Jr.: Settlement Conference held on 1/6/2017 in Wilmington, Courtroom 3. Parties present with counsel. The Court discusses settlement benefits with the parties and then goes off the record to begin notiations. Settlement negotiations reach an impasse. (Court Reporter FTR Gold) (Grady, B.)
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Legal Document (Payment Possibly Required) 146 Filed: 12/6/2016, Entered: 12/6/2016 Unknown Document TypeCourt Filing
Order Resetting Hearing - Settlement Conference reset for 1/6/2017 at 9:00 AM in Wilmington - Courtroom 3 before Magistrate Judge Robert B. Jones, Jr. Signed by Magistrate Judge Robert B. Jones, Jr. on 12/6/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 145 Filed: 12/5/2016, Entered: 12/5/2016 Unknown Document TypeCourt Filing
ORDER - This matter is before the court sua sponte. Pursuant to Local Civil Rule 72.3(h)(2), this matter is hereby REFERRED to United States Magistrate Judge Robert B. Jones, Jr. to conduct a court-hosted settlement conference. The conference shall take place at a date and time to be determined by Magistrate Judge Jones, but shall be conducted no later than January 6, 2017. The court hereby suspends the briefing schedule on Plaintiffs' motions for partial summary judgment [DE-133, -141] until after the court-hosted settlement conference has been conducted. Signed by Senior Judge James C. Fox on 12/5/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 144 Filed: 12/2/2016, Entered: 12/2/2016 Unknown Document Type
Emergency MOTION Strike Motion for Partial Summary Judgment on Willfulness and Good Faith and Objections Thereto regarding 143 Memorandum in Support, 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Appendix Unpublished Authority) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 143 Filed: 12/2/2016, Entered: 12/2/2016 Unknown Document Type
Memorandum in Support regarding 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Cohen, Michael)
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Legal Document (Payment Possibly Required) 142 Filed: 12/2/2016, Entered: 12/2/2016 Unknown Document Type
Statement of Material Facts regarding 141 MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Cohen, Michael)
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Legal Document (Payment Possibly Required) 141 Filed: 12/2/2016, Entered: 12/2/2016 Unknown Document Type
MOTION for Partial Summary Judgment on Good Faith and Willfulness filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Cohen, Michael)
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Legal Document (Payment Possibly Required) 140 Filed: 12/1/2016, Entered: 12/1/2016 Unknown Document TypeCourt Filing
ORDER granting 137 Motion to Seal 136 Proposed Sealed Exhibits. Signed by Senior Judge James C. Fox on 12/1/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 139 Filed: 11/21/2016, Entered: 11/21/2016 Unknown Document TypeCourt Filing
Order Setting Hearing - Settlement Conference set for 2/21/2017 at 9:00 AM in Wilmington - Courtroom 3 before Magistrate Judge Robert B. Jones, Jr. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/21/2016. Counsel should read the order in its entirety for related deadlines. (Grady, B.)
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Legal Document (Payment Possibly Required) 138 Filed: 11/18/2016, Entered: 11/18/2016 Unknown Document TypeCourt Filing
Minute Entry for proceeding held before Magistrate Judge Robert B. Jones, Jr.: Telephonic Motion Hearing held on 11/18/2016 regarding 130 Joint MOTION to Abate Mediation Requirement. Counsel for parties present via telephone. After hearing from the parties, the Court DENIES the motion to abate mediation. Written order setting the case for a court-hosted settlement conference to follow. (Court Reporter FTR Gold) (Grady, B.)
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Legal Document (Payment Possibly Required) 137 Filed: 11/16/2016, Entered: 11/16/2016 Unknown Document Type
MOTION to Seal 136 PROPOSED SEALED Exhibit,,, filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Memmorandum In Support of Motion, # 2 Text of Proposed Order) (Hernandez, Gilda)
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Sealed Legal Document 136 Filed: 11/16/2016, Entered: 11/16/2016 Unknown Document Type
SEALED Exhibit (Selected Participants Only)by Plaintiffs (available to: Defendants A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc., Plaintiffs Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya) regarding 134 Statement of Material Facts,,,,. (Attachments: # 1 Exhibit Ex. B - Employee Bi-weekly Reports, # 2 Exhibit Ex. C - Supervisor Tally Sheets, # 3 Exhibit Ex. D - Employee List for Payroll, # 4 Exhibit Ex. E - Tool Reimbursement Agreement, # 5 Exhibit Ex. K - Sample of Timesheets, # 6 Exhibit Ex. L - FWI Employee Names, Addresses, and Employment Dates, # 7 Exhibit Ex. M - Sample of Welding Deductions, # 8 Exhibit Ex. N - Ridgeview High Certified Payroll Records, # 9 Exhibit Ex. O - Travel Expense Reimbursement Letters) (Hernandez, Gilda) Modified on 12/1/2016 to remove the word "proposed" pursuant to 140 order. (Grady, B.)
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Legal Document (Payment Possibly Required) 135 Filed: 11/16/2016, Entered: 11/16/2016 Unknown Document Type
Memorandum in Support regarding 133 MOTION for Summary Judgment on Liability filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 134 Filed: 11/16/2016, Entered: 11/16/2016 Unknown Document Type
Statement of Material Facts regarding 133 MOTION for Summary Judgment on Liability filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Exhibit Ex. A - Defendants Responses to Plaintiffs First Set of Interrogatories, # 2 Exhibit Ex. B - Employee Bi-weekly Reports, # 3 Exhibit Ex. C - Supervisor Tally Sheets, # 4 Exhibit Ex. D - Employee List for Payroll, # 5 Exhibit Ex. E - Tool Reimbursement Agreement, # 6 Exhibit Ex. F - Deposition of Salvador Montoya, # 7 Exhibit Ex. G - Deposition of Jorge Benavides, # 8 Exhibit Ex. H - Deposition of Rossel Zelaya, # 9 Exhibit Ex. I - Deposition of Edward Hernandez, # 10 Exhibit Ex. J - Plf. Responses to Defendants First Set of ROGs, # 11 Exhibit Ex. K - Sample of Timesheets, # 12 Exhibit Ex. L - FWI Employee Names, Addresses, and Employment Dates, # 13 Exhibit Ex. M - Sample of Welding Deductions, # 14 Exhibit Ex. N - Ridgeview High Certified Payroll Records, # 15 Exhibit Ex. O - Travel Expense Reimbursement Letters) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 133 Filed: 11/16/2016, Entered: 11/16/2016 Unknown Document Type
MOTION for Summary Judgment on Liability filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 132 Filed: 11/16/2016, Entered: 11/16/2016 Unknown Document TypeCourt Filing
ORDER Setting Hearing on 130 Joint MOTION to Abate Mediation Requirement: Telephonic Motion Hearing set for 11/18/2016 at 10:00 AM before Magistrate Judge Robert B. Jones, Jr. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/16/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 131 Filed: 11/14/2016, Entered: 11/14/2016 Unknown Document Type
Notice of Appearance filed by Michael Bernard Cohen on behalf of All Plaintiffs. (Cohen, Michael)
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Legal Document (Payment Possibly Required) 130 Filed: 11/10/2016, Entered: 11/10/2016 Unknown Document Type
Joint MOTION to Abate Mediation Requirement filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Text of Proposed Order) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 129 Filed: 10/26/2016, Entered: 10/26/2016 Unknown Document TypeCourt Filing
ORDER granting 128 Motion for Extension of Time. The deadline to produce any R.26(e) Supplemental Disclosures is set for December 2, 2016. Signed by Magistrate Judge Robert B. Jones, Jr. on 10/26/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 128 Filed: 10/24/2016, Entered: 10/24/2016 Unknown Document Type
Consent MOTION for Extension of Time to Serve Supplemental Disclosures Pursuant to Fed. R. Civ. P. 23(e) filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 127 Filed: 10/3/2016, Entered: None Unknown Document TypeCourt Filing
AMENDED SCHEDULING ORDER: Discovery due by 10/25/2016. Motions due by 12/9/2016. Jury Trial reset for 3/27/2017 term in Wilmington - Courtroom 1 before Senior Judge James C. Fox. Signed by Magistrate Judge Robert B. Jones, Jr. on 10/3/2016. (Grady, B.) (Entered: 10/03/2016)
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Legal Document (Payment Possibly Required) 126 Filed: 9/29/2016, Entered: None Unknown Document Type
Joint MOTION for Extension of Time to Complete Discovery Mediation, and to File Dispositive and Decertification Motions filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Text of Proposed Order) (Davies, Joseph) (Entered: 09/29/2016)
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Legal Document (Payment Possibly Required) 125 Filed: 7/26/2016, Entered: None Unknown Document TypeCourt Filing
ORDER denying without prejudice 123 Motion to Abate Mediation Deadline. Mediation shall be concluded no later than October 10, 2016. Signed by Magistrate Judge Robert B. Jones, Jr. on 7/25/2016. (Grady, B.) (Entered: 07/26/2016)
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Legal Document (Payment Possibly Required) 124 Filed: 6/15/2016, Entered: None Unknown Document Type
RESPONSE to Motion regarding 123 MOTION to Abate Mediation Deadline filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph) (Entered: 06/15/2016)
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Legal Document (Payment Possibly Required) 123 Filed: 6/1/2016, Entered: None Unknown Document Type
MOTION to Abate Mediation Deadline filed by Rossel O. Alfaro Zelaya. (Braziel, Jimmy) (Entered: 06/01/2016)
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Legal Document (Payment Possibly Required) 122 Filed: 4/29/2016, Entered: None Unknown Document Type
Notice of Change of Address filed by Gilda A. Hernandez filed by on behalf of Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda) (Entered: 04/29/2016)
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Legal Document (Payment Possibly Required) 121 Filed: 4/7/2016, Entered: 4/7/2016 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of filing of Opt-Out as party Plaintiff to the Rule 23 Class Action. (Attachments: # 1 Exhibit A - Opt-Out Forms) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 120 Filed: 3/21/2016, Entered: 3/21/2016 Unknown Document TypeCourt Filing
ORDER granting 109 Motion for Leave to File Spanish Language Opt-Out Forms, 110 Supplemental Motion for Leave to File Spanish Language Opt-Out Forms and 111 Supplemental Motion for Leave to File Spanish Language Opt-Out Forms. The class members who timely filed the Spanish language opt-out forms shall file the English language version of the form on or before April 8, 2016. Signed by Senior Judge James C. Fox on 3/21/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 119 Filed: 3/11/2016, Entered: 3/11/2016 Unknown Document TypeCourt Filing
AMENDED SCHEDULING ORDER: Discovery due by 10/10/2016. Motions due by 11/23/2016. Jury Trial set for 3/6/2017 term of court in Wilmington - Courtroom 1 before Senior Judge James C. Fox. Signed by Magistrate Judge Robert B. Jones, Jr. on 3/10/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 118 Filed: 3/4/2016, Entered: 3/4/2016 Unknown Document Type
Rule 26(f) Report (joint) filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 117 Filed: 2/22/2016, Entered: 2/22/2016 Unknown Document TypeCourt Filing
ORDER granting 115 Motion for Extension of Time. The Parties' deadline to submit the Supplemental Discovery Plan is continued until and including March 4, 2016. Signed by Magistrate Judge Robert B. Jones, Jr. on 2/22/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 116 Filed: 2/19/2016, Entered: 2/19/2016 Unknown Document Type
REPLY to Response to Motion regarding 110 Supplemental MOTION for Leave to File Spanish Language Opt-Out Forms, 109 MOTION for Leave to File Spanish Language Opt-Out Forms, 111 Supplemental MOTION for Leave to File Additional Spanish Langauge Opt-Out Form filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit Email Correspondence, # 2 Appendix Unpublished Authority) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 115 Filed: 2/19/2016, Entered: 2/19/2016 Unknown Document Type
Joint MOTION for Extension of Time to Extend Discovery Schedule Deadline filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 114 Filed: 2/17/2016, Entered: 2/17/2016 Unknown Document TypeCourt Filing
ORDER granting 113 Motion for Extension of Time. The Parties' deadline to submit the Supplemental Discovery Plan is continued until and including February 19, 2016. Signed by Magistrate Judge Robert B. Jones, Jr. on 2/17/2016. (Grady, B.)
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Legal Document (Payment Possibly Required) 113 Filed: 2/12/2016, Entered: 2/12/2016 Unknown Document Type
Joint MOTION for Extension of Time to Extend Discovery Schedule Deadline filed by Flores Welding, Inc.. (Attachments: # 1 Text of Proposed Order) (Vann, James)
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Legal Document (Payment Possibly Required) 112 Filed: 2/5/2016, Entered: 2/5/2016 Unknown Document Type
RESPONSE in Opposition regarding 109 MOTION for Leave to File Spanish Language Opt-Out Forms filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Exhibit A - Email Correspondence Between Parties, # 2 Exhibit B - Spanish Opt-Out Forms with Undelivered Notices) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 111 Filed: 2/2/2016, Entered: 2/2/2016 Unknown Document Type
Supplemental MOTION for Leave to File Additional Spanish Langauge Opt-Out Form filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit C - Additional Spanish Opt-Out Form) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 110 Filed: 2/1/2016, Entered: 2/1/2016 Unknown Document Type
Supplemental MOTION for Leave to File Spanish Language Opt-Out Forms filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit B - Additional Spanish Opt-Out Forms) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 109 Filed: 1/29/2016, Entered: 1/29/2016 Unknown Document Type
MOTION for Leave to File Spanish Language Opt-Out Forms filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit Spanish Opt-Out Forms) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 108 Filed: 1/29/2016, Entered: 1/29/2016 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Filing of Opt-Out as Party Plaintiff to the Rule 23 Class Action. (Attachments: # 1 Exhibit A - A. Chiles Opt-out Form, # 2 Exhibit B - A. Gamez-Guillen Opt-out Form) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 107 Filed: 1/27/2016, Entered: 1/27/2016 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Filing of Opt-Out as Party Plaintiff to the Rule 23 Class Action. (Attachments: # 1 Exhibit A - Opt-out Form - C. Fowler, # 2 Exhibit B - Opt-out Form - N. Vallecillo Lozano) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 106 Filed: 1/8/2016, Entered: 1/8/2016 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consents to Join Suit as Party Plaintiffs. (Attachments: # 1 Exhibit Consent to Join Suit as Party Plaintiff, # 2 Exhibit Consent to Join Suit as Party Plaintiff, # 3 Exhibit Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 105 Filed: 1/6/2016, Entered: 1/6/2016 Unknown Document Type
STATUS REPORT by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 104 Filed: 1/6/2016, Entered: 1/6/2016 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consents to Join Suit as Party Plaintiffs. (Attachments: # 1 Exhibit Consent to Join Suit as Party Plaintiff, # 2 Exhibit Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 103 Filed: 12/31/2015, Entered: 12/31/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of filing of Opt-Out as party Plaintiff to the Rule 23 Class Action. (Attachments: # 1 Exhibit A - Opt-Out Form - Locklear, Nolan Dean, # 2 Exhibit B - Opt-Out Form - Garibay Rico, Ruben) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 102 Filed: 12/18/2015, Entered: 12/18/2015 Unknown Document TypeCourt Filing
ORDER - This matter is before the court sua sponte to address the status of a discovery plan in this case. No later than January 11, 2016, counsel shall either file a supplemental discovery plan including proposed deadlines for conducting merits discovery, mediation or other ADR, the filing of potentially dispositvie motions, and trial, or a joint status report informing the court that they intend to file a supplemental discovery plan no later than February 12, 2016 (two weeks after the opt-in date). Signed by Magistrate Judge Robert B. Jones, Jr. on 12/18/2015. (Grady, B.)
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Legal Document (Payment Possibly Required) 101 Filed: 12/2/2015, Entered: 12/2/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya Amended Notice of Mailing of Court-Required Notice to Class. (Attachments: # 1 Exhibit A - Notice and Consent Forms) (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 100 Filed: 12/1/2015, Entered: 12/1/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consent to Join Suit as Party Plaintiff. (Attachments: # 1 Exhibit A - Consent to Join Suit by G. Person) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 99 Filed: 11/30/2015, Entered: 11/30/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya Notice of Mailing of Court-Required Notice to Class. (Attachments: # 1 Exhibit A - Notice and Consent Forms) (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 98 Filed: 10/23/2015, Entered: 10/23/2015 Unknown Document TypeCourt Filing
ORDER regarding 97 Notice - The court APPROVES the proposed notice and accompanying forms. It is hereby ORDERED that a copy of the notice, and an accurate Spanish translation of the notice, shall be mailed to each possible plaintiff. The Spanish translation shall be prepared by an individual certified as a Spanish-English Federal Court Interpreter by the Administrative Office of the United States Courts. Signed by Senior Judge James C. Fox on 10/23/2015. (Grady, B.)
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Legal Document (Payment Possibly Required) 97 Filed: 10/22/2015, Entered: 10/22/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya regarding 96 Order PARTIES RESUBMISSION OF THEIR PROPOSED COLLECTIVE AND CLASS ACTION UPDATED NOTICE AND OPT-IN/OPT OUT FORMS PURSUANT TO THE FAIR LABOR STANDARDS ACT AND R. 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE. (Attachments: # 1 Exhibit A - Proposed Notice, # 2 Exhibit B - Opt-in Form, # 3 Exhibit C - Opt-Out Form) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 96 Filed: 10/21/2015, Entered: 10/21/2015 Unknown Document TypeCourt Filing
ORDER regarding 95 Notice - The parties are DIRECTED to remove the signature block on page 8 of the notice and to resubmit the proposed notices and forms. Signed by Senior Judge James C. Fox on 10/21/2015. (Grady, B.)
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Legal Document (Payment Possibly Required) 95 Filed: 10/19/2015, Entered: 10/19/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya regarding 94 Order on Motion to Certify Class, Order on Motion for Leave to File Excess Pages,,,,,, OF THE PARTIES STIPULATED AGREEMENT TO BOTH COLLECTIVE AND CLASS ACTION NOTICE AND OPT-IN/OPT OUT FORMS PURSUANT TO THE FAIR LABOR STANDARDS ACT AND R. 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE. (Attachments: # 1 Exhibit Parties' Proposed Notice to Collective/Class Action Members, # 2 Exhibit Parties' Proposed Consent to Join Suit as Opt-in Plaintiff Form, # 3 Exhibit Parties' Proposed Class Action Opt-out Form) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 94 Filed: 9/28/2015, Entered: 9/28/2015 Unknown Document TypeCourt Filing
ORDER granting in part and denying in part 61 Motion for Conditional Class Certification and granting 88 Motion for Leave to File Excess Pages. Within twenty-one (21) days of entry of this order, the parties shall confer and jointly submit a proposed class notice and accompanying forms in accordance with this order. The parties shall also confer regarding a suitable deadline for opting-in and submit that deadline to the court. Present counsel for the plaintiffs, Jimmy D. Braziel and Gilda A. Hernandez, are appointed as class counsel. A+ and Flores Welding shall provide plaintiffs' counsel with the names and last known addresses of all putative class members within fourteen (14) days of this order. Signed by Senior Judge James C. Fox on 9/28/2015. (Grady, B.)
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Legal Document (Payment Possibly Required) 93 Filed: 9/2/2015, Entered: 9/2/2015 Unknown Document Type
Notice of Suggestion of Subsequently Controlling Decided Authority filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya . (Attachments: # 1 Ex 1 - Supplemental Authority - Bell v. PNC) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 92 Filed: 8/21/2015, Entered: 8/21/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya of Consent to Join Suit as Party Plaintiff. (Attachments: # 1 Exhibit 1 - Consent to Join Suit as Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 91 Filed: 6/23/2015, Entered: 6/23/2015 Unknown Document Type
Notice filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consent to Join Suit as Party Plaintiff. (Attachments: # 1 Exhibit Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 90 Filed: 3/4/2015, Entered: 3/4/2015 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A - Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 89 Filed: 2/19/2015, Entered: 2/19/2015 Unknown Document Type
REPLY to Response to Motion regarding 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Exhibit A - Unpublished Authority, # 2 Exhibit B - Proposed Amended Notice) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 88 Filed: 2/19/2015, Entered: 2/19/2015 Unknown Document Type
MOTION for Leave to File Excess Pages in Plaintiffs' Reply in Support of Plaintiffs' Motion for Conditional/Class Certification by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 87 Filed: 2/13/2015, Entered: 2/13/2015 Unknown Document TypeCourt Filing
ORDER TO PARTICULARIZE regarding 86 Order on Motion for Protective Order. Counsel is reminded to read the order in its entirety for further information. Signed by US Magistrate Judge Robert B. Jones, Jr. on 2/13/2015. (Edwards, S.)
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Legal Document (Payment Possibly Required) 86 Filed: 2/13/2015, Entered: 2/13/2015 Unknown Document TypeCourt Filing
ORDER granting 85 Motion for Protective Order. Counsel is reminded to read the order in its entirety for further information. Signed by US Magistrate Judge Robert B. Jones, Jr. on 2/13/2015. (Edwards, S.)
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Legal Document (Payment Possibly Required) 85 Filed: 2/11/2015, Entered: 2/11/2015 Unknown Document Type
Joint MOTION for Protective Order by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Stipulated Protective Order) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 84 Filed: 2/9/2015, Entered: 2/9/2015 Unknown Document Type
SECOND Joint MOTION for Extension of Time to File Reply as to 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 83 Filed: 1/30/2015, Entered: 1/30/2015 Unknown Document Type
Consent MOTION for Extension of Time to File Reply as to 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 82 Filed: 1/26/2015, Entered: 1/26/2015 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A - Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 81 Filed: 1/16/2015, Entered: 1/16/2015 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A - Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 80 Filed: 1/16/2015, Entered: 1/16/2015 Unknown Document Type
RESPONSE in Opposition regarding 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit A - Declaration of Marielle Belhassen, # 2 Exhibit B - Rossell Sandoval Timesheets, # 3 Exhibit C - Hernandez OSHA Certification, # 4 Exhibit D - Pinta OSHA Certification, # 5 Exhibit E - Unpublished Authority) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 79 Filed: 1/13/2015, Entered: 1/13/2015 Unknown Document Type
Declaration regarding 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 78 Filed: 1/13/2015, Entered: 1/13/2015 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A - Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 77 Filed: 1/9/2015, Entered: 1/9/2015 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya of Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A - Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 76 Filed: 1/9/2015, Entered: 1/9/2015 Unknown Document Type
CERTIFICATE OF SERVICE by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya regarding 75 Declaration, SUPPLEMENTAL DECLARATION OF ALBERTO CASTILLO IN SUPPORT OF PLAINTIFFS' MOTION FOR CONDITIONAL CLASS CERTIFICATION AND COURT-AUTHORIZED NOTICE UNDER SECTION 216(B) OF THE FAIR LABOR STANDARDS ACT AND CERTIFICATION PURSUANT TO R.23 OF THE FEDERAL RULES OF CIVIL PROCEDURE (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 75 Filed: 1/9/2015, Entered: 1/9/2015 Unknown Document Type
Declaration regarding 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 74 Filed: 1/2/2015, Entered: 1/2/2015 Unknown Document TypeCourt Filing
ORDER granting in part and denying in part 46 Motion for Protective Order. Counsel is reminded to read the order in its entirety for further information. Signed by US Magistrate Judge Robert B. Jones, Jr. on 1/2/2015. (Edwards, S.)
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Legal Document (Payment Possibly Required) 73 Filed: 1/2/2015, Entered: 1/2/2015 Unknown Document Type
Answer To Third Amended Complaint ANSWER to 72 Amended Complaint, by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph)
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Legal Document (Payment Possibly Required) 72 Filed: 12/16/2014, Entered: 12/16/2014 Unknown Document Type
CORRECTED THIRD AMENDED COMPLAINT against All Defendants, filed by Rossel O. Alfaro Zelaya, Edward Hernandez, Salvador Montoya. (Hernandez, Gilda) Modified on 12/17/2014 to correct the document description. This document was filed to correct the deficiency as noted on 12/16/2014. (Edwards, S.)
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Legal Document (Payment Possibly Required) 71 Filed: 12/16/2014, Entered: 12/16/2014 Unknown Document Type
'CORRECTED AND REFILED ON 12/16/2014 AT 72 ' - THIRD AMENDED COMPLAINT against A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc., filed by Rossel O. Alfaro Zelaya filed pursuant to the court's order at 70 . (Edwards, S.)
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Legal Document (Payment Possibly Required) 70 Filed: 12/16/2014, Entered: 12/16/2014 Unknown Document TypeCourt Filing
ORDER granting 56 Motion for Leave to File. The Clerk of Court is DIRECTED to separately docket Plaintiff Zelaya's proposed amended complaint [DE-57-1] as the new operative complaint in this case. Signed by Senior Judge James C. Fox on 12/15/2014. (Edwards, S.)
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Legal Document (Payment Possibly Required) 69 Filed: 11/28/2014, Entered: 11/28/2014 Unknown Document Type
REPLY to Response to Motion regarding 56 MOTION for Leave to File His THird Amended Complaint to Add NCWHA Claims, RUle 23 Class Allegations, and Additional Named Plaintiffs filed by Rossel O. Alfaro Zelaya. (Attachments: # 1 Exhibit Belhassen Depo. Excerpts, # 2 Exhibit Unpublished Authority) (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 68 Filed: 11/21/2014, Entered: 11/21/2014 Unknown Document TypeCourt Filing
ORDER granting 67 Motion for Extension of Time to File Response to 61 Motion to Certify Class - Defendants' time to respond shall be extended (a) to ten (10) days after entry of an order denying Plaintiff's pending motion for leave to file an amended complaint or (b) fourteen (14) days after Defendants file their Answer to the Third Amended Complaint, if the motion for leave to amend is granted. Signed by Senior Judge James C. Fox on 11/21/2014. (Tripp, S.)
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Legal Document (Payment Possibly Required) 67 Filed: 11/20/2014, Entered: 11/20/2014 Unknown Document Type
MOTION for Extension of Time to File Response as to 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc. (Attachments: # 1 Text of Proposed Order) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 66 Filed: 11/11/2014, Entered: 11/11/2014 Unknown Document Type
RESPONSE to Motion regarding 56 MOTION for Leave to File His THird Amended Complaint to Add NCWHA Claims, RUle 23 Class Allegations, and Additional Named Plaintiffs filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit A - Documents Produced in Discovery, # 2 Exhibit B - Unpublished Authority) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 65 Filed: 11/7/2014, Entered: 11/7/2014 Unknown Document TypeCourt Filing
ORDER granting 60 Motion for Leave to File Excess Pages. Signed by Senior Judge James C. Fox on 11/7/2014. (Edwards, S.)
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Legal Document (Payment Possibly Required) 64 Filed: 11/6/2014, Entered: 11/6/2014 Unknown Document Type
Exhibit List for the hearing held on 11/6/2014. (Grady, B.)
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Legal Document (Payment Possibly Required) 63 Filed: 11/6/2014, Entered: 11/6/2014 Unknown Document TypeCourt Filing
Minute Entry for proceeding held before Magistrate Judge Robert B. Jones, Jr.: Motion Hearing held on 11/6/2014 regarding 46 Emergency MOTION for Protective Order. Counsel for plaintiff and defendant present. Argument as to the motion presented by both parties. Written order to follow. (Court Reporter FTR GOLD) (Grady, B.)
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Legal Document (Payment Possibly Required) 62 Filed: 11/5/2014, Entered: 11/5/2014 Unknown Document Type
Memorandum in Support regarding 61 MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. filed by Rossel O. Alfaro Zelaya. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit A - Deposition Transcript of Marielle Belhassen, # 3 Exhibit B - Declaration of Rossel O. Alfaro Zelaya, # 4 Exhibit C - Declaration of Salvador I. Montoya, # 5 Exhibit D - Declaration of Ricardo Ayala, # 6 Exhibit E - Declaration of Jary Diaz Sanchez, # 7 Exhibit F - Declaration of Edward Hernandez, # 8 Exhibit G - Declaration of Alan Arellano, # 9 Exhibit H - Declaration of Joel Lazaro Carbonell, # 10 Exhibit I - Declaration of Sergio Botello, # 11 Exhibit J - Declaration of Jaime Alfaro Zelaya, # 12 Exhibit K - Sample Timesheets for A+ and Flores Welding, # 13 Exhibit L - A+ Employee Handbook, # 14 Exhibit M - Flores Welding Employee Handbook, # 15 Exhibit N - Sample Flores Timesheets - Clintwood, VA, # 16 Exhibit O - Sample Flores Timesheets Reviewed with Defendant Belhassen, # 17 Exhibit P - Sample Flores Timesheets with Employees' Unpaid Hours, # 18 Exhibit Q - Sample Flores Timesheets with Unapproved Overtime Hours, # 19 Exhibit R - List of Putative Class Members, # 20 Exhibit S - Proposed Judicial Notice, # 21 Exhibit T - Proposed Judicial Notice with Corrective Language, # 22 Exhibit U - Amedisys Court-Approved Corrective Notice, # 23 Exhibit V - Resumes of Class Counsel, # 24 Exhibit W-1 - Unpublished Authority, # 25 Exhibit W-2 - Unpublished Authority, # 26 Exhibit W-3 - Unpublished Authority) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 61 Filed: 11/5/2014, Entered: 11/5/2014 Unknown Document Type
MOTION to Certify Class Conditionally Certify This Matter As A Collective Action And For A Court-Authorized Notice To Be Issued Under Section 216(b) Of The Fair Labor Standards Act, And To Certify This Matter As A Class Action Under Fed. R. Civ. P. 23(a) And (b)(3), And To Appoint Class Counsel Under Fed. R. Civ. P. 23(g) by Rossel O. Alfaro Zelaya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 60 Filed: 11/5/2014, Entered: 11/5/2014 Unknown Document Type
Consent MOTION for Leave to File Excess Pages by Rossel O. Alfaro Zelaya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 59 Filed: 11/4/2014, Entered: 11/4/2014 Unknown Document Type
SUR-REPLY to Response to Motion regarding 46 Emergency MOTION for Protective Order and Corrective Mailing to Address Defendants' Improper Communication with Putative Class Members filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Exhibit A - Declaration of Marielle Belhassen, # 2 Exhibit B-Declaration of Julio Flores) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 58 Filed: 10/30/2014, Entered: 10/30/2014 Unknown Document TypeCourt Filing
ORDER Setting Hearing on 46 Emergency MOTION for Protective Order: Motion Hearing set for 11/6/2014 at 2:00 PM in Wilmington - Courtroom 3 before Magistrate Judge Robert B. Jones, Jr. Signed by Magistrate Judge Robert B. Jones, Jr. on 10/30/2014. (Grady, B.)
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Legal Document (Payment Possibly Required) 57 Filed: 10/20/2014, Entered: 10/20/2014 Unknown Document Type
Memorandum in Support regarding 56 MOTION for Leave to File His THird Amended Complaint to Add NCWHA Claims, RUle 23 Class Allegations, and Additional Named Plaintiffs filed by Rossel O. Alfaro Zelaya. (Attachments: # 1 Exhibit A - Proposed Third Amended Complaint, # 2 Exhibit B - Conference eMail, # 3 Exhibit C - Unpublished Legal Authority) (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 56 Filed: 10/20/2014, Entered: 10/20/2014 Unknown Document Type
MOTION for Leave to File His THird Amended Complaint to Add NCWHA Claims, RUle 23 Class Allegations, and Additional Named Plaintiffs by Rossel O. Alfaro Zelaya. (Attachments: # 1 Text of Proposed Order) (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 55 Filed: 9/23/2014, Entered: 9/23/2014 Unknown Document Type
RESPONSE in Opposition regarding 51 MOTION to Strike 50 Reply to Response to Motion,, and Objections to Declarations Filed Therewith filed by Rossel O. Alfaro Zelaya. (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 54 Filed: 9/19/2014, Entered: 9/19/2014 Unknown Document Type
NOTICE by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc. regarding 52 Notice-(other), 51 MOTION to Strike 50 Reply to Response to Motion,, and Objections to Declarations Filed Therewith Defendants' Objection to Declaration of Salvador Montoya (Davies, Joseph)
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Legal Document (Payment Possibly Required) 53 Filed: 9/19/2014, Entered: 9/19/2014 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya of Filing of Consents to Join Suit (Attachments: # 1 Exhibit 1 - Notice of Consent to Join Suit of Alan Arellano, # 2 Exhibit 2 - Notice of Consent to Join Suit of Jaime Alfaro Zelaya, # 3 Exhibit 3 - Notice of Consent to Join Suit of Joel Lazaro Carbonell, # 4 Exhibit 4 - Notice of Consent to Join Suit of Ricardo Ayala, # 5 Exhibit 5 - Notice of Consent to Join Suit of Sergio Botello, # 6 Exhibit 6 - Notice of Consent to Join Suit of Salvador Montoya) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 52 Filed: 9/19/2014, Entered: 9/19/2014 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya regarding 46 Emergency MOTION for Protective Order and Corrective Mailing to Address Defendants' Improper Communication with Putative Class Members of Filing of Supplemental Declaration in Support of Plaintiff's Motion for Protective Order (Attachments: # 1 Exhibit A - Declaration of Salvador Montoya) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 51 Filed: 9/16/2014, Entered: 9/16/2014 Unknown Document Type
MOTION to Strike 50 Reply to Response to Motion,, and Objections to Declarations Filed Therewith by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Appendix) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 50 Filed: 9/15/2014, Entered: 9/15/2014 Unknown Document Type
REPLY to Response to Motion regarding 46 Emergency MOTION for Protective Order and Corrective Mailing to Address Defendants' Improper Communication with Putative Class Members filed by Rossel O. Alfaro Zelaya. (Attachments: # 1 Exhibit A - Rossel Alfaro Zelaya Declaration, # 2 Exhibit B - Jary Diaz Declaration, # 3 Exhibit C - Jaime Alfaro Declaration, # 4 Exhibit D - Gilda Hernandez Declaration, # 5 Exhibit E - Sergio Botello Declaration, # 6 Exhibit F) (Braziel, Jimmy)
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Legal Document (Payment Possibly Required) 49 Filed: 9/9/2014, Entered: 9/9/2014 Unknown Document Type
RESPONSE in Opposition regarding 46 Emergency MOTION for Protective Order and Corrective Mailing to Address Defendants' Improper Communication with Putative Class Members filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Affidavit Declaration of Marielle Belhassen, # 2 Affidavit Declaration of Mary Holland, # 3 Exhibit C, # 4 Exhibit D) (Davies, Joseph)
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Legal Document (Payment Possibly Required) 48 Filed: 9/4/2014, Entered: 9/4/2014 Unknown Document Type
NOTICE by Rossel O. Alfaro Zelaya of Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit Consent to Join Suit as Party Plaintiff) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 47 Filed: 9/2/2014, Entered: 9/2/2014 Unknown Document Type
Memorandum in Support regarding 46 Emergency MOTION for Protective Order and Corrective Mailing to Address Defendants' Improper Communication with Putative Class Members filed by Rossel O. Alfaro Zelaya. (Attachments: # 1 Exhibit A - Blank Affidavit of Former Employee, # 2 Exhibit B - Email Correspondence re Affidavits of Former Employees, # 3 Exhibit C - Defendants' Signed Affidavits, # 4 Exhibit D - Email Correspondence re Letters to Former Employees, # 5 Exhibit E - Plaintiff's Letter to Former Employees with Defendants' Suggested Changes, # 6 Exhibit F - Plaintiff's Correspondence to Former Employees, # 7 Exhibit G-1 - Unpublished Legal Authority, # 8 Exhibit G-2 - Unpublished Legal Authority) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 46 Filed: 9/2/2014, Entered: 9/2/2014 Unknown Document Type
Emergency MOTION for Protective Order and Corrective Mailing to Address Defendants' Improper Communication with Putative Class Members by Rossel O. Alfaro Zelaya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda)
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Legal Document (Payment Possibly Required) 45 Filed: 4/24/2014, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER: Discovery due by 10/15/2014 - Plaintiff's motion for conditional certification due by 11/17/2014 - Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by US Magistrate Judge Robert B. Jones, Jr., on 4/24/2014. (Attachments: # 1 Consent to US Magistrate Judge Form) (Edwards, S.) (Entered: 04/24/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 4/23/2014, Entered: None Unknown Document Type
Rule 26(f) Report (joint) by Rossel O. Alfaro Zelaya. (Hernandez, Gilda) (Entered: 04/23/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 3/24/2014, Entered: None Unknown Document Type
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court, on 3/24/2014. (Grady, B.) (Grady, B.). (Entered: 03/24/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 3/24/2014, Entered: None Unknown Document Type
ANSWER to 34 Amended Complaint by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Davies, Joseph) (Entered: 03/24/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 3/13/2014, Entered: None Unknown Document Type
NOTICE of Appearance by Joseph Alan Davies on behalf of All Defendants (Davies, Joseph) (Entered: 03/13/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 3/11/2014, Entered: None Unknown Document Type
Amended MOTION for Extension of Time to File Answer regarding Notice of Deficiency by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Vann, James) (Entered: 03/11/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 3/10/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 38 Motion to Withdraw as Attorney. Attorney Ashley Louise Felton and Brian J. Schoolman terminated. Signed by Senior Judge James C. Fox on 3/10/2014. (Edwards, S.) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 3/10/2014, Entered: None Unknown Document Type
MOTION to Withdraw as Attorney by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Attachments: # 1 Text of Proposed Order) (Felton, Ashley) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 3/10/2014, Entered: None Unknown Document Type
Proposed Order regarding 36 MOTION for Extension of Time to File Answer regarding 34 Amended Complaint filed by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc.. (Vann, James) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 36 Filed: 3/10/2014, Entered: None Unknown Document Type
'REFILED ON 3/11/2014 AT 40 ' - MOTION for Extension of Time to File Answer regarding 34 Amended Complaint by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio Flores, Flores Welding, Inc. (Vann, James) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 3/10/2014, Entered: None Unknown Document Type
NOTICE of Appearance by James R. Vann on behalf of All Defendants (Vann, James) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 34 Filed: 2/20/2014, Entered: None Unknown Document Type
SECOND AMENDED COMPLAINT against All Defendants, filed by Rossel Sandoval-Zelaya. (Hernandez, Gilda) (Entered: 02/20/2014)
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Legal Document (Payment Possibly Required) 33 Filed: 2/19/2014, Entered: None Unknown Document Type
NOTICE of Appearance by Jimmy D. Braziel on behalf of All Plaintiffs (Braziel, Jimmy) (Entered: 02/19/2014)
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Legal Document (Payment Possibly Required) 32 Filed: 2/18/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 31 Motion for Extension of Time to File the Rule 26(f) report. Counsel is reminded to read the order in its entirety for critical deadline information. Signed by US Magistrate Judge William A. Webb on 2/18/2014. (Edwards, S.) (Entered: 02/18/2014)
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Legal Document (Payment Possibly Required) 31 Filed: 2/18/2014, Entered: None Unknown Document Type
Joint MOTION for Extension of Time to File the Parties' F.R.Civ.P. 26(f) Report by Rossel Sandoval-Zelaya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda) (Entered: 02/18/2014)
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Legal Document (Payment Possibly Required) 30 Filed: 2/14/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 25 Motion to Amend the Complaint. Plaintiffs shall have ten (10) days to file the proposed Second Amended Complaint. The parties are reminded to read the order in its entirety. Signed by Senior Judge James C. Fox on 2/14/2014. (Edwards, S.) (Entered: 02/14/2014)
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Legal Document (Payment Possibly Required) 29 Filed: 2/12/2014, Entered: None Unknown Document Type
NOTICE by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio C. Flores, Flores Welding, Inc. regarding 25 MOTION to Amend/Correct Plaintiff's First Amended Complaint Notice of Non-Opposition to Plaintiff's Motion to Amend Plaintiff's First Amended Complaint (Felton, Ashley) (Entered: 02/12/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 2/4/2014, Entered: None Unknown Document TypeCourt Filing
ORDER granting 27 Motion to Stay the Parties' Rule 26(f) Report Deadline and Scheduling Order in Abeyance until the Court rules on Plaintiffs Motion for Leave to Amend His First Amended Complaint. The parties shall file a proposed discovery plan within ten (10) days of such entry. Signed by US Magistrate Judge William A. Webb on 2/4/2014. (Edwards, S.) (Entered: 02/04/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 1/31/2014, Entered: None Unknown Document Type
Joint MOTION to Stay the Parties' R. 26(f) Report Deadline and Scheduling Order in Abeyance until the Court Rules on Plaintiff's Motion for Leave to Amend His First Amended Complaint by Rossel Sandoval-Zelaya. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint Motion to Hold the Parties' R. 26(f) Report Deadline and Scheduling Order in Abeyance until the Court Rules on Plaintiff's Motion for Leave to Amend His First Amended Complaint) (Hernandez, Gilda) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 26 Filed: 1/23/2014, Entered: None Unknown Document Type
Memorandum in Support regarding 25 for Leave to file Plaintiff's Second Amended Complaint to add FLSA Collective Action Allegations and to Join Opt-In Plaintiff filed by Rossel Sandoval-Zelaya. (Attachments: # 1 Exhibit Ex. A: Proposed Second Amended Complaint, # 2 Exhibit Ex. B: Email Correspondence Between Plaintiff and Defendants' Counsel) (Hernandez, Gilda) Modified on 1/24/2014 to correct the document description (Edwards, S.). (Entered: 01/23/2014)
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Legal Document (Payment Possibly Required) 25 Filed: 1/23/2014, Entered: None Unknown Document Type
MOTION for Leave to file Plaintiff's Second Amended Complaint to add FLSA Collective Action Allegations and to Join Opt-In Plaintiff by Rossel Sandoval-Zelaya. (Attachments: # 1 Text of Proposed Order) (Hernandez, Gilda) Modified on 1/24/2014 to correct document description (Edwards, S.). (Entered: 01/23/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 1/23/2014, Entered: None Unknown Document Type
NOTICE by Rossel Sandoval-Zelaya of Filing of Consent to Sue by Opt-in Plaintiff Jary Diaz (Attachments: # 1 Exhibit Ex. A: Consent to Sue by Jary Diaz) (Hernandez, Gilda) (Entered: 01/23/2014)
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Legal Document (Payment Possibly Required) 23 Filed: 1/16/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Marielle Belhassen. (Attachments: # 1 Certificate of Service) (Felton, Ashley) (Entered: 01/16/2014)
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Legal Document (Payment Possibly Required) 22 Filed: 1/16/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Julio C. Flores. (Attachments: # 1 Certificate of Service) (Felton, Ashley) (Entered: 01/16/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 1/16/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Flores Welding, Inc.. (Attachments: # 1 Certificate of Service) (Felton, Ashley) (Entered: 01/16/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 1/16/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by A Tires, Brakes, Lubes, and Mufflers, Inc.. (Attachments: # 1 Certificate of Service) (Felton, Ashley) (Entered: 01/16/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 1/15/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Marielle Belhassen. (Felton, Ashley) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 1/15/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Julio C. Flores. (Felton, Ashley) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 17 Filed: 1/15/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Flores Welding, Inc.. (Felton, Ashley) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 1/15/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by A Tires, Brakes, Lubes, and Mufflers, Inc.. (Felton, Ashley) (Entered: 01/15/2014)
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Legal Document (Payment Possibly Required) 15 Filed: 1/10/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Flores Welding, Inc.. (Felton, Ashley) (Entered: 01/10/2014)
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Legal Document (Payment Possibly Required) 14 Filed: 1/10/2014, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by A Tires, Brakes, Lubes, and Mufflers, Inc.. (Felton, Ashley) (Entered: 01/10/2014)
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Legal Document (Payment Possibly Required) 13 Filed: 1/10/2014, Entered: None Unknown Document Type
ANSWER to 12 Amended Complaint by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio C. Flores, Flores Welding, Inc.. (Felton, Ashley) (Entered: 01/10/2014)
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Legal Document (Payment Possibly Required) 12 Filed: 12/31/2013, Entered: None Unknown Document Type
AMENDED COMPLAINT against All Defendants, filed by Rossel Sandoval-Zelaya. (Hernandez, Gilda) (Entered: 12/31/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 12/20/2013, Entered: None Unknown Document Type
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 12/20/2013. (Edwards, S.) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 12/20/2013, Entered: None Unknown Document Type
NOTICE of Appearance by Ashley Louise Felton on behalf of All Defendants (Felton, Ashley) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 12/20/2013, Entered: None Unknown Document Type
NOTICE of Appearance by Ashley Louise Felton on behalf of All Defendants (Felton, Ashley) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 12/20/2013, Entered: None Unknown Document Type
ANSWER to 1 Complaint, with Jury Demand by A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio C. Flores, Flores Welding, Inc.. (Felton, Ashley) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 12/4/2013, Entered: None Unknown Document Type
AFFIDAVIT of Service for Summons served on A+ Tires, Brakes, Lubes and Mufflers, Inc., Flores Welding, Inc., Julio Flores, Marielle Belhassen on 12-3-2013, filed by Rossel Sandoval-Zelaya. (Hernandez, Gilda) (Entered: 12/04/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 11/22/2013, Entered: None Unknown Document Type
Summons Issued as to A Tires, Brakes, Lubes, and Mufflers, Inc., Marielle Belhassen, Julio C. Flores, Flores Welding, Inc. (Edwards, S.) (Entered: 11/22/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 11/21/2013, Entered: None Unknown Document Type
FINANCIAL DISCLOSURE STATEMENT by Rossel Sandoval-Zelaya (Hernandez, Gilda) (Entered: 11/21/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 11/21/2013, Entered: None Unknown Document Type
NOTICE of Appearance by Gilda A. Hernandez on behalf of Rossel Sandoval-Zelaya (Hernandez, Gilda) (Entered: 11/21/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 11/21/2013, Entered: None Unknown Document Type
DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 4 . NOTICE of Appearance by Gilda A. Hernandez on behalf of Rossel Sandoval-Zelaya (Hernandez, Gilda) Modified on 11/21/2013 (Moore, L.). (Entered: 11/21/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 11/21/2013, Entered: None Unknown Document Type
DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 5 . FINANCIAL DISCLOSURE STATEMENT by Rossel Sandoval-Zelaya (Hernandez, Gilda) Modified on 11/21/2013 (Moore, L.). (Entered: 11/21/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 11/21/2013, Entered: None Unknown Document Type
COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0417-2716097), filed by Rossel Sandoval-Zelaya. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons A+ Tires, Brakes, Lubes, and Mufflers, # 3 Proposed Summons Flores Welding, Inc., # 4 Proposed Summons J. Flores, # 5 Proposed Summons M. Belhassen, # 6 Exhibit A - R. Sandoval Consent to Sue) (Hernandez, Gilda) (Entered: 11/21/2013)
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