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14-240 - Boston et al v. United Florala, Inc.


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14-240 - Boston et al v. United Florala, Inc.
June 20, 2014
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MEMORANDUM OPINION AND ORDER: It is hereby ORDERED as follows: 1. The 7 Motion to Dismiss for lack of jurisdiction is GRANTED to the extent that Dr. Robert Devrnja and Don Muhlenthaler are DISMISSED from this case without prejudice. 2. The 14 Motion to Amend is DENIED to the extent that the amendment seeks to name Dr. Robert Devrnja as a Defendant, the amendment being futile as to him, for reasons discussed in this opinion. 3. The 14 Motion to Amend is GRANTED to the extent that the Plaintiff is given until 6/30/2014 to file an Amended Complaint which is complete unto itself and which asserts the claims as stated in the proposed First Amended Complaint attached to the Motion to Amend, but modified to delete Dr. Robert Devrnja as a Defendant and any claim against him. 4. The 7 Motion to Dismiss is DENIED as moot as to Hospital Holdings, Inc. 5. The parties are given until 8/18/2014 to conduct limited jurisdictional discovery on the issue of personal jurisdiction over Hospital Holdings, Inc. 6. The deadline for Hospital Holdings, Inc. to file an Answer to the Amended Complaint or a Rule 12 Motion to Dismiss for lack of personal jurisdiction is extended until 8/18/2014. Signed by Honorable Judge W. Harold Albritton, III on 6/20/2014. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
September 11, 2014
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ORDER directing that, upon consideration of Hospital Holdings, Inc.'s Reply to the Plaintiffs' Response to the Motion to Dismiss (Doc. #44), it is hereby ORDERED that the Plaintiffs have until September 17, 2014 to respond to Hospital Holdings, Inc.'s contention that it is entitled to fees and costs. Signed by Honorable Judge W. Harold Albritton, III on 9/11/14. (scn, )
September 18, 2014
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ORDER directing that the Motion to Dismiss (Doc. #38) is GRANTED and Hospital Holdings, Inc. is DISMISSED without prejudice for lack of subject matter jurisdiction; the Plaintiffs and Hospital Holdings, Inc. are to bear their own costs. Signed by Honorable Judge W. Harold Albritton, III on 9/18/14. (Attachments: # (1) Civil Appeals Checklist) (scn, )
December 1, 2014
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ORDER directing as follows: (1) The Motion for Leave to file Second Amended Complaint (Doc. #57) is GRANTED and the Plaintiffs are permitted to file the Second Amended Complaint attached to their Motion (Doc. #57-1); (2) The Motion to Dismiss (Doc. #52) is DENIED as moot. Signed by Honorable Judge W. Harold Albritton, III on 12/01/14. (scn, )
March 9, 2015
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MEMORANDUM OPINION AND ORDER directing as follows: (1) The Plaintiffs' Motion for Conditional Certification and to Facilitate Notice Pursuant to ยง216 of the Fair Labor Standards Act (Doc. #68) is GRANTED with respect to a collective action as described in this Memorandum Opinion; (2) The parties are Directed to file with the court an agreed upon Notice and Consent to Join, which includes an agreed-upon definition of the members of the collective action, on or before March 23, 2015. Signed by Honorable Judge W. Harold Albritton, III on 03/09/2015. (scn, )
September 6, 2016
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ORDER: Upon consideration of the Plaintiff's 94 Response to Show Cause Order, it is hereby ORDERED that the stay of this case is lifted and the case is DISMISSED without prejudice, costs are taxed as paid. Signed by Honorable Judge W. Harold Albritton, III on 9/6/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )