Holmes et al v. Stetson Courier Inc
| Arkansas Eastern District Court | |
| Judge: | D P Marshall Jr |
| Case #: | 4:20-cv-00191 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | Feb 25, 2020 |
| Terminated: | Sep 29, 2023 |
| Last checked: Sunday Aug 23, 2020 4:21 AM CDT |
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Defendant
John Stetson
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Represented By
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Defendant
Stetson Courier Inc
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Represented By
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Plaintiff
Tina Alexander
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Represented By
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Plaintiff
Melissa Garner
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Represented By
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Plaintiff
Roy Holmes
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Represented By
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Plaintiff
Patrick Norris
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Represented By
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GPO
May 11 2021
ORDER granting as modified 21 Motion to Certify Collective Action. The Court conditionally certifies this collective: All Arkansas-based couriers who worked for Stetson Courier, Inc., and John Stetson and made deliveries within this state at any time since 2/25/2017. The opt-in period will close on 8/11/2021. Signed by Chief Judge D. P. Marshall Jr. on 5/11/2021. (jak) |
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GPO
Oct 24 2022
ORDER denying Doc. 57 Holmes Motion for Summary Judgment; denying Doc. 60 Holmes Motion for Decertification; denying Doc. 14 Hames Motion to Conditionally Certify; and directing the Clerk to correct the docket, Doc. 60 is a motion to decertify the collective action. Because of the overlap, and to achieve efficiencies for the parties and the Court, Hames, Case No. 3:21-cv-218-DPM, is consolidated for trial with Holmes, Case No. 4:20-cv-191-DPM. All future filings should be made in Case No. 4:20-cv-191-DPM, the lead case, with the joint style used in this Order. The Court requests the parties to sprint during the next month on any clean-up discovery needed. Signed by Chief Judge D. P. Marshall Jr. on 10/24/2022. (ldb) |
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GPO
Nov 07 2022
ORDER granting 84 Joint motion for a pretrial conference. Please meet, confer, and submit a trial plan (joint or separate) by 11/14/2022. Pretrial set for 3:00 p.m. on 11/16/2022 in Little Rock Courtroom 1A. 74 Motion in Limine is partly granted and partly denied as stated in this Order. Expedited response to Stetson's motion for findings of fact and conclusions of law, 82, due by 11/15/2022. Signed by Chief Judge D. P. Marshall Jr. on 11/7/2022. (jak) |
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GPO
Nov 17 2022
ORDER: For the reasons stated on the record at the pretrial conference, Stetson's 82 motion for findings of fact and conclusions of law is denied. Pretrial information sheets due 11/23/2022. We'll start the trial at 9:30 a.m. on 12/12/2022 and at 8:30 a.m. on the following days, subject to the carveouts mentioned on the record at the pretrial conference. Each side will get ten hours for proof and argument. Signed by Chief Judge D. P. Marshall Jr. on 11/17/2022. (jak) |
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GPO
Dec 12 2022
ORDER granting 104 Motion. The Court authorizes John Stetson to bring a cell phone, laptop computer, or personal digital assistant into the U.S. Courthouse in Little Rock for the trial scheduled to begin on 12/12/2022. Signed by Chief Judge D. P. Marshall Jr. on 12/12/2022. (jak) |
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GPO
Dec 12 2022
ORDER: The Court authorizes Roy Holmes to bring a cell phone, laptop computer, or personal digital assistant into the U.S. Courthouse in Little Rock for a trial scheduled to begin on 12/12/2022. Signed by Chief Judge D. P. Marshall Jr. on 12/12/2022. (jak) |
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GPO
Dec 16 2022
ORDER: Stetsons' motion for a mistrial is denied. The Holmes collective is decertified. All opt-in plaintiffs will be dismissed without prejudice. The statute of limitations is tolled for the opt-in plaintiffs until Judgment issues. Michael Hames, Jr. is dismissed without prejudice. Stetsons' motion to strike related exhibits 102, 103, and 167 is granted. The Court rules in favor of Roy Holmes, Tina Alexander, Patrick Norris, Melissa Garner, Michael E. Hames, and James Kenley on their individual claims under the FLSA and AMWA against Stetson Courier, Inc. and John Stetson. They are employees and John Stetson was also their employer. The Court also rules in favor of Holmes, Alexander, Norris, and Garner on their retaliation claim against Stetson Courier, Inc. and John Stetson. The Court will not assess liquidated damages on the named plaintiffs' FLSA and AMWA claims. The couriers' brief on damages is due by 1/20/2023. Stetsons' response is due by 2/17/2023. Signed by Chief Judge D. P. Marshall Jr. on 12/16/2022. (jak) |
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GPO
Sep 29 2023
MEMORANDUM OPINION AND ORDER based on the whole record, including the Court's evaluation of each witness's credibility, the Court awards the minimum wage and overtime damages specified in Appendix A and the retaliation damages specified in Appendix B attached to this Order. Signed by Chief Judge D. P. Marshall Jr. on 9/29/2023. (jak) |
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GPO
Sep 29 2023
JUDGMENT in favor of Roy Holmes for $19,612.73; in favor of Tina Alexander for $11,618.85; in favor of Patrick Norris for $21,305.40; in favor of Melissa Garner for $6,776.10 against John Stetson and Stetson Courier, Inc. jointly and severally. All opt-in plaintiffs are dismissed without prejudice. Holmes, Alexander, Norris, and Garner shall also have judgment against Stetson Courier, Inc. and John Stetson for a reasonable attorneys fee and costs. Motion for fees and costs due by 10/31/2023. This Judgment shall bear interest at a rate of 5.46%. Signed by Chief Judge D. P. Marshall Jr. on 9/29/2023. (jak)(Docket text modified on 9/29/2023 to correct a typographical error) (jak) |
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GPO
Dec 15 2023
ORDER mostly granting and partly denying 141 motion for fees and costs; awarding attorneys' fees of $67,217.63, costs of $8,022.23, and other expenses of $270.15; and denying without prejudice 143 motion to reopen discovery. Signed by Chief Judge D. P. Marshall Jr. on 12/15/2023. (jak) (Additional attachment(s) added on 12/15/2023: # (1) Main Document - Correct) (jak). |
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GPO
Sep 19 2024
ORDER granting as modified 171 motion; post-judgment discovery deadline extended to 12/20/2024; and ordering Stetson to appear at the Rose Law Firm on 10/18/2024 at 1:00 p.m. for his deposition. Signed by Judge D. P. Marshall Jr. on 9/19/2024. (jak) |
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GPO
Sep 25 2024
AMENDED ORDER granting as modified 171 motion; post-judgment discovery deadline extended to 12/20/2024; John Stetson must appear for the rescheduled deposition at the Sanford Law Firm on 10/18/2024 at 1:00 p.m.. Signed by Judge D. P. Marshall Jr. on 9/25/2024. (jak) |
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GPO
Mar 25 2025
ORDER: The Court will hold an in-person status conference with counsel from both sides at 10:00 a.m. on 6/4/2025 in courtroom AC436 in the U.S. Courthouse in Little Rock; John Stetson must attend the hearing in-person, too. If he does not the Court will consider sanctions and a writ of body attachment will likely issue. 179 Motion denied without prejudice. Signed by Judge D. P. Marshall Jr. on 3/25/2025. (jak) (Docket text modified on 3/25/2025 to correct a typographical error) (jak) |
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GPO
Apr 17 2025
ORDER directing the plaintiffs to serve Stetson - by personal service - with a certified copy of the Court's 184 Order no later than 5/5/2025. The plaintiffs must file proof of service. Signed by Judge D. P. Marshall Jr. on 4/17/2025. (jak) |
| Docket last updated: 2 hours ago |
| Monday, May 05, 2025 | ||
| 188 | 188
misc
Status Report
Mon 05/05 4:23 PM
STATUS REPORT on Service of Defendant John Stetson by Roy Holmes. (Sanford, Joshua) |
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| Thursday, May 01, 2025 | ||
| 187 | 187
misc
Mail Returned
Thu 05/01 10:53 AM
Mail Returned Undeliverable as to John Stetson re186 Order. (fjg) |
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