Rosales et al v. Capital Interior Contractors et al
| Virginia Eastern District Court | |
| Judge: | Henry E Hudson |
| Case #: | 3:20-cv-00916 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:1938 Fair Labor Standards Act |
| Case Filed: | Dec 01, 2020 |
| Terminated: | Jan 26, 2022 |
| Last checked: Sunday May 30, 2021 7:28 AM EDT |
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Defendant
GTO Drywall
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Represented By
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Defendant
Capital Interior Contractors
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Represented By
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Defendant
RDIC Incorporated
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Represented By
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Plaintiff
Javier Fernandez
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Plaintiff
Miguel Villeda
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Plaintiff
Alvin Garcia
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Plaintiff
Franklin Rolando Morazan Isaguirre
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Plaintiff
Chelston Juarez
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Plaintiff
Peyton Rodriguez Lugo
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Plaintiff
Josue Esteban Morales
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Plaintiff
Carlos Heriberto Benitez Orellana
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Plaintiff
Oscar Ortez-Nuila
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Plaintiff
Abel Bartolon Ramos
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Plaintiff
Cristian Romero
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Plaintiff
Jose Romero
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Plaintiff
Yenyffer Romero
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Plaintiff
William Alexander Salgado
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Plaintiff
Ramon Escalante
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Plaintiff
Ramon Antonio Mejia Costello
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Plaintiff
Jorge Colin-Garfias
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Plaintiff
Jeronimo Chavez
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Plaintiff
Marcos Cabrera
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Plaintiff
Nolberto Bueso
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Plaintiff
Luis Manuel Brene
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Plaintiff
Rogelio Antonio Benitez
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Plaintiff
Carlos Anibal Bedoya
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Plaintiff
Emer Samir Rodriguez Avila
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Plaintiff
Azalea Aguilar
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Plaintiff
Oscar Acosta
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Plaintiff
Gilberto Rosales
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Plaintiff
Hector Polanco-Alvarez
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| Docket last updated: 05/09/2025 11:59 PM EDT |
| Wednesday, January 26, 2022 | ||
| 49 | 49
2
pgs
order
Order Dismissing Case
Wed 01/26 4:58 PM
FINAL ORDER (Granting Motion for Approval of Settlement Agreement and Dismissing Case) - THIS MATTER is before the Court on the parties' "Consent Motion for Final Approval of Fair Labor Standards Act Settlement" (ECF No. 44) and "Consent Motion for Award of Attorneys' Fees" (ECF No. 46). Upon consideration of the Parties' Motions and having held an approval hearing on January 26, 2022, it is hereby ORDERED that both Motions are GRANTED and that the Parties' Settlement Agreement and Release (ECF No. 45-1) is APPROVED as fair and adequate. Defendants shall pay Plaintiffs according to the Settlement Agreement and Release and further pay Plaintiffs' counsel $86,000.00 for reasonable attorneys' fees and costs. This action is DISMISSED WITH PREJUDICE, except that this Court retains jurisdiction to enforce the terms of the Settlement Agreement pursuant to Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994). This case is CLOSED. Signed by District Judge Henry E. Hudson on 1/26/2022. (smej, ) |
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| 48 | 48
minutes
1 - Terminate Motion and R&R Deadlines/Hearings Motion Hearing
Wed 01/26 11:44 AM
Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Harding, OCR): Motions Hearing held on 1/26/2022 re44 Consent Motion for Final Approval of Fair Labor Standards Act Settlement and46 Consent Motion for Award of Attorneys' Fees. Hearing held remotely via Zoom. Factual findings made by the Court; settlement approved by the Court. Court to retain jurisdiction for purposes of enforcing the settlement agreement. Order to enter, case to be closed. (rpiz) |
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| Tuesday, January 25, 2022 | ||
| 47 | 47
notice
Notice (other)
Tue 01/25 7:28 PM
NOTICE by Jennifer Munoz, Jennifer Munoz, Gilberto Rosales re45 Memorandum in Support, NOTICE OF ERRATUM (Kaplan, Matthew) |
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| Monday, January 24, 2022 | ||
| 46 | 46
motion
Miscellaneous Relief (MOTION)
Mon 01/24 11:27 AM
Consent MOTION Approval of Agreed Attorneys' Fees in FLSA Settlement re44 Consent MOTION for Settlement Approval PLAINTIFFS CONSENT MOTION FOR AWARD OF ATTORNEYS FEES AND INCORPORATED MEMORANDUM IN SUPPORT by Oscar Acosta, Azalea Aguilar, Emer Samir Rodriguez Avila, Carlos Anibal Bedoya, Rogelio Antonio Benitez, Luis Manuel Brene, Nolberto Bueso, Marcos Cabrera, Jeronimo Chavez, Jorge Colin-Garfias, Ramon Antonio Mejia Costello, Ramon Escalante, Javier Fernandez, Alvin Garcia, Franklin Rolando Morazan Isaguirre, Chelston Juarez, Peyton Rodriguez Lugo, Josue Esteban Morales, Jennifer Munoz, Jennifer Munoz, Carlos Heriberto Benitez Orellana, Oscar Ortez-Nuila, Hector Polanco-Alvarez, Abel Bartolon Ramos, Cristian Romero, Jose Romero, Yenyffer Romero, Gilberto Rosales, William Alexander Salgado, Miguel Villeda.(Kaplan, Matthew) |
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Att: 1
Proposed Order
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| Thursday, January 13, 2022 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Thu 01/13 10:30 AM
Set Hearings as to44 Consent Motion for Final Approval of FLSA Settlement: Motion Hearing set for 1/26/2022 at 10:30 AM before District Judge Henry E. Hudson (rpiz) |
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| Friday, December 24, 2021 | ||
| 45 | 45
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respm
Memorandum in Support
Fri 12/24 12:28 PM
Memorandum in Support re44 Consent MOTION for Settlement Approval filed by Jennifer Munoz, Gilberto Rosales.(Nadas, Rachel) |
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Att: 1
Exhibit 1, Settlement Agreement,
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Att: 2
Exhibit 2, Declaration of Matthew Kaplan,
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Att: 3
Exhibit 3, Schedule of Payments
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| 44 | 44
motion
Settlement
Fri 12/24 12:24 PM
Consent MOTION for Settlement Approval by Jennifer Munoz, Gilberto Rosales.(Nadas, Rachel) |
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Att: 1
Proposed Order
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| Tuesday, November 23, 2021 | ||
| 43 | 43
1
pgs
order
Order on Motion to Substitute Party
Tue 11/23 2:49 PM
ORDER - UPON CONSIDERATION of the Unopposed Motion to Substitute Successor Plaintiff for Deceased Plaintiff Hector Jose Polanco-Alvarez (ECF No. 42): ORDERED, that the Motion is GRANTED; ORDERED, that Jennifer Munoz be substituted into this action for deceased Plaintiff Hector Jose Polanco-Alvarez as the Next Friend of E.T. and H.P., the minor children of Mr. Polanco-Alvarez, and that she by styled as a party as "E.T. and H.P., by their mother and next friend, Jennifer Munoz." Signed by District Judge Henry E. Hudson on 11/23/2021. (smej, ) |
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| Monday, November 22, 2021 | ||
| 42 | 42
motion
Substitute Party
Mon 11/22 8:11 PM
Consent MOTION to Substitute Party UNOPPOSED MOTION TO SUBSTITUTE SUCCESSOR PLAINTIFF FOR DECEASED PLAINTIFF HECTOR JOSE POLANCO-ALVAREZ AND INCORPORATED MEMORANDUM IN SUPPORT by Oscar Acosta, Azalea Aguilar, Emer Samir Rodriguez Avila, Carlos Anibal Bedoya, Rogelio Antonio Benitez, Luis Manuel Brene, Nolberto Bueso, Marcos Cabrera, Jeronimo Chavez, Jorge Colin-Garfias, Ramon Antonio Mejia Costello, Ramon Escalante, Javier Fernandez, Alvin Garcia, Franklin Rolando Morazan Isaguirre, Chelston Juarez, Peyton Rodriguez Lugo, Josue Esteban Morales, Carlos Heriberto Benitez Orellana, Oscar Ortez-Nuila, Hector Polanco-Alvarez, Abel Bartolon Ramos, Cristian Romero, Jose Romero, Yenyffer Romero, Gilberto Rosales, William Alexander Salgado, Miguel Villeda, Jennifer Munoz.(Kaplan, Matthew) |
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Att: 1
Affidavit Declaration of Jennifer Munoz,
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Att: 2
Affidavit Declaration of Matthew B. Kaplan,
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Att: 3
Proposed Order
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| Friday, October 08, 2021 | ||
| 41 | 41
notice
Notice of Settlement (by Attorney)
Fri 10/08 11:31 AM
NOTICE of Settlement NOTICE OF SETTLEMENT BY ALL PARTIES by Oscar Acosta, Azalea Aguilar, Emer Samir Rodriguez Avila, Carlos Anibal Bedoya, Rogelio Antonio Benitez, Luis Manuel Brene, Nolberto Bueso, Marcos Cabrera, Jeronimo Chavez, Jorge Colin-Garfias, Ramon Antonio Mejia Costello, Ramon Escalante, Javier Fernandez, Alvin Garcia, Franklin Rolando Morazan Isaguirre, Chelston Juarez, Peyton Rodriguez Lugo, Josue Esteban Morales, Carlos Heriberto Benitez Orellana, Oscar Ortez-Nuila, Hector Polanco-Alvarez, Abel Bartolon Ramos, Cristian Romero, Jose Romero, Yenyffer Romero, Gilberto Rosales, William Alexander Salgado, Miguel Villeda (Kaplan, Matthew) |
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| Thursday, August 05, 2021 | ||
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utility
Set/Reset Hearings
Thu 08/05 10:25 AM
Settlement Conference set for 10/13/2021 at 9:30 AM in Richmond Judges Chamber before Magistrate Judge Elizabeth W. Hanes. (mful) |
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| Wednesday, July 28, 2021 | ||
| 40 | 40
4
pgs
order
Order
Wed 07/28 4:13 PM
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE - The Court has scheduled this case for a settlement conference on October 13, 2021 at 9:30 A.M. At that time, the parties shall report to the chambers of Magistrate Judge Elizabeth W. Hanes. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Elizabeth W. Hanes on 7/28/2021. (smej, ) |
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| Saturday, July 17, 2021 | ||
| 39 | 39
misc
Status Report
Sat 07/17 6:15 PM
STATUS REPORT (Joint) by GTO Drywall, RDIC Incorporated. (Feinberg, Matthew) |
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| Monday, May 03, 2021 | ||
| 38 | 38
order
Protective Order ~Util - Terminate Motions
Mon 05/03 10:44 AM
PROTECTIVE ORDER re:37 Consent MOTION for Protective Order filed by GTO Drywall, RDIC Incorporated (See Protective Order for Details.). Signed by District Judge Henry E. Hudson on 5/3/2021. (asho, ) |
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| Tuesday, April 27, 2021 | ||
| 37 | 37
motion
Protective Order
Tue 04/27 11:03 AM
Consent MOTION for Protective Order by GTO Drywall, RDIC Incorporated. (Feinberg, Matthew) |
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| Monday, April 12, 2021 | ||
| 36 | 36
order
Pretrial Order ~Util - Set Hearings
Mon 04/12 3:09 PM
INITAL PRETRIAL ORDER - Bench Trial set for 1/18/2022 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (signed by District Judge Henry E. Hudson on 4/12/2021) (rpiz) |
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| 35 | 35
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order
Order
Mon 04/12 3:08 PM
ORDER (Settlement Conference Referral) It is hereby ORDERED that the settlement conference and proceedings required by section l(E)(l) of Pretrial Schedule A are referred to United States Magistrate Judge Elizabeth W. Hanes. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Hanes within five (5) days of the date of this Order t schedule the conference, which should occur at least thirty (30) days before the start of trial and at such time as Magistrate Judge Hanes shall approve. Signed by District Judge Henry E. Hudson on 4/12/2021. Copies distributed as directed.(asho, ) |
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utility
Case Assigned/Reassigned
Mon 04/12 3:14 PM
Case Referred to Magistrate Judge Elizabeth W. Hanes per Order35 . (asho, ) |
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| Thursday, April 08, 2021 | ||
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minutes
1 - Terminate Hearings Pretrial Conference - Initial
Thu 04/08 3:19 PM
Initial Pretrial Conference held on 4/8/2021 before District Judge Henry E. Hudson (rpiz) |
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| Friday, April 02, 2021 | ||
| 34 | 34
1
pgs
order
Order on Motion for Pro hac vice
Fri 04/02 12:48 PM
ORDER Granting31 Motion for Pro hac vice added George Andrew Voegele, Jr. for Capital Interior Contractors. Signed by District Judge Henry E. Hudson on 4/2/2021. (asho, ) |
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| 33 | 33
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pgs
order
Order on Motion for Pro hac vice
Fri 04/02 12:45 PM
ORDER Granting32 Motion for Pro hac vice added Jason Alexander Cabrera for Capital Interior Contractors. Signed by District Judge Henry E. Hudson on 4/2/2021. (asho, ) |
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| Thursday, April 01, 2021 | ||
| 32 | 32
motion
Pro Hac Vice
Thu 04/01 5:15 PM
Motion to appear Pro Hac Vice by Jason Alexander Cabrera and Certification of Local Counsel Elizabeth C. Burneson Filing fee $ 75, receipt number 0422-7703407. by Capital Interior Contractors.(Burneson, Elizabeth) |
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Att: 1
Application to Qualify
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| 31 | 31
motion
Pro Hac Vice
Thu 04/01 5:12 PM
Motion to appear Pro Hac Vice by George Andrew Voegele, Jr. and Certification of Local Counsel Elizabeth C. Burneson Filing fee $ 75, receipt number 0422-7703399. by Capital Interior Contractors.(Burneson, Elizabeth) |
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Att: 1
Application to Qualify
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| Tuesday, March 23, 2021 | ||
| 30 | 30
answer
Answer to Complaint
Tue 03/23 3:25 PM
ANSWER to Complaint by RDIC Incorporated.(Feinberg, Matthew) |
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| 29 | 29
answer
Answer to Complaint
Tue 03/23 3:24 PM
ANSWER to Complaint by GTO Drywall.(Feinberg, Matthew) |
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| Friday, March 12, 2021 | ||
| 28 | 28
order
Scheduling Order
Fri 03/12 2:28 PM
SCHEDULING ORDER with Attachment #1 Pretrial Schedule A - Initial Pretrial Conference set for 4/8/2021 at 9:00 AM via Zoom before District Judge Henry E. Hudson (Order issued by deputy clerk at the direction of the Court) (rpiz) |
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| Wednesday, March 03, 2021 | ||
| 27 | 27
answer
Answer to Complaint
Wed 03/03 10:19 AM
ANSWER to Complaint by Capital Interior Contractors.(Story, Nathaniel) |
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| Tuesday, February 23, 2021 | ||
| 26 | 26
misc
Corporate Disclosure Statement
Tue 02/23 1:29 PM
Corporate Disclosure Statement by RDIC Incorporated. (Feinberg, Matthew) |
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| 25 | 25
notice
Notice of Appearance
Tue 02/23 1:29 PM
NOTICE of Appearance by Matthew Edward Feinberg on behalf of RDIC Incorporated (Feinberg, Matthew) |
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| 24 | 24
misc
Corporate Disclosure Statement
Tue 02/23 1:28 PM
Corporate Disclosure Statement by GTO Drywall. (Feinberg, Matthew) |
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| 23 | 23
notice
Notice of Appearance
Tue 02/23 1:27 PM
NOTICE of Appearance by Matthew Edward Feinberg on behalf of GTO Drywall (Feinberg, Matthew) |
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| Wednesday, February 17, 2021 | ||
| 22 | 22
cmp
Amended Complaint
Wed 02/17 4:11 PM
AMENDED COMPLAINT against Capital Interior Contractors, GTO Drywall, RDIC Incorporated, filed by Hector Polanco-Alvarez, Gilberto Rosales.(Nadas, Rachel) |
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| 21 | 21
1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion for Leave to File
Wed 02/17 1:57 PM
ORDER (Granting Motion for Leave to File Second Amended Complaint) re:20 Motion for Leave to File. Plaintiffs are DIRECTED to file their Second Amended Complaint. Defendant Capital Interior Contractors' Motion to Dismiss the Amended Complaint (ECF No.15 ) is DENIED AS MOOT. Signed by District Judge Henry E. Hudson on 2/17/2021. (asho, ) |
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| Friday, February 12, 2021 | ||
| 20 | 20
motion
Leave to File Document
Fri 02/12 5:32 PM
Consent MOTION for Leave to File Amended Complaint by Hector Polanco-Alvarez, Gilberto Rosales.(Nadas, Rachel) |
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Att: 1
Exhibit A,
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Att: 2
Proposed Order
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| 19 | 19
service
Waiver of Service Executed
Fri 02/12 2:56 PM
WAIVER OF SERVICE Returned Executed by Hector Polanco-Alvarez, Gilberto Rosales. GTO Drywall waiver sent on 1/25/2021, answer due 3/26/2021. (Nadas, Rachel) |
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| 18 | 18
service
Waiver of Service Executed
Fri 02/12 2:51 PM
WAIVER OF SERVICE Returned Executed by Hector Polanco-Alvarez, Gilberto Rosales, Oscar Acosta. RDIC Incorporated waiver sent on 1/25/2021, answer due 3/26/2021. (Nadas, Rachel) |
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| Friday, January 29, 2021 | ||
| 17 | 17
misc
Financial Disclosure Statement
Fri 01/29 11:36 AM
Financial Interest Disclosure Statement (Local Rule 7.1) by Capital Interior Contractors. (Story, Nathaniel) |
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| 16 | 16
22
pgs
respm
Memorandum in Support
Fri 01/29 11:35 AM
Memorandum in Support re15 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Capital Interior Contractors.(Story, Nathaniel) |
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Att: 1
Exhibit A
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| 15 | 15
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Fri 01/29 11:33 AM
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Capital Interior Contractors. (Story, Nathaniel) |
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| Wednesday, December 23, 2020 | ||
| 14 | 14
notice
Notice of Consent to Join Suit
Wed 12/23 9:51 AM
NOTICE of Consent to Join Suit as a Party Plaintiff by Rachel Emily Nadas on behalf of Hector Polanco-Alvarez, Gilberto Rosales(Nadas, Rachel) |
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Att: 1
Consents to Join,
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Att: 2
Consents to Join
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| Thursday, December 17, 2020 | ||
| 13 | 13
service
Summons Reissued
Thu 12/17 4:33 PM
Summons Reissued as to Capital Interior Contractors, GTO Drywall, RDIC Incorporated. NOTICE TO ATTORNEY: Print out two electronically reissued summons and one copy of the attachments for each defendant to be served with the Amended Complaint. (asho, ) |
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| Wednesday, December 16, 2020 | ||
| 12 | 12
misc
Proposed Summons
Wed 12/16 7:40 PM
Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
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| 11 | 11
misc
Proposed Summons
Wed 12/16 7:39 PM
Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
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| 10 | 10
misc
Proposed Summons
Wed 12/16 7:38 PM
Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
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| 9 | 9
cmp
Amended Complaint
Wed 12/16 7:25 PM
AMENDED COMPLAINT against All Defendants, filed by Gilberto Rosales, Hector Polanco-Alvarez.(Nadas, Rachel) |
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| Tuesday, December 08, 2020 | ||
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misc
Notice of Correction
Tue 12/08 2:07 PM
Notice of Correction re7 NOTICE OF ERRATA. The filing user is notified to file an Amended Complaint with the party correction and new proposed summonses for all defendants that the Clerk will re-issue. (tjoh, ) |
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| Wednesday, December 02, 2020 | ||
| 8 | 8
misc
Proposed Summons
Wed 12/02 4:21 PM
Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
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| 7 | 7
notice
Notice (other)
Wed 12/02 3:32 PM
NOTICE by Hector Polanco-Alvarez, Gilberto Rosales (Nadas, Rachel) |
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| 6 | 6
notice
Notice of Appearance
Wed 12/02 1:49 PM
NOTICE of Appearance by Matthew Bryce Kaplan on behalf of Hector Polanco-Alvarez, Gilberto Rosales (Kaplan, Matthew) |
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| 5 | 5
service
Summons Issued
Wed 12/02 8:22 AM
Summons Issued as to Capital Interior Contractors, GTO Drywall, RDIC Incorporated. NOTICE TO ATTORNEY: Remove header and print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (tjoh, ) |
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utility
Initial Case Assignment
Wed 12/02 8:15 AM
Initial Case Assignment to District Judge Henry E. Hudson. (tjoh, ) |
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| Tuesday, December 01, 2020 | ||
| 4 | 4
misc
Proposed Summons
Tue 12/01 3:08 PM
Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
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| 3 | 3
misc
Proposed Summons
Tue 12/01 3:08 PM
Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
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| 2 | 2
misc
Proposed Summons
Tue 12/01 3:07 PM
Proposed Summons by Hector Polanco-Alvarez, Gilberto Rosales. (Nadas, Rachel) |
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| 1 | 1
cmp
Complaint
Tue 12/01 3:05 PM
Complaint ( Filing fee $ 402, receipt number 0422-7521000.), filed by Gilberto Rosales, Hector Polanco-Alvarez.(Nadas, Rachel) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Consent to Join,
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Att: 3
Consent to Join
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