Ayala v. Cook Family Builders LLC
Federal Civil Lawsuit Oregon District Court, Case No. 3:17-cv-00266
Magistrate Judge Paul Papak, presiding

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Last Updated March 7, 2019 at 4:39 AM EST (2.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

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No Logo Juan Lopez Ayala, Plaintiff

Toggle Switch Represented by Law Offices of D. Michael Dale

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY D. Michael Dale +1 503 357 8290 +1 503 357 8290 michaeldale@dmichaeldale.net

Toggle Switch Represented by Northwest Workers' Justice Project

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Bonnie E. Allen-Sailer +1 503 525 8454 +1 503 946 3029 bonnie@nwjp.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Corinna R. Spencer-Scheurich +1 503 525 8454 +1 503 946 3029 corinna@nwjp.org
No Logo Moshe Daboub, Plaintiff

Toggle Switch Represented by Law Offices of D. Michael Dale

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY D. Michael Dale +1 503 357 8290 +1 503 357 8290 michaeldale@dmichaeldale.net

Toggle Switch Represented by Northwest Workers' Justice Project

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Bonnie E. Allen-Sailer +1 503 525 8454 +1 503 946 3029 bonnie@nwjp.org
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Corinna R. Spencer-Scheurich +1 503 525 8454 +1 503 946 3029 corinna@nwjp.org
v.
No Logo Cook Family Builders LLC, Defendant
No Logo Shelbyville Properties LLC, Defendant

Toggle Switch Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Jennifer A. Nelson +1 503 552 2140 +1 503 224 4518 jennifer.nelson@ogletreedeakins.com
No Logo Zane Cook, Defendant
Citation Section 15 U.S.C. § 2(a)
Nature of Suit 710 - Labor: Fair Labor Standards Act
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Legal Document (Payment Possibly Required) 35 Filed: 4/3/2018, Entered: None Unknown Document TypeCourt Filing
OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 33 . Plaintiffs' Motion for Attorney Fees 30 is Granted and the Cook Defendants are ordered to pay Plaintiffs' attorney fees in the amount of $14,210. Signed on 4/3/18 by Judge Michael W. Mosman. (gm) (Entered: 04/04/2018)
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    Legal Document (Payment Possibly Required) 34 Filed: 3/6/2018, Entered: None Unknown Document TypeCourt Filing
    ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation 33 is referred to Judge Michael W. Mosman for review. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm) (Entered: 03/06/2018)
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      Legal Document (Payment Possibly Required) 33 Filed: 3/6/2018, Entered: None Unknown Document TypeCourt Filing
      Findings & Recommendation: Plaintiffs' Motion for Attorney Fees 30 should be granted as discussed, and the Cook defendants should be ordered to pay plaintiffs' attorney fees and costs in the total amount of $14,210. Signed on 3/6/18 by Magistrate Judge Paul Papak. (gm) (Entered: 03/06/2018)
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        Legal Document (Payment Possibly Required) 32 Filed: 11/27/2017, Entered: None Unknown Document TypeCourt Filing
        ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiffs' Motion for Attorney Fees 30 on the under advisement calendar of 1/2/2018. (gm) (Entered: 11/27/2017)
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          Legal Document (Payment Possibly Required) 31 Filed: 11/21/2017, Entered: None Unknown Document Type
          Declaration of Bonnie Allen-Sailer in Support of Motion for Attorney Fees. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 30 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Allen-Sailer, Bonnie) (Entered: 11/21/2017)
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            Legal Document (Payment Possibly Required) 30 Filed: 11/21/2017, Entered: None Unknown Document Type
            Motion for Attorney Fees . Filed by All Plaintiffs. Response is due by 12/5/2017. (Allen-Sailer, Bonnie) (Entered: 11/21/2017)
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              Legal Document (Payment Possibly Required) 29 Filed: 11/9/2017, Entered: None Unknown Document TypeCourt Filing
              DEFAULT JUDGMENT AGAINST DEFENDANTS COOK FAMILY BUILDERS LLC AND ZANE COOK: Granting Plaintiffs' Motion for Default Judgment Against Defendants Cook Family Builders LLC and Zane Cook 25 . Judgment is entered in favor of Plaintiffs, Juan Lopez Ayala and Moshe Daboub, and against Defendants, Cook Family Builders LLC and Zane Cook jointly and severally in the amount of $23,535.26 in favor of Mr. Lopez and $27,856.15 in favor of Mr. Daboub. Post-judgment interest shall accrue on the Judgment amount at the current post-judgment rate per annum pursuant to 28 U.S.C. ยง 1961 from the date of the entry of this Judgment until paid in full. Signed on 11/9/17 by Judge Michael W. Mosman. (gm) (Entered: 11/13/2017)
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                Legal Document (Payment Possibly Required) 28 Filed: 11/1/2017, Entered: None Unknown Document Type
                Declaration of Bonnie Allen-Sailer in Support of Motion for Default Judgment. Filed by All Plaintiffs. (Related document(s): Motion for default judgment 25 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Allen-Sailer, Bonnie) (Entered: 11/01/2017)
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                  Legal Document (Payment Possibly Required) 27 Filed: 11/1/2017, Entered: None Unknown Document Type
                  Declaration of Plaintiff Moshe Daboub in Support of Motion for Default Judgment. Filed by All Plaintiffs. (Related document(s): Motion for default judgment 25 .) (Attachments: # 1 Exhibit) (Allen-Sailer, Bonnie) (Entered: 11/01/2017)
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                    Legal Document (Payment Possibly Required) 26 Filed: 11/1/2017, Entered: None Unknown Document Type
                    Declaration of Plaintiff Juan Lopez Ayala in Support of Motion for Default Judgment. Filed by All Plaintiffs. (Related document(s): Motion for default judgment 25 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Allen-Sailer, Bonnie) (Entered: 11/01/2017)
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                      Legal Document (Payment Possibly Required) 25 Filed: 11/1/2017, Entered: None Unknown Document Type
                      Motion for Default Judgment Against Defendants Cook Family Builders LLC and Zane Cook. Filed by All Plaintiffs. (Allen-Sailer, Bonnie) (Entered: 11/01/2017)
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                        Legal Document (Payment Possibly Required) 24 Filed: 10/2/2017, Entered: None Unknown Document Type
                        Clerk's Entry of Default as to Defendants Zane Cook and Cook Family Builders LLC. (gm) (Entered: 10/02/2017)
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                          Legal Document (Payment Possibly Required) 23 Filed: 10/2/2017, Entered: None Unknown Document TypeCourt Filing
                          ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Motion for Entry of Default 21 as to Defendants Cook Family Builders LLC and Zane Cook. Within thirty (30) days, Plaintiffs shall file a motion for default judgment as to these two defendants along with a proposed form of judgment for review by a U.S. District Judge. (gm) (Entered: 10/02/2017)
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                            Legal Document (Payment Possibly Required) 22 Filed: 9/28/2017, Entered: None Unknown Document Type
                            Declaration of Bonnie Allen-Sailer in Support of Motion for Entry of Default. Filed by All Plaintiffs. (Related document(s): Motion for default 21 .) (Allen-Sailer, Bonnie) (Entered: 09/28/2017)
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                              Legal Document (Payment Possibly Required) 21 Filed: 9/28/2017, Entered: None Unknown Document Type
                              Motion for Entry of Default Against Defendants Cook Family Builders LLC and Zane Cook. Filed by All Plaintiffs. (Allen-Sailer, Bonnie) (Entered: 09/28/2017)
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                                Legal Document (Payment Possibly Required) 20 Filed: 8/31/2017, Entered: None Unknown Document TypeCourt Filing
                                ORDER OF DISMISSAL AS TO DEFENDANT SHELBYVILLE PROPERTIES LLC (ONLY): The Court having been informed by counsel for the Plaintiffs and Defendant Shelbyville Properties LLC that this action has been settled, it is Ordered that this action as to Defendant Shelbyville Properties LLC (only) is Dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions as to this defendant, if any, are Denied as Moot. Signed on 8/31/17 by Magistrate Judge Paul Papak. (gm) (Entered: 08/31/2017)
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                                  Legal Document (Payment Possibly Required) 19 Filed: 8/17/2017, Entered: None Unknown Document TypeCourt Filing
                                  ORDER issued by Magistrate Judge Paul Papak: Granting Defendant Shelbyville Properties' Unopposed Fourth Motion for Extension of Time 17 as follows: Answer deadline reset to 8/30/2017 for all defendants. (gm) (Entered: 08/17/2017)
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                                    Legal Document (Payment Possibly Required) 18 Filed: 8/16/2017, Entered: None Unknown Document Type
                                    Declaration of Jennifer A. Nelson in Support of Motion for Extension of Time to Respond to Plaintiff's Complaint. Filed by Shelbyville Properties LLC. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 17 .) (Nelson, Jennifer) (Entered: 08/16/2017)
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                                      Legal Document (Payment Possibly Required) 17 Filed: 8/16/2017, Entered: None Unknown Document Type
                                      Motion for Extension of Time to Answer Complaint, 1 . Filed by Shelbyville Properties LLC. (Nelson, Jennifer) (Entered: 08/16/2017)
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                                        Legal Document (Payment Possibly Required) 16 Filed: 8/2/2017, Entered: None Unknown Document TypeCourt Filing
                                        ORDER issued by Magistrate Judge Paul Papak: Granting Defendant Shelbyville Properties' Unopposed Third Motion for Extension of Time 13 as follows: Answer deadline reset to 8/16/2017 for Defendant Shelbyville Properties LLC. (gm) (Entered: 08/03/2017)
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                                          Legal Document (Payment Possibly Required) 15 Filed: 8/2/2017, Entered: None Unknown Document Type
                                          Notice of Unavailability of Jennifer A. Nelson (September 4-8, 2017) Filed by Shelbyville Properties LLC (Nelson, Jennifer) (Entered: 08/02/2017)
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                                            Legal Document (Payment Possibly Required) 14 Filed: 8/2/2017, Entered: None Unknown Document Type
                                            Declaration of Jennifer A. Nelson in Support of Defendant Shelbyville's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Filed by Shelbyville Properties LLC. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 13 .) (Nelson, Jennifer) (Entered: 08/02/2017)
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                                              Legal Document (Payment Possibly Required) 13 Filed: 8/2/2017, Entered: None Unknown Document Type
                                              Unopposed Motion for Extension of Time to Answer /Respond to Complaint, 1 . Filed by Shelbyville Properties LLC. (Nelson, Jennifer) (Entered: 08/02/2017)
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                                                Legal Document (Payment Possibly Required) 12 Filed: 7/6/2017, Entered: None Unknown Document TypeCourt Filing
                                                ORDER issued by Magistrate Judge Paul Papak: Granting Defendant Shelbyville Properties' Unopposed Second Motion for Extension of Time 10 as follows: Answer deadline reset to 8/2/2017 for Defendant Shelbyville Properties LLC. (gm) (Entered: 07/06/2017)
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                                                  Legal Document (Payment Possibly Required) 11 Filed: 7/3/2017, Entered: None Unknown Document Type
                                                  Declaration of Jennifer A. Nelson in Support of Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Filed by Shelbyville Properties LLC. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 10 .) (Nelson, Jennifer) (Entered: 07/03/2017)
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                                                    Legal Document (Payment Possibly Required) 10 Filed: 7/3/2017, Entered: None Unknown Document Type
                                                    Unopposed Motion for Extension of Time to Answer Complaint, 1 . Filed by Shelbyville Properties LLC. (Nelson, Jennifer) (Entered: 07/03/2017)
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                                                      Legal Document (Payment Possibly Required) 9 Filed: 6/2/2017, Entered: None Unknown Document Type
                                                      Waiver of Service of Summons Returned Executed by Zane Cook waiver sent on 5/16/2017. Filed by Juan Lopez Ayala; Moshe Daboub. (Allen-Sailer, Bonnie) (Entered: 06/02/2017)
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                                                        Legal Document (Payment Possibly Required) 8 Filed: 6/2/2017, Entered: None Unknown Document Type
                                                        Waiver of Service of Summons Returned Executed by Cook Family Builders LLC waiver sent on 5/16/2017. Filed by Juan Lopez Ayala; Moshe Daboub. (Allen-Sailer, Bonnie) (Entered: 06/02/2017)
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                                                          Legal Document (Payment Possibly Required) 7 Filed: 5/2/2017, Entered: None Unknown Document TypeCourt Filing
                                                          ORDER issued by Magistrate Judge Paul Papak: Granting Defendant Shelbyville Properties' Unopposed Motion for Extension of Time 5 as follows: Answer deadline reset to 7/3/2017 for Defendant Shelbyville Properties LLC. (gm) (Entered: 05/02/2017)
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                                                            Legal Document (Payment Possibly Required) 6 Filed: 5/1/2017, Entered: None Unknown Document Type
                                                            Declaration of Jennifer A. Nelson in Support of Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Filed by Shelbyville Properties LLC. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 5 .) (Nelson, Jennifer) (Entered: 05/01/2017)
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                                                              Legal Document (Payment Possibly Required) 5 Filed: 5/1/2017, Entered: None Unknown Document Type
                                                              Unopposed Motion for Extension of Time to Answer to Respond to Complaint, 1 . Filed by Shelbyville Properties LLC. (Nelson, Jennifer) Modified on 5/2/2017 to remove duplicate word complaint from the docket text (cib). (Entered: 05/01/2017)
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                                                                Legal Document (Payment Possibly Required) 4 Filed: 3/17/2017, Entered: None Unknown Document Type
                                                                Waiver of Service of Summons Returned Executed by Shelbyville Properties LLC waiver sent on 3/2/2017. Filed by Juan Lopez Ayala; Moshe Daboub. (Allen-Sailer, Bonnie) (Entered: 03/17/2017)
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                                                                  Legal Document (Payment Possibly Required) 3 Filed: 2/17/2017, Entered: None Unknown Document Type
                                                                  Summons Issued Electronically as to Zane Cook, Cook Family Builders LLC, Shelbyville Properties LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: # 1 issued summons Zane Cook, # 2 issued summons Shelbyville Properties LLC) (cib) (Entered: 02/17/2017)
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                                                                    Legal Document (Payment Possibly Required) 2 Filed: 2/16/2017, Entered: None Unknown Document TypeCourt Filing
                                                                    Notice of Case Assignment to Magistrate Judge Paul Papak and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/16/2017. Joint Alternate Dispute Resolution Report is due by 7/17/2017. Pretrial Order is due by 7/17/2017. Ordered by Magistrate Judge Paul Papak. (cib) (Entered: 02/17/2017)
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                                                                      Legal Document (Payment Possibly Required) 1 Filed: 2/16/2017, Entered: None Unknown Document Type
                                                                      Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4908834 Jury Trial Requested: Yes. Filed by Juan Lopez Ayala, Moshe Daboub against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons). (Allen-Sailer, Bonnie) (Entered: 02/16/2017)
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