| Court: | laed |
| Docket #: | 2:16-cv-02501 |
| Case Name: | Castellanos v. Saints & Santos Construction, LLC et al |
| PACER case #: | 175919 |
| Date filed: | 2016-03-28 |
| Assigned to: | Judge Ivan L.R. Lemelle |
| Referred to: | Magistrate Judge Joseph C. Wilkinson, Jr |
| Case Cause: | 29:0207 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Jose Castellanos Plaintiff on behalf of himself and other persons similarly situated |
Roberto L. Costales Emily Westermeier William Henry Beaumont |
| Jose Pablo Hernandez Plaintiff |
Emily Westermeier |
| Mario Velasquez Lopez Plaintiff |
Emily Westermeier |
| Jose Cruz Plaintiff |
Emily Westermeier |
| Osman Espana Plaintiff |
Emily Westermeier |
| Gustavo Dubon Plaintiff |
Emily Westermeier |
| Milton Espinosa Plaintiff |
Emily Westermeier |
| Hugo Lopez Plaintiff |
Emily Westermeier |
| Osman Arauz Plaintiff |
Emily Westermeier |
| Saints & Santos Construction, LLC Defendant |
Nghana Lewis Gauff |
| Wiliomar Oliveira Defendant |
Nghana Lewis Gauff |
| Jose Santamaria Defendant TERMINATED: 06/22/2016 |
Nghana Lewis Gauff |
| Palmisano Contractors, LLC Defendant TERMINATED: 02/15/2017 |
Christopher K. LeMieux Daniel Aubry Ranson Craig R. Watson Jonathan S. Forester Ryan C. Higgins |
| Rufino's Painting and Construction Inc Defendant |
David L. Colvin Jeffery Patrick Brothers Jeffrey D. Hufft Shelly R. Hale |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-03-28 | 1 | 0 | COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-5302569) filed by Jose Castellanos. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)Attorney William Henry Beaumont added to party Jose Castellanos(pty:pla).(Beaumont, William) Modified on 3/29/2016 (mmv). (Entered: 03/28/2016) | |||
| 2016-03-28 | 2 | 0 | Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Joseph C. Wilkinson, Jr. (jls) (Entered: 03/28/2016) | |||
| 2016-03-29 | 3 | 0 | Summons Issued as to Wiliomar Oliveira, Saints & Santos Construction, LLC, Jose Santamaria. (Attachments: # 1 Summons, # 2 Summons)(mmv) (Entered: 03/29/2016) | |||
| 2016-04-01 | 4 | 0 | EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Jose Castellanos. (Attachments: # 1 Proposed Order)Attorney Emily Westermeier added to party Jose Castellanos(pty:pla).(Westermeier, Emily) (Entered: 04/01/2016) | |||
| 2016-04-04 | 5 | 0 | ORDER granting 4 Motion to Enroll Emily A. Westermeier as Counsel of Record for plaintiff. Signed by Judge Ivan L.R. Lemelle on 4/1/2016. (ijg) (Entered: 04/04/2016) | |||
| 2016-04-18 | 6 | 0 | SUMMONS Returned Executed; Wiliomar Oliveira served on 4/9/2016, answer due 5/2/2016. (Westermeier, Emily) (Entered: 04/18/2016) | |||
| 2016-04-18 | 7 | 0 | SUMMONS Returned Executed; Saints & Santos Construction, LLC served on 4/9/2016, answer due 5/2/2016. (Westermeier, Emily) (Entered: 04/18/2016) | |||
| 2016-04-29 | 8 | 0 | EXPARTE/CONSENT First MOTION for Extension of Time to Answer re 1 Complaint, by Wiliomar Oliveira, Saints & Santos Construction, LLC, Jose Santamaria. (Attachments: # 1 Proposed Order)Attorney Nghana Lewis Gauff added to party Wiliomar Oliveira(pty:dft), Attorney Nghana Lewis Gauff added to party Saints & Santos Construction, LLC(pty:dft), Attorney Nghana Lewis Gauff added to party Jose Santamaria(pty:dft).(Gauff, Nghana) (Entered: 04/29/2016) | |||
| 2016-05-03 | 9 | 0 | **DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Amended Complaint by Jose Castellanos. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Proposed Pleading, # 2 Summons, # 3 Proposed Order)(Westermeier, Emily) Modified on 5/4/2016 (mmv). (Entered: 05/03/2016) | |||
| 2016-05-04 | 10 | 0 | ORDER granting 8 Motion for Extension of Time to Answer re 1 Complaint. Signed by Judge Ivan L.R. Lemelle on 5/4/2016. (cms) (Entered: 05/04/2016) | |||
| 2016-05-05 | 11 | 0 | EXPARTE/CONSENT MOTION for Leave to File Amended Complaint by Jose Castellanos. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order, # 3 Summons)(Westermeier, Emily) Modified on 5/5/2016 (ijg). (Entered: 05/05/2016) | |||
| 2016-05-05 | 12 | 0 | Correction of Docket Entry by Clerk re 11 MOTION for Leave to File Amended Complaint ; Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. (ijg) (Entered: 05/05/2016) | |||
| 2016-05-12 | 13 | 0 | ORDER granting 11 Motion for Leave to File Amended Complaint. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 05/12/2016) | |||
| 2016-05-12 | 14 | 0 | AMENDED COMPLAINT with Jury Demand against Wiliomar Oliveira, Saints & Santos Construction, LLC, Jose Santamaria, Palmisano Contractors, LLC filed by Jose Castellanos.(ijg) (Entered: 05/12/2016) | |||
| 2016-05-12 | 15 | 0 | Summons Issued as to Palmisano Contractors, LLC. (ijg) (Entered: 05/12/2016) | |||
| 2016-05-13 | 16 | 0 | EXPARTE/CONSENT First MOTION for Extension of Time to Answer re 14 Amended Complaint by Saints & Santos Construction, LLC, Wiliomar Oliveira, Jose Santamaria. (Attachments: # 1 Proposed Order)(Gauff, Nghana) Modified on 5/13/2016 (ijg). (Entered: 05/13/2016) | |||
| 2016-05-13 | 17 | 0 | Correction of Docket Entry by Clerk re 16 First MOTION for Extension of Time to Answer re 14 Amended Complaint; Filing attorney did not select Wiliomar Oliveira and Jose Santamaria as filer(s). Clerk added filer(s). (ijg) (Entered: 05/13/2016) | |||
| 2016-05-19 | 18 | 0 | ORDER denying 16 Motion for Extension of Time to Answer. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 05/19/2016) | |||
| 2016-05-23 | 19 | 0 | First MOTION to Dismiss for Failure to State a Claim by Wiliomar Oliveira, Saints & Santos Construction, LLC, Jose Santamaria. Motion(s) will be submitted on 6/8/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Gauff, Nghana) (Entered: 05/23/2016) | |||
| 2016-05-31 | 20 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Jose Castellanos re 19 First MOTION to Dismiss for Failure to State a Claim . (Westermeier, Emily) (Entered: 05/31/2016) | |||
| 2016-06-01 | 21 | 0 | SUMMONS Returned Executed; Palmisano Contractors, LLC served on 5/26/2016, answer due 6/16/2016. (Westermeier, Emily) (Entered: 06/01/2016) | |||
| 2016-06-02 | 22 | 0 | EXPARTE/CONSENT MOTION for Extension of Time to Answer re 14 Amended Complaint, 1 Complaint, by Palmisano Contractors, LLC. (Attachments: # 1 Proposed Order, # 2 Local Rule 7.6E Certificate)Attorney Christopher K. LeMieux added to party Palmisano Contractors, LLC(pty:dft).(LeMieux, Christopher) Modified on 6/2/2016 (ijg). (Entered: 06/02/2016) | |||
| 2016-06-06 | 23 | 0 | ORDER granting 22 Motion for Extension of Time to Answer re 14 Amended Complaint as to Palmisano Contractors, LLC as set forth in document. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 06/07/2016) | |||
| 2016-06-22 | 24 | 0 | ORDER AND REASONS granting in part and denying in part 19 Motion to Dismiss for Failure to State a Claim, dismissing without prejudice claims against Defendant Santamaria for insufficient service. Signed by Judge Ivan L.R. Lemelle on 6/20/2016. (ijg) (Entered: 06/22/2016) | |||
| 2016-06-23 | 25 | 0 | EXPARTE/CONSENT Joint MOTION to Substitute Attorney. Attorney Daniel A. Ranson and Ryan C. Higgins to be substituted in place of Christopher K. LeMieux by Palmisano Contractors, LLC. (Attachments: # 1 Proposed Order)Attorney Ryan C. Higgins added to party Palmisano Contractors, LLC(pty:dft).(Higgins, Ryan) (Entered: 06/23/2016) | |||
| 2016-06-27 | 26 | 0 | ORDER granting 25 Motion to Substitute Attorney as set forth in document. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 06/28/2016) | |||
| 2016-07-07 | 27 | 0 | EXPARTE/CONSENT MOTION for Extension of Time to Answer re 14 Amended Complaint by Palmisano Contractors, LLC. (Attachments: # 1 Proposed Order)(Higgins, Ryan) (Entered: 07/07/2016) | |||
| 2016-07-08 | 28 | 0 | ORDER granting 27 Motion for Extension of Time to Answer re 14 Amended Complaint as to Palmisano Contractors, LLC as set forth in document. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 07/08/2016) | |||
| 2016-07-08 | 29 | 0 | EXPARTE/CONSENT First MOTION for Extension of Time to Answer re 1 Complaint, by Wiliomar Oliveira, Saints & Santos Construction, LLC. (Attachments: # 1 Proposed Order)(Gauff, Nghana) (Entered: 07/08/2016) | |||
| 2016-07-11 | 30 | 0 | ORDER denying 29 Motion for Extension of Time to Answer. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 07/11/2016) | |||
| 2016-07-11 | 31 | 0 | ANSWER to 1 Complaint, 14 Amended Complaint , ANSWER to 1 Complaint, 14 Amended Complaint by Wiliomar Oliveira, Saints & Santos Construction, LLC.(Gauff, Nghana) (Entered: 07/11/2016) | |||
| 2016-07-14 | 32 | 0 | MOTION for Summary Judgment by Palmisano Contractors, LLC. Motion(s) will be submitted on 8/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Statement of Contested/Uncontested Facts, # 5 Notice of Submission)(Higgins, Ryan) (Entered: 07/14/2016) | |||
| 2016-07-26 | 33 | 0 | ***DEFICIENT*** RESPONSE/MEMORANDUM in Opposition filed by Jose Castellanos re 32 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Rule 56(d) Declaration, # 2 Exhibit Email Correspondence)(Westermeier, Emily) Modified on 7/27/2016 (ijg). (Entered: 07/26/2016) | |||
| 2016-07-27 | 34 | 0 | EXPARTE/CONSENT MOTION for Leave to File Reply by Palmisano Contractors, LLC. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Higgins, Ryan) (Entered: 07/27/2016) | |||
| 2016-07-28 | 35 | 0 | EXPARTE/CONSENT MOTION for Leave to Supplement Reply Memorandum With Omitted Exhibit by Palmisano Contractors, LLC. (Attachments: # 1 Proposed Pleading Exhibit A)(Higgins, Ryan) (Additional attachment(s) added on 7/29/2016: # 2 Proposed Order) (ijg). (Entered: 07/28/2016) | |||
| 2016-07-28 | 36 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Jose Castellanos re 32 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Rule 56(d) Declaration, # 2 Exhibit Email Correspondence, # 3 Statement of Contested/Uncontested Facts)(Westermeier, Emily) (Entered: 07/28/2016) | |||
| 2016-07-29 | 37 | 0 | Correction of Docket Entry by Clerk re 35 MOTION for Leave to File ; Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion. (ijg) (Entered: 07/29/2016) | |||
| 2016-08-03 | 38 | 0 | ORDER granting 34 Motion for Leave to File Reply Memorandum; granting 35 Motion for Leave to File Exhibit. Signed by Judge Ivan L.R. Lemelle. (ijg) (Entered: 08/03/2016) | |||
| 2016-08-03 | 39 | 0 | REPLY to Response to Motion filed by Palmisano Contractors, LLC re 32 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A)(ijg) (Entered: 08/03/2016) | |||
| 2016-08-26 | 40 | 0 | NOTICE: Scheduling Conference set for 9/22/2016 11:15 AM before case manager by telephone. By Clerk.(ijg) (Entered: 08/26/2016) | |||
| 2016-09-02 | 41 | 0 | Statement of Corporate Disclosure by Palmisano Contractors, LLC (Higgins, Ryan) (Entered: 09/02/2016) | |||
| 2016-09-02 | 42 | 0 | MOTION for Leave to File Amended Complaint by Jose Castellanos. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion(s) will be submitted on 9/21/2016. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Notice of Submission, # 4 Summons)(Westermeier, Emily) (Entered: 09/02/2016) | |||
| 2016-09-08 | 43 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Palmisano Contractors, LLC re 42 MOTION for Leave to File Amended Complaint . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Higgins, Ryan) (Entered: 09/08/2016) | |||
| 2016-09-21 | 44 | 0 | ORDER granting 42 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/21/2016. (my) (Entered: 09/21/2016) | |||
| 2016-09-21 | 45 | 0 | SECOND AMENDED COMPLAINT with Jury Demand against Wiliomar Oliveira, Palmisano Contractors, LLC, Saints & Santos Construction, LLC, Rufino's Painting and Construction Inc filed by Jose Castellanos. (Attachments: # 1 Summons)(my) (Entered: 09/21/2016) | |||
| 2016-09-22 | 46 | 0 | Summons Issued as to Rufino's Painting and Construction Inc. (my) (Entered: 09/22/2016) | |||
| 2016-09-22 | 47 | 0 | SCHEDULING ORDER: Final Pretrial Conference set for 4/27/2017 02:30 PM before Judge Ivan L.R. Lemelle. Jury Trial set for 5/22/2017 08:30 AM before Judge Ivan L.R. Lemelle. All discovery must be completed by 3/28/2017. Signed by Judge Ivan L.R. Lemelle. (Attachments: # 1 Pretrial Notice Form)(ijg) (Entered: 09/22/2016) | |||
| 2016-09-26 | 48 | 0 | MOTION to Compel Responses to Written Discovery by Jose Castellanos. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion(s) will be submitted on 10/12/2016. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Notice of Submission)(Westermeier, Emily) (Entered: 09/26/2016) | |||
| 2016-09-28 | 49 | 0 | SUMMONS Returned Executed; Rufino's Painting and Construction Inc served on 9/24/2016, answer due 10/17/2016. (Westermeier, Emily) (Entered: 09/28/2016) | |||
| 2016-09-28 | 50 | 0 | NOTICE by Jose Castellanos of Opt-In Plaintiffs. (Attachments: # 1 Exhibit Notice of Consent for Hernandez, # 2 Exhibit Notice of Consent for Lopez)(Westermeier, Emily) (Entered: 09/28/2016) | |||
| 2016-10-02 | 51 | 0 | EXPARTE/CONSENT MOTION for Extension of Deadlines Submission on Motion to Compel by Wiliomar Oliveira, Saints & Santos Construction, LLC. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Proposed Order)(Gauff, Nghana) Modified referral/text on 10/3/2016 (mmv). (Entered: 10/02/2016) | |||
| 2016-10-04 | 52 | 0 | ORDER DISMISSED AS MOOT 48 Motion to Compel; 51 Motion for Extension of Deadlines. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 10/4/2016. (my) (Entered: 10/04/2016) | |||
| 2016-10-12 | 53 | 0 | EXPARTE/CONSENT First MOTION for Extension of Time to Answer by Rufino's Painting and Construction Inc. (Attachments: # 1 Proposed Order)Attorney David L. Colvin added to party Rufino's Painting and Construction Inc(pty:dft).(Colvin, David) (Entered: 10/12/2016) | |||
| 2016-10-12 | 54 | 0 | ORDER granting 53 Motion for Extension of Time to Answer as to Rufino's Painting and Construction Inc., answer due 10/31/2016. Signed by Judge Ivan L.R. Lemelle on 10/12/2016. (ajn) (Entered: 10/12/2016) | |||
| 2016-10-13 | 55 | 0 | EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum by Palmisano Contractors, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Higgins, Ryan) (Entered: 10/13/2016) | |||
| 2016-10-26 | 56 | 0 | ORDER GRANTING 55 Motion for Leave to File Supplemental Memorandum in Support of Motion for Summary Judgment as set forth in document. Signed by Judge Ivan L.R. Lemelle on 10/26/2016. (mmv) (Entered: 10/26/2016) | |||
| 2016-10-26 | 57 | 0 | Supplemental Memorandum filed by Palmisano Contractors, LLC, in Support of 32 MOTION for Summary Judgment . (mmv) (Entered: 10/26/2016) | |||
| 2016-10-26 | 58 | 0 | ORDER AND REASONS DENYING 32 Motion for Summary Judgment without prejudice to reurge as set forth in document. IT IS FURTHER ORDERED that Plaintiff will be allowed additional discovery, limited to determining whether there is a material factual dispute relative to Plaintiff's contention that Defendant movant is Plaintiff's employer or joint-employer.Signed by Judge Ivan L.R. Lemelle on 10/26/2016. (mmv) (Entered: 10/26/2016) | |||
| 2016-11-01 | 59 | 0 | NOTICE by Jose Castellanos of Opt-In Plaintiff Jose Cruz. (Attachments: # 1 Exhibit Notice of Consent)(Westermeier, Emily) (Entered: 11/01/2016) | |||
| 2016-11-01 | 60 | 0 | MOTION for Conditional Class Certification, Judicial Notice, and for Disclosure of the names and addresses of the potential opt-in plaintiffs by Jose Castellanos. Motion(s) will be submitted on 11/16/2016. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Jose Castellanos, # 3 Exhibit Declaration of Jose Cruz, # 4 Exhibit S&S Payroll Records, # 5 Exhibit Proposed Class Notice in English, # 6 Exhibit Proposed Class Notice in Spanish, # 7 Notice of Submission)(Westermeier, Emily) Modified text on 11/2/2016 (mmv). (Attachment 4 replaced per rec. doc. 63 on 11/3/2016) (mmv). (Entered: 11/01/2016) | |||
| 2016-11-03 | 61 | 0 | ANSWER to 45 Second Amended Complaint, 14 Amended Complaint by Palmisano Contractors, LLC.(Higgins, Ryan) Modified text on 11/3/2016 (mmv). (Entered: 11/03/2016) | |||
| 2016-11-03 | 62 | 0 | EXPARTE/CONSENT MOTION to Substitute Document exh 4 rec. doc. 60 by Jose Castellanos. (Attachments: # 1 Exhibit Revised Document, # 2 Proposed Order)(Westermeier, Emily) Modified text on 11/3/2016 (mmv). (Entered: 11/03/2016) | |||
| 2016-11-03 | 63 | 0 | ORDER GRANTING 62 Motion to Substitute Document. Signed by Judge Ivan L.R. Lemelle on 11/3/2016. (mmv) (Entered: 11/03/2016) | |||
| 2016-11-07 | 64 | 0 | ANSWER to 45 Amended Complaint by Rufino's Painting and Construction Inc.(Colvin, David) (Entered: 11/07/2016) | |||
| 2016-11-07 | 65 | 0 | **DEFICIENT** EXPARTE/CONSENT First MOTION for Extension of Deadlines extension of submission deadline by Wiliomar Oliveira, Saints & Santos Construction, LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Gauff, Nghana) Modified on 11/7/2016 (mmv). (Entered: 11/07/2016) | |||
| 2016-11-07 | 66 | 0 | MOTION to Continue/Reset Submission Deadline by Wiliomar Oliveira, Saints & Santos Construction, LLC. Motion(s) will be submitted on 12/7/2016. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Order, # 4 Notice of Submission)(Gauff, Nghana) Modified text on 11/7/2016 (mmv). (Entered: 11/07/2016) | |||
| 2016-11-07 | 67 | 0 | **DEFICIENT** MOTION to Continue by Palmisano Contractors, LLC, Rufino's Painting and Construction Inc. Motion(s) will be submitted on 11/16/2016. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Higgins, Ryan) Modified on 11/7/2016 (mmv). (Entered: 11/07/2016) | |||
| 2016-11-07 | 68 | 0 | Joint MOTION to Continue Submission Date on Pl's Motion for Conditional Class Certification by Palmisano Contractors, LLC, Rufino's Painting and Construction Inc. Motion(s) will be submitted on 12/7/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Higgins, Ryan) Modified text on 11/8/2016 (mmv). (Entered: 11/07/2016) | |||
| 2016-11-07 | 69 | 0 | EXPARTE/CONSENT MOTION to Expedite re rec. doc. 68 by Palmisano Contractors, LLC, Rufino's Painting and Construction Inc. (Attachments: # 1 Proposed Order)(Higgins, Ryan) Modified text on 11/8/2016 (mmv). (Entered: 11/07/2016) | |||
| 2016-11-07 | 70 | 0 | EXPARTE/CONSENT MOTION to Expedite hearing on Rec Doc 66 by Wiliomar Oliveira, Saints & Santos Construction, LLC. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Gauff, Nghana) Modified text on 11/8/2016 (mmv). (Entered: 11/07/2016) | |||
| 2016-11-08 | 71 | 0 | Correction of Docket Entry by Clerk re 69 MOTION to Expedite . **The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document.** (mmv) (Entered: 11/08/2016) | |||
| 2016-11-08 | 72 | 0 | EXPARTE/CONSENT MOTION to Continue Submission Date on Pl's Motion to Proceed as a Collective Action by Palmisano Contractors, LLC. (Attachments: # 1 Proposed Order)(Higgins, Ryan) Modified text on 11/8/2016 (mmv). (Entered: 11/08/2016) | |||
| 2016-11-08 | 73 | 0 | ORDER: IT IS ORDERED that all five pending motions Rec. Docs. 66 , 68 , 69 , 70 , 72 filed by various defendants relative to a continuance of the submission date of plaintiff's motion to proceed as a collective action are DISMISSED. Due, however, to other court matters on November 16, 2016, the pending 60 motion to proceed as a collective action is hereby reset for submission on December 14, 2016. Signed by Judge Ivan L.R. Lemelle on 11/8/2016.(mmv) (Entered: 11/08/2016) | |||
| 2016-12-05 | 74 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Rufino's Painting and Construction Inc re 60 MOTION to Certify Class . (Attachments: # 1 Exhibit Declaration)(Colvin, David) (Entered: 12/05/2016) | |||
| 2016-12-05 | 75 | 0 | Request/Statement of Oral Argument by Rufino's Painting and Construction Inc regarding 60 MOTION to Certify Class . (Colvin, David) (Entered: 12/05/2016) | |||
| 2016-12-05 | 76 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Palmisano Contractors, LLC re 60 MOTION to Certify Class . (Attachments: # 1 Exhibit)(Higgins, Ryan) (Entered: 12/05/2016) | |||
| 2016-12-05 | 77 | 0 | Request/Statement of Oral Argument by Palmisano Contractors, LLC regarding 60 MOTION to Certify Class . (Higgins, Ryan) (Entered: 12/05/2016) | |||
| 2016-12-06 | 78 | 0 | ORDER DENYING 75 Request/Statement of Oral Argument filed by Rufino's Painting and Construction Inc. Signed by Judge Ivan L.R. Lemelle on 12/5/2016.(cg) (Entered: 12/06/2016) | |||
| 2016-12-06 | 79 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Wiliomar Oliveira, Saints & Santos Construction, LLC re 60 MOTION to Certify Class . (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Notice of Submission, # 8 Proposed Order)(Gauff, Nghana) (Entered: 12/06/2016) | |||
| 2016-12-13 | 80 | 0 | NOTICE of Class Member Consent Forms Returned by All Plaintiffs of Opt-In Plaintiffs. (Attachments: # 1 Exhibit Notices of Consent)(Westermeier, Emily) Modified text on 12/13/2016 (mmv). (Entered: 12/13/2016) | |||
| 2016-12-13 | 81 | 0 | ORDER Denying 77 Request/Statement of Oral Argument filed by Palmisano Contractors, LLC, re 60 MOTION to Certify Class filed by Jose Castellanos. Signed by Judge Ivan L.R. Lemelle.(ijg) (Entered: 12/13/2016) | |||
| 2016-12-13 | 82 | 0 | EXPARTE/CONSENT MOTION for Leave to File Reply by Jose Castellanos. (Attachments: # 1 Proposed Pleading, # 2 Exhibit 1, # 3 Proposed Order)(Westermeier, Emily) (Entered: 12/13/2016) | |||
| 2017-01-10 | 83 | 0 | ORDER GRANTING 82 Motion for Leave to File Reply. Signed by Judge Ivan L.R. Lemelle on 1/10/2017. (mmv) (Entered: 01/10/2017) | |||
| 2017-01-10 | 84 | 0 | Reply Memorandum filed by All Plaintiffs, in Support of 60 MOTION to Certify Class . (Attachments: # 1 Exhibit)(mmv) (Entered: 01/10/2017) | |||
| 2017-01-27 | 85 | 0 | MOTION for Summary Judgment by Palmisano Contractors, LLC. Motion(s) will be submitted on 2/15/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Statement of Contested/Uncontested Facts, # 4 Notice of Submission)(Higgins, Ryan) (Entered: 01/27/2017) | |||
| 2017-02-02 | 86 | 0 | MOTION to Quash Subpoenas Duces Tecum by Wiliomar Oliveira, Saints & Santos Construction, LLC. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion(s) will be submitted on 3/1/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Capital One, # 3 Exhibit Chase, # 4 Notice of Submission, # 5 Proposed Order)(Gauff, Nghana) Modified text/added referral on 2/2/2017 (mmv). (Entered: 02/02/2017) | |||
| 2017-02-02 | 87 | 0 | Correction of Docket Entry by Clerk re 86 MOTION to Quash Subpoenas Duces Tecum. **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action.** (mmv) (Entered: 02/02/2017) | |||
| 2017-02-14 | 88 | 0 | EXPARTE/CONSENT MOTION to Dismiss Party Defendant Palmisano Contractors, LLC With Prejudice only by Jose Castellanos. (Attachments: # 1 Proposed Order)(Westermeier, Emily) Modified text/event on 2/15/2017 (mmv). (Entered: 02/14/2017) | |||
| 2017-02-15 | 89 | 0 | Correction of Docket Entry by Clerk re 88 MOTION to Dismiss Defendant Palmisano Contractors, LLC With Prejudice. **Filing attorney selected incorrect event. Correct event is MOTION to Dismiss Party. Clerk took corrective action by changing the event.** (mmv) (Entered: 02/15/2017) | |||
| 2017-02-15 | 90 | 0 | ORDER: IT IS ORDERED that the 88 motion is GRANTED and that the Plaintiff's claims against Defendant Palmisano Contractors, LLC are voluntarily dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the 85 Motion for Summary Judgment is DISMISSED AS MOOT. Signed by Judge Ivan L.R. Lemelle on 2/15/2017.(mmv) (Entered: 02/15/2017) | |||
| 2017-02-22 | 91 | 0 | ORDER DISMISSING AS MOOT 86 Motion to Quash. Nghana Gauff, counsel for movants, and Emily Westermeier, counsel for plaintiffs, have advised the court that the subject subpoenas have been withdrawn and that the referenced motion, previously noticed for submission before me on March 1, 2017, is therefore moot. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/22/2017. (my) (Entered: 02/22/2017) | |||
| 2017-02-23 | 92 | 0 | EXPARTE/CONSENT MOTION to Dismiss Party Palmisano Contractors, LLC with Prejudice by Opt-In Plaintiffs, Osman Arauz, Jose Cruz, Gustavo Dubon, Osman Espana, Milton Espinosa, Jose Pablo Hernandez, Hugo Lopez, Mario Velasquez Lopez. (Attachments: # 1 Proposed Order)(Westermeier, Emily) Modified text on 2/23/2017 (mmv). (Entered: 02/23/2017) | |||
| 2017-02-24 | 93 | 0 | ORDER GRANTING 92 Motion to Voluntarily Dismiss the Claims of All Opt-in Plaintiffs Against Defendant Palmisano Contractors, LLC With Prejudice. Signed by Judge Ivan L.R. Lemelle on 2/24/2017. (mmv) (Entered: 02/24/2017) | |||
| 2017-02-24 | 94 | 0 | MOTION to Continue Trial and Discovery Deadlines by Jose Castellanos. Motion(s) will be submitted on 3/15/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Westermeier, Emily) (Entered: 02/24/2017) | |||
| 2017-02-27 | 95 | 0 | First Witness and Exhibit List by Wiliomar Oliveira, Saints & Santos Construction, LLC. (Gauff, Nghana) (Entered: 02/27/2017) | |||
| 2017-02-27 | 96 | 0 | Witness and Exhibit List by All Plaintiffs. (Westermeier, Emily) (Entered: 02/27/2017) | |||
| 2017-03-01 | 97 | 0 | Witness and Exhibit List by Rufino's Painting and Construction Inc. (Colvin, David) (Entered: 03/01/2017) | |||
| 2017-03-07 | 98 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Wiliomar Oliveira, Saints & Santos Construction, LLC re 94 MOTION to Continue Trial and Discovery Deadlines . (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Notice of Submission, # 5 Proposed Order)(Gauff, Nghana) (Entered: 03/07/2017) | |||
| 2017-03-13 | 99 | 0 | ORDER: IT IS ORDERED that the foregoing Plaintiff's 60 Motion for Conditional Class Certification, Judicial Notice, and for Disclosure of Names and Addresses of the Potential Opt-In Plaintiffs is set for oral argument on Wednesday, April 12, 2017 at 10:00 a.m.Signed by Judge Ivan L.R. Lemelle on 3/13/2017.(mmv) (Entered: 03/13/2017) | |||
| 2017-03-13 | 100 | 0 | MOTION for Summary Judgment by Rufino's Painting and Construction Inc. Motion(s) will be submitted on 3/29/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Statement of Contested/Uncontested Facts Statement of Uncontested Facts, # 4 Proposed Order, # 5 Notice of Submission)(Colvin, David) (Entered: 03/13/2017) | |||
| 2017-03-14 | 101 | 0 | Correction of Docket Entry by Clerk re 100 MOTION for Summary Judgment . **1) The Motion's signature line is either incomplete or blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorneyname)'. No further action is necessary. **2) When submitted a 'Proposed Order,' the title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document.** (mmv) (Entered: 03/14/2017) | |||
| 2017-03-14 | 102 | 0 | EXPARTE/CONSENT MOTION for Leave to File Reply re rec. doc. 94 by Jose Castellanos. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Westermeier, Emily) Modified text on 3/15/2017 (mmv). (Entered: 03/14/2017) | |||
| 2017-03-16 | 103 | 0 | ORDER GRANTING 102 Motion for Leave to File a Reply. Signed by Judge Ivan L.R. Lemelle on 3/15/2017. (mmv) (Entered: 03/16/2017) | |||
| 2017-03-16 | 104 | 0 | Reply Memorandum filed by Jose Castellanos, in Support of 94 MOTION to Continue Trial and Discovery Deadlines. (mmv) (Entered: 03/16/2017) | |||
| 2017-03-20 | 105 | 0 | ORDER: IT IS ORDERED that the 94 motion is DENIED as premature. Partiesshould reurge the motion to continue after this Court's April 12, 2017 hearing on the Motion for Class Certification. Signed by Judge Ivan L.R. Lemelle on 3/20/2017. (mmv) (Entered: 03/20/2017) | |||
| 2017-03-20 | 106 | 0 | MOTION for Summary Judgment by Wiliomar Oliveira, Saints & Santos Construction, LLC. Motion(s) will be submitted on 4/5/2017. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Statement of Contested/Uncontested Facts, # 4 Memorandum in Support, # 5 Affidavit W Oliveiro, # 6 Affidavit E Escobar, # 7 Exhibit 1 1 of 3, # 8 Exhibit 1 2 of 3, # 9 Exhibit 1 3 of 3, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5)(Gauff, Nghana) Modified text on 3/21/2017 (mmv). (Entered: 03/20/2017) | |||
| 2017-03-21 | 107 | 0 | EXPARTE/CONSENT MOTION to Continue Submission date on Rufino's Painting & Construction's Motion for Summary Judgment by Jose Castellanos. (Attachments: # 1 Proposed Order)(Westermeier, Emily) Modified text on 3/22/2017 (mmv). (Entered: 03/21/2017) | |||
| 2017-03-21 | 108 | 0 | **DEFICIENT** MOTION to Compel Deposition Dates by Jose Castellanos. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion(s) will be submitted on 4/5/2017. (Attachments: # 1 Memorandum in Support, # 2 Saints & Santos 30(b)(6) Deposition Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Notice of Submission)(Westermeier, Emily) Modified on 3/22/2017 (mmv). (Entered: 03/21/2017) | |||
| 2017-03-21 | 109 | 0 | MOTION to Compel Answers to Interrogatories, Production of Documents or Permit Inspection and Copying of Documents by Wiliomar Oliveira, Saints & Santos Construction, LLC. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion(s) will be submitted on 4/5/2017. (Attachments: # 1 Notice of Submission, # 2 Proposed Order, # 3 Memorandum in Support, # 4 Exhibit 1, # 5 Exhibit 2)(Gauff, Nghana) Modified text/added referral on 3/22/2017 (mmv). (Entered: 03/21/2017) | |||
| 2017-03-22 | 110 | 0 | Correction of Docket Entry by Clerk re 109 MOTION to Compel Answers to Interrogatories, Production of Documents or Permit Inspection and Copying of Documents. **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action.** (mmv) (Entered: 03/22/2017) | |||
| 2017-03-22 | 111 | 0 | MOTION to Compel Deposition of Defendant, Saints & Santos Construction, LLC by Jose Castellanos. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion(s) will be submitted on 4/5/2017. (Attachments: # 1 Memorandum in Support, # 2 Saints & Santos 30(b)(6) Deposition Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Notice of Submission)(Westermeier, Emily) Modified text on 3/22/2017 (mmv). (Entered: 03/22/2017) | |||
| 2017-03-23 | 112 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Wiliomar Oliveira, Saints & Santos Construction, LLC re 107 MOTION to Continue Rufino's Painting & Construction's Motion for Summary Judgment . (Attachments: # 1 Proposed Order)(Gauff, Nghana) (Entered: 03/23/2017) | |||
| 2017-03-27 | 113 | 0 | NOTICE of Class Member Consent Form Returned by Plaintiffs of Opt-in Plaintiff Kelvin Velasquez. (Attachments: # 1 Notice of Consent)(Westermeier, Emily) Modified text on 3/28/2017 (mmv). (Entered: 03/27/2017) | |||
| 2017-03-28 | 114 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Jose Castellanos re 109 MOTION to Compel Answers to Interrogatories, Production of Documents or Permit Inspection and Copying of Documents . (Westermeier, Emily) (Entered: 03/28/2017) | |||
| 2017-03-28 | 115 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Jose Castellanos re 106 MOTION for Summary Judgment . (Attachments: # 1 Subcontract Agreement, # 2 Castellanos Declaration, # 3 Saints & Santos' Resp. Pl.'s Written Disc., # 4 Statement of Contested/Uncontested Facts)(Westermeier, Emily) (Entered: 03/28/2017) | |||
| 2017-03-28 | 116 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Wiliomar Oliveira, Saints & Santos Construction, LLC re 111 MOTION to Compel Deposition Dates . (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Gauff, Nghana) (Entered: 03/28/2017) | |||
| 2017-04-03 | 117 | 0 | Responses to Defendant's Saints & Santos Construction LLC's and Wilimar Oliveira's First Written Discovery by Jose Castellanos (my) (Entered: 04/03/2017) | |||
| 2017-04-05 | 118 | 0 | EXPARTE/CONSENT MOTION for Leave to File Sur-Reply by Wiliomar Oliveira, Saints & Santos Construction, LLC. (Attachments: # 1 Proposed Pleading, # 2 Exhibit, # 3 Proposed Order)(Gauff, Nghana) Modified text on 4/6/2017 (mmv). (Entered: 04/05/2017) | |||
| 2017-04-05 | 119 | 0 | ORDER GRANTING IN PART AND DENYING IN PART 109 Motion to Compel Answers, Etc; GRANTING 111 Motion to Compel the Deposition of Defendant Saints & Santos Construction, LLC as set forth in document. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 4/5/2017. (my) (Entered: 04/05/2017) | |||
| 2017-04-06 | 120 | 0 | ORDER DENYING 118 Motion for Leave to File Sur-Reply. Signed by Judge Ivan L.R. Lemelle on 4/6/2017. (mmv) (Entered: 04/06/2017) | |||
| 2017-04-06 | 121 | 0 | Letter to Hon. Joseph C. Wilkinson, Jr. from Emily A. Westermeier dated 4/6/2017 re 119 Order (my) (Entered: 04/06/2017) | |||
| 2017-04-10 | 122 | 0 | ORDER: IT IS ORDERED that the oral argument set for April 12, 2017 is CONTINUED to May 1, 2017 at 9:00 a.m. IT IS FURTHER ORDERED that the pre-trial conference set for April 27, 2017 is CONTINUED to May 11, 2017 at 9:00 a.m.Signed by Judge Ivan L.R. Lemelle on 4/10/2017.(mmv) (Entered: 04/10/2017) | |||
| 2017-04-11 | 123 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Jose Castellanos re 100 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Administrator's Interpretation, # 6 Rufino's Resp. to Discovery, # 7 Deposition of Rufino's)(Westermeier, Emily) (Entered: 04/11/2017) | |||
| 2017-04-13 | 124 | 0 | ORDER: IT IS ORDERED that the 107 motion is GRANTED and that the submission date is continued and reset to April 19, 2017. Signed by Judge Ivan L.R. Lemelle on 4/13/2017.(mmv) (Entered: 04/13/2017) | |||
| 2017-04-23 | 125 | 0 | EXPARTE/CONSENT MOTION to reset start time of May 1st Oral Arguments re rec. doc. 122 by Wiliomar Oliveira, Saints & Santos Construction, LLC. (Attachments: # 1 Proposed Order)(Gauff, Nghana) Modified text on 4/24/2017 (mmv). (Entered: 04/23/2017) | |||
| 2017-04-27 | 126 | 0 | ORDER Granting 125 EXPARTE/CONSENT MOTION to reset start time of May 1st Oral Arguments re rec. doc. 122 filed by Saints & Santos Construction, LLC, Wiliomar Oliveira., as to 60 MOTION to Certify Class . Motion Hearing with Oral Argument is Continued until 11:00 a.m. on 5/1/2017 before Judge Ivan L.R. Lemelle. Signed by Judge Ivan L.R. Lemelle.(ijg) (Entered: 04/27/2017) | |||
| 2017-05-01 | 127 | 0 | Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Motion Hearing held on 5/1/2017 re 60 MOTION to Certify Class filed by Jose Castellanos. (Court Reporter Lanie Smith.) (ijg) (Entered: 05/01/2017) | |||
| 2017-05-04 | 128 | 0 | ORDER AND REASONS: IT IS ORDERED that Rufino's 100 Motion for Summary Judgment is GRANTED and the remaining Defendants' 106 Motion for Summary Judgment is DENIED as set forth in document. Signed by Judge Ivan L.R. Lemelle on 5/4/2017. (mmv) (Entered: 05/04/2017) | 2017-05-09 09:37:48 | b741f981cb9535252222d05f154d5298012bd2ed | |
| 2017-05-08 | 129 | 0 | ORDER AND REASONS granting 60 Motion to Certify Class as set forth in document. Signed by Judge Ivan L.R. Lemelle on 5/4/2017. (cms) (Entered: 05/08/2017) | 2017-05-09 11:40:43 | 31c7262197a50eef02bc5339ae5899b5dd1ad371 | |
| 2017-05-08 | 130 | 0 | EXPARTE/CONSENT MOTION to Continue Trial and Discovery Deadlines by Jose Castellanos. (Attachments: # 1 Proposed Order)(Westermeier, Emily) (Entered: 05/08/2017) |