| Court: | flmd |
| Docket #: | 6:95-cv-00660 |
| Case Name: | Reich v. Cruises Only, Inc., et al |
| PACER case #: | 82310 |
| Date filed: | 1995-06-29 |
| Date terminated: | 1997-06-05 |
| Assigned to: | Senior Judge Patricia C. Fawsett |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | None |
| Jurisdiction: | U.S. Government Plaintiff |
| Represented Party | Attorney & Contact Info |
| Robert B. Reich Plaintiff Secretary of Labor, United States Department of Labor |
Jaylynn K. Fortney Larry A. Auerbach Leslie Paul Brody Thomas S. Williamson , Jr. |
| Cruises Only, Inc. Defendant a corporation |
Robert W. Rasch Thomas P. Moran |
| Wayne Heller Defendant individually and as president |
Robert W. Rasch Thomas P. Moran |
| Judy Heller Defendant individually and as vice-president |
Robert W. Rasch Thomas P. Moran |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1995-06-29 | 1 | 0 | COMPLAINT filed under fair labor standards act. (djd) (Entered: 06/29/1995) | |||
| 1995-06-29 | 2 | 0 | ORDER directing plaintiff's counsel to review and certify compliance with Local Rule 1.04(c) within 10 days. ( Signed by Judge Patricia C. Fawsett ) ctc (djd) (Entered: 06/29/1995) | |||
| 1995-07-19 | 3 | 0 | CERTIFICATE OF COMPLIANCE with Local Rule 1.04(c) by plaintiff Robert B. Reich to [2-1] order - no pending or related cases. (djd) (Entered: 07/19/1995) | |||
| 1995-07-26 | 4 | 0 | NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (kab) (Entered: 07/27/1995) | |||
| 1995-08-30 | 5 | 0 | JOINT MOTION by plaitniff Robert B. Reich, defendant Cruises Only, Inc. to extend time for 20 days to file responsive pleading referred to Magistrate Judge Donald P. Dietrich (djd) (Entered: 08/30/1995) | |||
| 1995-09-06 | 6 | 0 | ORDER granting [5-1] joint motion to extend time for 20 days to file responsive pleading ( Signed by Magistrate Judge Donald P. Dietrich ) ctc (djd) (Entered: 09/06/1995) | |||
| 1995-09-20 | 7 | 0 | NOTICE of filing plaintiff's amended complaint by Robert B. Reich (kab) (Entered: 09/20/1995) | |||
| 1995-09-20 | 8 | 0 | AMENDED COMPLAINT by Robert B. Reich amending [1-1] complaint. (kab) (Entered: 09/20/1995) | |||
| 1995-09-21 | 9 | 0 | CASE MANAGEMENT REPORT. (djd) (Entered: 09/21/1995) | |||
| 1995-09-21 | 10 | 0 | NOTICE of filing plaintiff's amended complaint by plaintiff Robert B. Reich (djd) (Entered: 09/21/1995) | |||
| 1995-09-27 | 11 | 0 | CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 2/1/96 ; Deadline for filing of motions 9/3/96 ; Discovery cutoff 8/1/96 ; Pretrial conference for 8:30 11/26/96 ; Pretrial statement due on or before 10/3/96 Bench trial set for 12/2/96 Scheduled for Judge Patricia C. Fawsett ( signed by Judge Patricia C. Fawsett ) ctc (djd) (Entered: 09/27/1995) | |||
| 1995-10-02 | 12 | 0 | ANSWER and affirmative defenses by defendants Cruises Only, Inc., Wayne Heller, Judy Heller to amended complaint (djd) (Entered: 10/03/1995) | |||
| 1995-10-16 | 13 | 0 | MOTION by defendants Cruises Only, Inc., Wayne Heller, Judy Heller for entry of a protective order referred to Magistrate Judge Donald P. Dietrich (djd) (Entered: 10/16/1995) | |||
| 1995-11-09 | 14 | 0 | PROTECTIVE ORDER - granting defendants' [13-1] motion for entry of a protective order ( Signed by Magistrate Judge Donald P. Dietrich ) ctc (djd) (Entered: 11/09/1995) | |||
| 1996-07-10 | 15 | 0 | JOINT MOTION by plaintiff Robert B. Reich, defendants Cruises Only, Inc., Wayne Heller, Judy Heller to extend case management time frames for a period of 90 days , and to continue trial from 12/2/96 to 3/3/97 (djd) (Entered: 07/10/1996) | |||
| 1996-07-17 | 16 | 0 | AMENDED CASE MANAGEMENT AND SCHEDULING ORDER setting Settlement conference for 11:00 on 12/9/96 Joining of parties,amending of pleadings on 2/1/96 ; Deadline for filing of motions 12/2/96 ; Discovery cutoff 11/1/96 ; Pretrial conference for 8:30 2/27/97 ; Pretrial statement due on or before 1/3/97 Bench trial set for 3/3/97 Scheduled for Judge Patricia C. Fawsett ( signed by Judge Patricia C. Fawsett on 7/16/96 ) ctc (djd) (Entered: 07/17/1996) | |||
| 1996-09-03 | 17 | 0 | NOTICE of service of expert reports by defendants Cruises Only, Inc., Wayne Heller, Judy Heller (djd) (Entered: 09/04/1996) | |||
| 1996-10-04 | 18 | 0 | MOTION by Cruises Only, Inc., Wayne Heller, Judy Heller with memorandum in support to compel production of documents, answers to interrogatories and to determine sufficiency of answers and objections to request for admission; with Appendix/Exhibits A-J; referred to Magistrate Judge James G. Glazebrook (gjs) Modified on 10/07/1996 (Entered: 10/07/1996) | |||
| 1996-10-04 | 19 | 0 | REQUEST for oral argument by Cruises Only, Inc., Wayne Heller, Judy Heller re: [18-1] motion to compel production of documents, answers to interrogatories (gjs) (Entered: 10/07/1996) | |||
| 1996-10-21 | 20 | 0 | MEMORANDUM by Robert B. Reich in opposition to [18-1] motion to compel production of documents, answers to interrogatories (gjs) (Entered: 10/21/1996) | |||
| 1996-11-29 | 21 | 0 | MOTION by Robert B. Reich for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 22 | 0 | MEMORANDUM by Robert B. Reich in support of [21-1] motion for partial summary judgment (with attachments A-DD) (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 23 | 0 | DECLARATION of Katherine Zupnik Anderson by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 24 | 0 | DECLARATION of Bonnie Bloomfield by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 25 | 0 | DECLARATION of Sean Scott by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 26 | 0 | DECLARATION of Mary Catherine Kahle by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 27 | 0 | DECLARATION of Jeffrey Anderson by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 28 | 0 | DECLARATION of Charles Ratliff by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 29 | 0 | DECLARATION of John Ludvigsen by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 30 | 0 | DECLARATION of Robert W. LePisto by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 31 | 0 | DECLARATION of Richard Knodt by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 32 | 0 | DECLARATION of James G. Godsman by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-11-29 | 33 | 0 | DECLARATION of Donald P. Middlebrooks by Robert B. Reich Re: [21-1] motion for partial summary judgment (gjs) (Entered: 12/02/1996) | |||
| 1996-12-02 | 34 | 0 | ORDER [21-1] motion for partial summary judgment taken under advisement; Response to motion reset to 12/26/96 for [21-1] motion for partial summary judgment ( Signed by Judge Patricia C. Fawsett ) ctc (gjs) (Entered: 12/02/1996) | |||
| 1996-12-02 | 35 | 0 | MOTION by Cruises Only, Inc., Wayne Heller, Judy Heller for summary judgment (gjs) (Entered: 12/03/1996) | |||
| 1996-12-02 | 36 | 0 | MEMORANDUM by Cruises Only, Inc., Wayne Heller, Judy Heller in support of [35-1] motion for summary judgment; Appendix A-G attached (gjs) (Entered: 12/03/1996) | |||
| 1996-12-03 | 37 | 0 | ORDER that [35-1] motion for summary judgment taken under advisement; Response to motion set to 12/30/96 for [35-1] motion for summary judgment ( Signed by Judge Patricia C. Fawsett ) ctc (gjs) (Entered: 12/03/1996) | |||
| 1996-12-26 | 38 | 0 | MEMORANDUM by defendants Cruises Only, Inc., Wayne Heller, Judy Heller in opposition to [21-1] motion for partial summary judgment. Exhibits attached. (djd) (Entered: 12/27/1996) | |||
| 1996-12-26 | 39 | 0 | NOTICE of filing items in support of their motion for summary judgment and in support of their response to the motion for partial summary judgment filed by the plaintiff by defendants Cruises Only, Inc., Wayne Heller, Judy Heller. Exhibits A-C attached. (djd) (Entered: 12/27/1996) | |||
| 1996-12-30 | 40 | 0 | MEMORANDUM by plaintiff Robert B. Reich in opposition to [35-1] motion for summary judgment. Exhibits 1-4 attached. (djd) (Entered: 12/31/1996) | |||
| 1997-01-03 | 41 | 0 | JOINT FINAL PRETRIAL STATEMENT. (djd) (Entered: 01/03/1997) | |||
| 1997-01-22 | 42 | 0 | NOTICE of Hearing: Motion Hearing set at 3:00 p.m. on 2/10/97 before Magistrate Judge James G. Glazebrook re: [18-1] Motion to compel production of documents, answers to interrogatories and [18-2] to determine sufficiency of answers and objections to request for admission ctc (gjs) (Entered: 01/22/1997) | |||
| 1997-02-10 | 43 | 0 | MINUTE ENTRY: Motion Hearing held on 2/10/97 before Magistrate Judge James G. Glazebrook (gjs) (Entered: 02/11/1997) | |||
| 1997-02-20 | 44 | 0 | AMENDED NOTICE of Hearing: reset Final Pretrial Conference at 9:00 a.m. on 2/28/97 before Magistrate Judge James G. Glazebrook ctc (gjs) (Entered: 02/21/1997) | |||
| 1997-02-21 | 45 | 0 | ORDER denying [18-1] motion to compel production of documents, answers to interrogatories and [18-2] to determine sufficiency of answers and objections to request for admission ( Signed by Magistrate Judge James G. Glazebrook ) ctc (gjs) Modified on 02/21/1997 (Entered: 02/21/1997) | |||
| 1997-02-21 | 46 | 0 | TRIAL BRIEF by Defendants Cruises Only, Inc., Wayne Heller and Judy Heller (gjs) Modified on 02/21/1997 (Entered: 02/21/1997) | |||
| 1997-02-21 | 47 | 0 | PROPOSED FINDINGS OF FACT and CONCLUSIONS OF LAW by Defendants Cruises Only, Inc., Wayne Heller and Judy Heller (gjs) Modified on 02/21/1997 (Entered: 02/21/1997) | |||
| 1997-02-21 | 48 | 0 | TRIAL BRIEF by Plaintiff Robert B. Reich (gjs) (Entered: 02/21/1997) | |||
| 1997-02-21 | 49 | 0 | PROPOSED FINDINGS OF FACT and CONCLUSIONS OF LAW by Plaintiff Robert B. Reich (gjs) (Entered: 02/21/1997) | |||
| 1997-02-24 | 50 | 0 | ORDER re: documents submitted to be filed under seal - the Clerk shall file the Notice of Filing in the public record and return the attachments to Government solicitor ( Signed by Magistrate Judge James G. Glazebrook ) ctc (gjs) (Entered: 02/24/1997) | |||
| 1997-02-24 | 51 | 0 | NOTICE of Filing pursuant to Court Order by Robert B. Reich (documents filed were returned to Plaintiff per Court Order at Docket No. 50) (gjs) (Entered: 02/24/1997) | |||
| 1997-02-25 | 52 | 0 | JOINT MOTION by Plaintiff Robert B. Reich and Defendants Cruises Only, Inc., Wayne Heller and Judy Heller to continue Trial and Pretrial Conference (gjs) (Entered: 02/25/1997) | |||
| 1997-02-28 | 53 | 0 | MINUTE ENTRY: Final Pretrial Conference held on 2/28/97 before Magistrate Judge James G. Glazebrook; Court will issue a memorandum to Judge Fawsett recommending that case be taken off calendar (gjs) (Entered: 02/28/1997) | |||
| 1997-06-05 | 54 | 0 | ORDER granting defendant's [35-1] motion for summary judgment; and, denying plaintiff's [21-1] motion for partial summary judgment; the Clerk is directed to enter summary judgment for Defendnts and close this case ( Signed by Patricia C. Fawsett ) ctc MFR Number 93/1700 (gjs) (Entered: 06/05/1997) | |||
| 1997-06-05 | 55 | 0 | JUDGMENT for Defendants Cruises Only, Inc., Wayne Heller and Judy Heller against Plaintiff Robert B. Reich; it is Ordered and Adjudged that the Plaintiff take nothing, that the action be dismissed on the merits, and that the Defendants recover of the Plaintiff their costs of action; Civil Appeals Checklist Mailed (entered by G. Schafer, Deputy Clerk) MFR Number 93/1715 ctc (gjs) (Entered: 06/05/1997) | |||
| 1997-06-18 | 56 | 0 | AFFIDAVIT of Costs for attorney Thomas P. Moran by defendants Cruises Only, Inc., Wayne Heller and Judy Heller re: [57-1] Bill of Costs (gjs) (Entered: 06/19/1997) | |||
| 1997-06-19 | 57 | 0 | BILL OF COSTS taxed in the amount of $ 1,572.95 ctc MF Number 93/1930 (gjs) (Entered: 06/19/1997) | |||
| 1997-07-02 | 58 | 0 | MOTION by Cruises Only, Inc. for attorney fees (nbl) (Entered: 07/03/1997) | |||
| 1997-07-02 | 59 | 0 | MEMORANDUM by Cruises Only, Inc. in support of [58-1] motion for attorney fees (nbl) (Entered: 07/03/1997) | |||
| 1997-07-03 | 60 | 0 | AFFIDAVIT of Christopher C. Skambis by Cruises Only, Inc. Re: [58-1] motion for attorney fees (nbl) (Entered: 07/03/1997) | |||
| 1997-07-02 | 61 | 0 | AFFIDAVIT of Kevin W. Shaughnessy by Cruises Only, Inc. Re: [58-1] motion for attorney fees (nbl) (Entered: 07/03/1997) | |||
| 1997-07-16 | 62 | 0 | AGREED JOINT MOTION by Robert B. Reich, Cruises Only, Inc., Wayne Heller and Judy Heller to extend time due on or before 8/14/97 to respond to Cruises Only's motion for attorney's fees (rm) (Entered: 07/17/1997) | |||
| 1997-07-28 | 63 | 0 | MOTION by Plaintiff Robert B. Reich to permit discovery referred to Magistrate Judge James G. Glazebrook (rm) Modified on 07/30/1997 (Entered: 07/30/1997) | |||
| 1997-07-28 | 64 | 0 | MEMORANDUM by Plaintiff Robert B. Reich in support of [63-1] motion to permit discovery (rm) (Entered: 07/30/1997) | |||
| 1997-08-04 | 65 | 0 | RESPONSE by Defendant Cruises Only, Inc. to Plaintiff's [63-1] motion to permit discovery (rm) (Entered: 08/06/1997) | |||
| 1997-08-08 | 66 | 0 | NOTICE OF APPEAL of [54-1] order by Robert B. Reich Appeal Information Sheet Sent to Appellant. Certificate of Readiness due on 8/25/97 (rdo) (Entered: 08/08/1997) | |||
| 1997-08-12 | 67 | 0 | MOTION for stay of consideration of motion for attorney's fees, to extend time to file reply ; by Plaintiff Robert B. Reich; referred to Magistrate Judge James G. Glazebrook (rm) (Entered: 08/13/1997) | |||
| 1997-08-15 | 68 | 0 | RESPONSE by Cruises Only, Inc. to [67-1] motion to extend time to file reply (rdo) (Entered: 08/15/1997) | |||
| 1997-08-27 | 69 | 0 | ORDER denying [67-1] motion to extend time to file reply; denying [58-1] motion for attorney fees ( Signed by Magistrate Judge James G. Glazebrook ) ctc (rdo) (Entered: 08/27/1997) | |||
| 1997-09-02 | 70 | 0 | MOTION by Cruises Only, Inc. for attorney fees (rdo) (Entered: 09/02/1997) | |||
| 1997-09-02 | 71 | 0 | MEMORANDUM by Cruises Only, Inc. in support of [70-1] motion for attorney fees (rdo) (Entered: 09/02/1997) | |||
| 1997-09-05 | 72 | 0 | NOTICE of filing a copy of Kevin W. Shaughnessy's affidavit of reasonable attorney's fees by Cruises Only, Inc. (rdo) (Entered: 09/09/1997) | |||
| 1997-09-11 | 73 | 0 | MOTION by Robert B. Reich to extend time to file reply to motion for attorney's fees referred to Magistrate Judge James G. Glazebrook (rdo) (Entered: 09/11/1997) | |||
| 1997-09-15 | 74 | 0 | Renewed MOTION by Plaintiff Robert B. Reich to permit discovery referred to Magistrate Judge James G. Glazebrook (rm) (Entered: 09/16/1997) | |||
| 1997-09-15 | 75 | 0 | MEMORANDUM by Plaintiff Robert B. Reich in support of [74-1] renewed motion to permit discovery (rm) (Entered: 09/16/1997) | |||
| 1997-09-18 | 76 | 0 | ORDER granting in part, denying in part [73-1] motion to extend time to file reply to motion for attorney's fees; granting in part, denying in part [74-1] motion to permit discovery, Motion hearing set for 2:00 10/29/97 for [70-1] motion for attorney fees Scheduled for Magistrate Judge James G. Glazebrook ( Signed by Magistrate Judge James G. Glazebrook ) ctc (rdo) (Entered: 09/18/1997) | |||
| 1997-10-10 | 77 | 0 | NOTICE of filing affidavit of Christopher Cottrill, CPA by Cruises Only, Inc. (rdo) (Entered: 10/14/1997) | |||
| 1997-10-10 | 78 | 0 | AFFIDAVIT of Christopher Cottrill, CPA by Cruises Only, Inc. Re: [70-1] motion for attorney fees (rdo) (Entered: 10/14/1997) | |||
| 1997-10-20 | 79 | 0 | MEMORANDUM by Robert B. Reich in opposition to [70-1] motion for attorney fees (rdo) (Entered: 10/22/1997) | |||
| 1997-10-24 | 80 | 0 | JUDGMENT OF USCA (certified copy) dismissing [66-1] appeal. Appellant's unopposed motion to dismiss with prejudice is GRANTED. MFR Number 94/257 Mandate date: 10/22/97 USCA EOD: 10/22/97 (rdo) (Entered: 10/24/1997) | |||
| 1997-10-29 | 81 | 0 | MINUTE ENTRY: Defendant's Motion for Attorney's Fees held on 10/29/97; Tape No. 97-192 & 193: 4941-2948 - Court to enter a Report and Recommendation to the District Judge. Court states government is to order transcript. (aw) (Entered: 10/30/1997) | |||
| 1997-11-25 | 82 | 0 | TRANSCRIPT OF PROCEEDINGS re: Hearing on defendant's motion for attorneys fees on the date of 10/29/97 before Judge James G. Glazebrook. Transcript filed separately. (aw) (Entered: 11/26/1997) | |||
| 1997-12-29 | 83 | 0 | REPORT AND RECOMMENDATIONS of Magistrate Judge James G. Glazebrook; Re: [70-1] motion for attorney fees. Recommended that the motion be granted. Motion no longer referred. Objections to R and R due by 1/12/98 ctc (aw) (Entered: 12/30/1997) | |||
| 1998-01-16 | 84 | 0 | OBJECTION by Robert B. Reich to [83-1] report and recommendations (lak) (Entered: 01/16/1998) | |||
| 1998-02-02 | 85 | 0 | RESPONSE by Cruises Only, Inc. in opposition to [84-1] objection to report and recommendation. (spr) (Entered: 02/03/1998) | |||
| 1998-02-23 | 86 | 0 | ORDER declining to adopt [83-1] report and recommendation, denying [70-1] motion for attorney fees, granting [84-1] objection to report and recommendation. ( Signed by Judge Patricia C. Fawsett) ctc (spr) (Entered: 02/23/1998) |