Hathaway v. Smallcakes Steele Creek, LLC et al
| North Carolina Western District Court | |
| Judge: | Frank D Whitney |
| Referred: | David S Cayer |
| Case #: | 3:21-cv-00290 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jun 16, 2021 |
| Last checked: Monday Dec 13, 2021 3:33 AM EST |
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Defendant
Ayanna Bowleg
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Represented By
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Defendant
Ian Bowleg
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Represented By
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Defendant
Smallcakes Ballantyne, LLC
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Represented By
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Defendant
Smallcakes Steele Creek, LLC
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Represented By
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Plaintiff
Miranda Hathaway
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Represented By
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| Docket last updated: 45 minutes ago |
| Thursday, August 18, 2022 | ||
| 26 | 26
misc
Stipulation of Dismissal
Thu 08/18 11:21 AM
STIPULATION of Dismissal With Prejudice by Ayanna Bowleg, Ian Bowleg, Smallcakes Ballantyne, LLC, Smallcakes Steele Creek, LLC (All Claims Dismissed. Case to be Closed). (Jenkins, Amy) |
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| Wednesday, June 29, 2022 | ||
| 25 | 25
1
pgs
order
Order ~Util - Set Pretrial Order Deadlines
Wed 06/29 3:16 PM
ORDER sua sponte, as to the trial setting in this matter, which is currently scheduled to begin with docket call on July 11, 2022. Because of the Courts April 18, 2022, Order Granting with Modification the parties Motion to Approve Settlement, (Doc. No. 23), the Court hereby CONTINUES trial in this matter to the mixed term beginning September 12, 2022. ( Jury Trial set for 9/12/2022 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 6/29/22. (clc) |
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| Wednesday, May 11, 2022 | ||
| 24 | 24
motion
Withdraw as Attorney
Wed 05/11 8:19 AM
MOTION to Withdraw as Attorney Nicole K. Haynes by Miranda Hathaway. Responses due by 5/25/2022 (Gessner, L.) |
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order
Order on Motion to Withdraw as Attorney
Wed 05/11 10:25 AM
TEXT-ONLY ORDER granting 24 Motion to Withdraw as Attorney. Attorney Nicole Katherine Haynes terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/11/2022. (DLG) |
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| Monday, April 18, 2022 | ||
| 23 | 23
7
pgs
order
Order on Motion for Settlement Order on Motion to Stay
Mon 04/18 1:51 PM
ORDER granting 22 Motion for Settlement; granting with modification 22 Motion to Stay. Accordingly, all deadlines in this case are STAYED through August 19, 2022. Signed by District Judge Frank D. Whitney on 4/18/22. (clc) |
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utility
Set/Reset Deadlines
Mon 04/18 1:53 PM
Set/Reset Deadlines: Joint Stipulation of Dismissal due by 8/19/2022. (clc) |
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| Wednesday, February 02, 2022 | ||
| 22 | 22
motion
Settlement Stay
Wed 02/02 5:58 PM
Joint MOTION for Settlement Motion to Approve Settlement , Joint MOTION to Stay All Deadlines Until Settlement Are Completed Payments are by Miranda Hathaway. Responses due by 2/16/2022 (Gessner, L.) |
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Att: 1
Exhibit 1 - Settlement Agreement Executed by All Parties
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| Thursday, January 27, 2022 | ||
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notice
Case Settlement Notice
Thu 01/27 9:07 AM
Attorney advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court may dismiss the case without prejudice. Case Settlement Deadline 2/28/2022. (clc) |
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| Wednesday, January 26, 2022 | ||
| 21 | 21
adr
Report of Mediation
Wed 01/26 8:02 PM
REPORT of Mediation. Outcome of Mediation: Completely Settled. (Dunn, Stephen) |
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| Wednesday, November 17, 2021 | ||
| 20 | 20
notice
Notice of Appearance
Wed 11/17 1:33 PM
NOTICE of Appearance by Megan Feltham on behalf of Ayanna Bowleg, Ian Bowleg, Smallcakes Ballantyne, LLC, Smallcakes Steele Creek, LLC (Feltham, Megan) |
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| Thursday, October 21, 2021 | ||
| 19 | 19
motion
Amend/Correct
Thu 10/21 12:14 PM
Joint MOTION to Amend/Correct Caption by Angela Hathaway. Responses due by 11/4/2021 (Haynes, Nicole) |
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Att: 1
Proposed Order
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order
Order on Motion to Amend/Correct
Thu 10/21 12:18 PM
TEXT-ONLY ORDER granting 19 Motion to Amend/Correct Case Caption. Case caption should read Miranda Hathaway, on behalf of herself and all otherssimilarly situated v. Smallcakes Steele Creek, LLC, Smallcakes Ballantyne, LLC, Ian Bowleg andAyanna Bowleg. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/21/2021. (DLG) |
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| Thursday, October 07, 2021 | ||
| 18 | 18
notice
Notice (Other)
Thu 10/07 9:15 AM
NOTICE of Filing of Consent to Become a Party Plaintiff by Jamyia Coltrane by Angela Hathaway (Gessner, L.) |
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| Friday, September 10, 2021 | ||
| 17 | 17
motion
Amend/Correct
Fri 09/10 3:07 PM
Consent MOTION to Amend/Correct13 Scheduling Order, by Angela Hathaway. Responses due by 9/24/2021 (Gessner, L.) |
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order
Order on Motion to Amend/Correct
Fri 09/10 4:10 PM
TEXT-ONLY ORDER granting 17 Consent Motion to Amend Class Certification Motion Deadline. Class certification motion deadline extended to 1/31/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/10/2021. (DLG) |
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| Tuesday, September 07, 2021 | ||
| 16 | 16
7
pgs
order
Order on Motion to Certify Class
Tue 09/07 3:58 PM
ORDER granting 10 Motion to Certify Class. Signed by District Judge Frank D. Whitney on 9/7/21. (clc) |
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| Wednesday, September 01, 2021 | ||
| 15 | 15
respm
Reply to Response to Motion
Wed 09/01 9:04 AM
REPLY to Response to Motion re10 MOTION to Certify Class CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. §216(b) by Angela Hathaway. (Gessner, L.) |
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| Thursday, August 26, 2021 | ||
| 14 | 14
respm
Response in Opposition to Motion
Thu 08/26 10:29 AM
RESPONSE in Opposition re10 MOTION to Certify Class CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. §216(b) by Ayanna Bowleg, Ian Bowleg, Smallcakes Ballantyne, LLC, Smallcakes Steele Creek, LLC. Replies due by 9/2/2021 (Jenkins, Amy) |
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| Tuesday, August 24, 2021 | ||
| 13 | 13
order
Scheduling Order
Tue 08/24 9:19 AM
Pretrial Order and Case Management Plan: Estimated Trial Time: 5 days. Discovery due by 4/20/2022. Motions due by 5/18/2022. Mediation deadline set for 5/9/2022. Jury Trial set for 7/11/2022 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 8/23/21. (clc) |
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| Saturday, August 21, 2021 | ||
| 12 | 12
notice
Notice (Other)
Sat 08/21 9:28 AM
NOTICE of Certificate of Compliance with Word Count by Angela Hathaway re11 Memorandum in Support of Motion, (Gessner, L.) |
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| Tuesday, August 17, 2021 | ||
| 11 | 11
8
pgs
respm
Memorandum in Support of Motion
Tue 08/17 11:25 AM
MEMORANDUM in Support re10 MOTION to Certify Class CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. §216(b) by Angela Hathaway.(Gessner, L.) |
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Att: 1
Exhibit A - Hathaway Declaration
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| 10 | 10
3
pgs
motion
Certify Class
Tue 08/17 10:44 AM
MOTION to Certify Class CONDITIONALLY CERTIFY A COLLECTIVE ACTION AND FACILITATE NOTICE PURSUANT TO 29 U.S.C. §216(b) by Angela Hathaway. Responses due by 8/31/2021 (Gessner, L.) |
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Att: 1
Exhibit 1 - Notice of Collective Action,
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Att: 2
Exhibit 2 - Consent to Join
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| Monday, August 02, 2021 | ||
| 9 | 9
discov
Certification of Initial Attorneys Conference and Discovery Plan
Mon 08/02 3:23 PM
Joint CERTIFICATION of initial attorney conference and discovery plan (Haynes, Nicole) |
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| Thursday, July 15, 2021 | ||
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notice
Notice to Conduct Initial Attorneys Conference
Thu 07/15 11:07 AM
NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The[LINK:Certificate of Initial Attorneys Conference] , and if applicable, the[LINK:Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge] , should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 8/3/2021. (clc) |
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| Tuesday, July 13, 2021 | ||
| 8 | 8
misc
Corporate Disclosure Statement
Tue 07/13 11:10 AM
Corporate Disclosure Statement by Smallcakes Ballantyne, LLC (Jenkins, Amy) |
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| 7 | 7
misc
Corporate Disclosure Statement
Tue 07/13 11:09 AM
Corporate Disclosure Statement by Smallcakes Steele Creek, LLC (Jenkins, Amy) |
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| 6 | 6
answer
Answer to Complaint
Tue 07/13 11:06 AM
ANSWER to1 Complaint by Ayanna Bowleg, Ian Bowleg, Smallcakes Ballantyne, LLC, Smallcakes Steele Creek, LLC.(Jenkins, Amy) |
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| 5 | 5
notice
Notice of Appearance
Tue 07/13 11:02 AM
NOTICE of Appearance by Amy Yager Jenkins on behalf of All Defendants (Jenkins, Amy) |
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| Wednesday, June 23, 2021 | ||
| 4 | 4
notice
Notice of Appearance
Wed 06/23 5:22 PM
NOTICE of Appearance by Nicole Katherine Haynes on behalf of All Plaintiffs (Haynes, Nicole) |
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| Monday, June 21, 2021 | ||
| 3 | 3
service
Summons Reissued
Mon 06/21 11:13 AM
Summons Reissued Electronically as to Ayanna Bowleg, Ian Bowleg. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 .(js) |
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Att: 1
Summons
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| Thursday, June 17, 2021 | ||
| 2 | 2
service
Summons Issued
Thu 06/17 12:26 PM
Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (js) |
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utility
Case Assigned/Reassigned
Thu 06/17 12:21 PM
Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . This is your only notice - you will not receive a separate document. (js) |
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utility
Initial Scheduling Order Entry - Judge Whitney
Thu 06/17 12:21 PM
Clerk's Entry and Service of[LINK:Initial Scheduling Order] and[LINK:Certificate of Initial Attorney FRCP 26(f) Conference Form] pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (js) |
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| Wednesday, June 16, 2021 | ||
| 1 | 1
cmp
Complaint
Wed 06/16 8:17 PM
COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number 0419-5079165), filed by Angela Hathaway.(Gessner, L.) |
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Att: 1
Exhibit A - Hathaway Consent to Join
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