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15-3641 - Murillo et al v. Coryell County Tradesmen LLC et al


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15-3641 - Murillo et al v. Coryell County Tradesmen LLC et al
September 20, 2016
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on the 225 Baronne Street construction project in New Orleans, Louisiana during the previous two years and who are eligible for overtime pay pursuant to the FLSA, 29 U.S.C. 207 or minimum wages pursuant to the FLSA, 29 U.S.C. 206 and who did not recORDER GRANTING IN PART and DENYING IN PART 62 Motion to Certify Class Certification. IT IS FURTHER ORDERED that Notice shall be sent to: "All individuals who provided labor to Coryell County Tradesmen or CC Labor or Ronald Franks Constructioneive full overtime or minimum wagecompensation." IT IS FURTHER ORDERED that the parties meet and confer regarding the form and content of the proposed notice, in keeping with the Court's ruling herein. The parties are ordered to submit a joint proposed notice within 10 days of the date of this Order. If the parties are unable to agree on a proposed notice, the parties shall each submit (1) their proposed notice and (2) their objections, with supporting authority, to the opposing party's notice and/or consent form, within 10 days of this Order, and request an expedited status conference on the matter. IT IS FURTHER ORDERED that to the extent that any employment records of potential class members have not been produced, Defendants must produce this information to Plaintiffs. IT IS FURTHER ORDERED that the opt-in period for putative class members shall be 90 days from the date that a final notice is approved by this Court. Signed by Judge Nannette Jolivette Brown on 9/20/2016. (mmv)
December 2, 2016
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ORDER GRANTING 183 Motion for Partial Summary Judgment. Signed by Judge Nannette Jolivette Brown on 12/2/2016. (mmv)
December 27, 2016
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ORDER denying 52 Motion to Strike. Signed by Judge Nannette Jolivette Brown on 12/27/2016. (mmm)
January 19, 2017
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ORDER: IT IS HEREBY ORDERED that Defendant Ronald Franks Construction Company, LLC's 221 Motion for Summary Judgment is DENIED without prejudice pursuant to Rule 56(d) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that Plaintiffs' 222 Motion to Extend Submission Date is DENIED AS MOOT. IT IS FURTHER ORDERED that Plaintiffs' 223 Motion for Expedited Consideration of Motion to Continue is DENIED AS MOOT. Signed by Judge Nannette Jolivette Brown on 1/19/2017. (mmv)
March 27, 2017
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ORDER: IT IS HEREBY ORDERED that Defendant Ronald Franks Construction Company, LLC's 69 Motion to Dismiss Plaintiffs' Second Amended Collective Action Complaint is DENIED IN PART and DENIED AS MOOT IN PART. IT IS FURTHER ORDERED that Ronald Franks' motion is denied as to Plaintiffs' FLSA claims and collective FLSA claims against Ronald Franks. IT IS FURTHER ORDERED that Ronald Franks' motion is denied as moot as to Plaintiffs' PWA claims. Signed by Judge Nannette Jolivette Brown on 3/27/2017. (mmv)
March 28, 2017
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ORDER: IT IS HEREBY ORDERED that Ronald Franks' 130 Motion to Dismiss Crossclaim of Roy Anderson Corp. or, Alternatively, to Stay Proceedings Pending the Outcome of Arbitration is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that the motion is granted in part to the extent it request a stay of the litigation of Roy Anderson's crossclaim against Ronald Franks pending the outcome of arbitration. IT IS FURTHER ORDERED that the motion is denied in part to the extent that it requests that the crossclaim be dismissed in favor of arbitration. Signed by Judge Nannette Jolivette Brown on 3/28/2017. (mmv)
June 2, 2017
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ORDER: IT IS HEREBY ORDERED that Defendants Roy Anderson and Travelers' 184 Motion to Dismiss for Failure to Prosecute and Defendant Ronald Franks' 186 Motion to Dismiss, with Prejudice, for Failure to Prosecute are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that the motions are granted in part to the extent that the Court will dismiss without prejudice the claims of the following Plaintiffs: Esther Aguilar; Claudia Armijo; Alexa Hernandez; Denis Monterrey; Luis Juarez Murillo; Jose Pineda; Yolani Raudales; Digna Torres; Alan Vazquez; Redin Cantillano; Humberto Castro; Floriberto Coctecon; Raul Estrada; Luis Juarez; Bilander Lopez; Juan Lopez; Ruben Varela; Oscar Bello; and Bernardino Castro. IT IS FURTHER ORDERED that the motions are denied in part to the extent that Defendants seek dismissal with prejudice of the 19 Plaintiffs listed in Defendants' motions. IT IS FURTHER ORDERED that Defendants Roy Anderson and Travelers' 184 Motion to Dismiss for Failure to Prosecute is denied in part to the extent that Roy Anderson and Travelers request an award of attorneys' fees against the 19 non-responsive Plaintiffs, as such an award would be unjust. Signed by Judge Nannette Jolivette Brown on 6/2/2017. (mmv)
June 23, 2017
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ORDER: IT IS HEREBY ORDERED that Plaintiffs' 239 Motion to Dismiss Roy Anderson Corp's and Travelers Casualty and Surety Company of America's Counterclaim is DENIED. Signed by Judge Nannette Jolivette Brown on 6/23/2017. (mmv)
June 23, 2017
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ORDER: IT IS HEREBY ORDERED that Defendant Travelers Casualty and Surety Company of America's 253 Motion to Dismiss for Lack of Subject Matter Jurisdiction is DENIED. Signed by Judge Nannette Jolivette Brown on 6/23/2017. (mmv)
June 26, 2017
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ORDER: IT IS HEREBY ORDERED that Plaintiffs' 262 Motion to Bifurcate Trial and Proposed Trial Plan is GRANTED. IT IS FURTHER ORDERED that the jury trial in this matter will be bifurcated into two phases. The first phase will determine the liability portion of Plaintiffs' collective action FLSA claims. If the jury returns a verdict that any or all Defendants are liable for alleged violations of FLSA, then the second phase of the trial will be immediately tried before the same jury to consider what damages, if any, Plaintiffs are entitled to under FLSA as to those Defendants. Additionally, regardless of the jury's verdict on the liability portion of Plaintiffs' FLSA claims, the second phase of trial will immediately proceed before the same jury to also determine: (1) whether Plaintiffs are entitled to recover under their state law lien claims against Roy Anderson and Travelers; and (2) whether Roy Anderson and Travelers are entitled to recover under their state law counterclaims regarding Plaintiffs' liens. IT IS FURTHER ORDERED that all parties must file amended witness lists and an updated joint proposed Pre-Trial Order identifying which witnesses each party intends to call in each phase of the jury trial in this matter by June 27, 2017, at 12:00 p.m. Signed by Judge Nannette Jolivette Brown on 6/26/2017. (mmv)
June 27, 2017
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ORDER denying 259 Motion for Summary Judgment. Signed by Judge Nannette Jolivette Brown. (jrc)
June 29, 2017
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ORDER denying 285 Motion for Summary Judgment by Roy Anderson Corporation. Signed by Judge Nannette Jolivette Brown. (jrc)
July 5, 2017
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ORDER: IT IS HEREBY ORDERED that Defendant Roy Anderson Corporation's 280 Motion for Summary Judgment Regarding Roy Anderson Corp.'s Lack of Knowledge is DENIED. Signed by Judge Nannette Jolivette Brown on 7/5/2017. (mmv)
July 6, 2017
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t will not reconsider the dismissal of (1) Ruben Varela; (2) Raul Estrada; or (3) Luis Juarez because their responses were not provided in opposition to the appropriate motions and Plaintiffs provided no reason for reconsideration. Signed by Judge Nannette Jolivette Brown on 7/6/2017. (mmv)ORDER: IT IS HEREBY ORDERED that Defendant Ronald Franks Construction Company, LLC's 277 Motion to Dismiss for Failure to Prosecute is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that the motion is granted in part to the extent that the Court will dismiss without prejudice the claims of the following ten opt-in Plaintiffs: (1) Ernest Weatherspoon; (2) Vidal Torres: (3) Jonis Iban Cortez Rivera; (4) Yadir Oviedo; (5) Margarito Orellana; (6) Wilkin Matute; (7) Angela McFloyd; (8) Juan Molina; (9) Elvin A. Molina; and (10) Andres Rojas Bernal. IT IS FURTHER ORDERED that the motion is denied in part to the extent that Ronald Franks seeks dismissal with prejudice of those ten opt-in Plaintiffs. IT IS FURTHER ORDERED that the motion is denied in part to the extent that it requests dismissal of the claims of the following twelve opt-in Plaintiffs who provided written responses to Defendants' joint interrogatories: (1) Rene Solomon; (2) Ramon Puerto; (3) Bayron Ortiz;(4) Wendy Nieto; (5) Maurice McCormick; (6) Kenia Martinez; (7) Ricardo Nuan Hernandez Galindo; (8) Irbin Centeno Figueroa; (9) Quirino Hernandez; (10) Wilson Flores; (11) Francisco Cortez; and (12) Clement Tyrell. IT IS FURTHER ORDERED that the Cour