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18-200 - Wesley v. Accessible Home Care, et al


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18-200 - Wesley v. Accessible Home Care, et al
April 26, 2018
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MEMORANDUM OPINION & ORDER: It is ORDERED as follows: 1. The Magistrate Judge's Order denying certification 5 is ADOPTED, in part, and REJCECTED, in part; 2. Plaintiff's 6 MOTION under Rule 72(b)(2) of FRCP is GRANTED, in part, and DENIED, in part; 3. Pltf's claims against Dfts Michelle Walters, Sheila Hughes Rouse, Mark Williams, and Commonwealth of Kentucky Unemployment Office are DISMISSED with prejudice. Pltf's claims against Accessible Home Care, Bill Hughes, and Kay Hughes are DISMISSED with prejudice, with the exception of the Fair Labor Standards Act claim against these three defendants; 4. Pltf has 21 days to file a Complaint relating only to FLSA claims against Dfts Accessible Home Care, Bill Hughes, and Kay Hughes. Upon filing, Pltf is directed to tender $400 filing fee to Clerk of Court or file a properly supported motion to proceed in forma pauperis; 5. Pltf is required to keep Clerk of Court informed of her current mailing address. Failure to notify Clerk of any change of address may result in dismissal of this case. Signed by Judge Danny C. Reeves on 4/26/2018.(KM)cc: Pltf via U.S. Mail
June 5, 2018
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MEMORANDUM OPINION & ORDER: (1) GRANTING dft's 13 MOTION to Strike plaintiff Wesley's non-FLSA claims, pursuant to Court's Certification Order; (2) Wesley's claims against dfts Bill Hughes & Kaye Hughes are DISMISSED & these dfts are terminated as parties in this action; (3) dft Accessible Health Care must RESPOND to Wesley's FLSA claims as described in this Memorandum Opinion & Order. Signed by Judge Danny C. Reeves on 6/5/18.(KJR)cc: COR, Wesley (US Mail)
June 29, 2018
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MEMORANDUM OPINION & ORDER: 1) This matter is CONSOLIDATED w 5:18-cv-200. This Order shall be docketed in 5:18-cv-377 and 5:18-cv-200. All further filings related to these actions shall be docketed in 5:18-cv-200 only. 2) MOTION to Dismiss is GRANTED. All claims asserted herein are DISMISSED w prejudice with the exception of Wesley's FLSA claims against Defendant Accessible Home Care, which are DISMISSED, without prejudice. Signed by Judge Danny C. Reeves on 6/29/2018.(SCD)cc: COR,Pro Se Pla via US Mail