Curry v. Biord
| Georgia Northern District Court | |
| Judge: | Thomas W Thrash, Jr |
| Case #: | 1:22-cv-02455 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:216(b) Labor - Minimum wage or overtime compensation |
| Case Filed: | Jun 20, 2022 |
| Terminated: | Jan 11, 2023 |
| Last checked: Saturday Dec 17, 2022 4:22 AM EST |
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Defendant
John Edward Biord
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Plaintiff
James Curry
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Represented By
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| Docket last updated: 2 hours ago |
| Tuesday, May 06, 2025 | ||
| 27 | 27
misc
Leave of Absence
Tue 05/06 4:16 PM
Notice for Leave of Absence for the following date(s): June 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 30, July 1, 2, 3, 4, by Michael Blair Schoenfeld. (Schoenfeld, Michael) |
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| 26 | 26
motion
Sanctions
Tue 05/06 3:49 PM
MOTION for Sanctions by James Curry.(Schoenfeld, Michael) |
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Att: 1
M. Schoenfeld Declaration
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| Monday, May 05, 2025 | ||
| 25 | 25
motion
Extension of Time
Tue 05/06 3:46 PM
PRO SE MOTION for Extension of Time to carry out the Settlement Agreement by John Edward Biord. (tcc) |
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| Tuesday, July 09, 2024 | ||
| 24 | 24
misc
Status Report
Tue 07/09 10:14 AM
STATUS REPORT re Defendant's compliance with the Order dated 12/20/23 by James Curry. (Schoenfeld, Michael) |
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| Monday, June 10, 2024 | ||
| 23 | 23
misc
Status Report
Mon 06/10 4:31 PM
STATUS REPORT re Defendant's compliance with the Order dated 12/20/23 by James Curry. (Schoenfeld, Michael) |
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| Friday, May 10, 2024 | ||
| 22 | 22
misc
Status Report
Fri 05/10 12:11 PM
STATUS REPORT re Defendant's compliance with the Order dated 12/20/23 by James Curry. (Schoenfeld, Michael) |
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| Thursday, April 11, 2024 | ||
| 21 | 21
2
pgs
order
Order on Motion to Hold in Contempt
Thu 04/11 11:47 AM
ORDER granting in part16 Motion for Contempt and Sanctions. IT IS FURTHER ORDERED that Defendant Biord shall pay a fine of $100.00 per day to the Clerk of the Northern District of Georgia beginning on 04/12/2024, until he purges himself of contempt. IT IS FURTHER ORDERED that by 05/10/2024, Plaintiff shall file a status report with the Court regarding Defendant's compliance with the Court's Order dated 12/30/2023, or alternatively, request a hearing. Signed by Judge Thomas W. Thrash, Jr. on 4/11/2024. c:Financial Office(jkb) |
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| Wednesday, April 10, 2024 | ||
| 20 | 20
minutes
Motion Hearing
Wed 04/10 2:51 PM
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Motion Hearing held on 4/10/2024 re16 MOTION for Contempt and Sanctions filed by James Curry. (Court Reporter Diane Peede)(jkb) |
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| Monday, March 11, 2024 | ||
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notice
Notice of Hearing on Motion
Mon 03/11 10:28 AM
NOTICE of Hearing on Motion re:16 MOTION for Contempt and Sanctions. Motion Hearing set for 4/10/2024 at 02:00 PM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. (cbi) |
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| Monday, March 04, 2024 | ||
| 19 | 19
misc
Certified Mail Returned Receipt
Tue 03/05 12:44 PM
Certified Mail Returned Receipt re Clerks Certificate of Mailing (jkb) |
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| Monday, February 26, 2024 | ||
| 18 | 18
misc
Certified Mail Returned Receipt
Mon 02/26 11:11 AM
Certified Mail Returned Receipt re Clerks Certificate of Mailing (jkb) |
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| Tuesday, February 20, 2024 | ||
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utility
Submission to District Judge
Tue 02/20 2:42 PM
Submission of16 MOTION for Contempt and Sanctions , to District Judge Thomas W. Thrash Jr. (hfm) |
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| Wednesday, February 14, 2024 | ||
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order
Writ Issued
Wed 02/14 8:38 AM
WRIT of of Execution issued in the amount of $21,500.00 to attorney Michael B. Schoenfeld (jkb) |
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utility
Clerks Certificate of Mailing
Wed 02/14 8:42 AM
Clerk's Certificate of Mailing as to Attorney Michael Schoenfeld re Writ Issued. CMRR# 70211970000227233884 (jkb) |
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| Tuesday, February 13, 2024 | ||
| 17 | 17
misc
Application for Writ
Tue 02/13 10:13 AM
APPLICATION for Writ of Execution by James Curry. (Schoenfeld, Michael) |
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| Wednesday, January 31, 2024 | ||
| 16 | 16
motion
Contempt
Wed 01/31 11:51 AM
MOTION for Contempt and Sanctions by James Curry.(Schoenfeld, Michael) |
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Att: 1
Schoenfeld Declaration
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| Thursday, December 21, 2023 | ||
| 15 | 15
misc
Judgment - Clerk
Thu 12/21 8:43 AM
CLERK'S JUDGMENT in favor of Plaintiff against Defendant (jkb) |
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| Wednesday, December 20, 2023 | ||
| 14 | 14
2
pgs
order
Order on Motion for Order
Thu 12/21 8:28 AM
ORDER granting12 Motion for Order. The Defendant Biord is to take the steps set forth in Section 1(a-f) of the Settlement Agreement, including but not limited to, deposit $2,000,000.00 into an escrow account to pay wages, benefits, and expenses owed and unpaid to all persons who performed services on the motion picture On Smoother Dirt as film production crew members; and IT IS FURTHER ORDERED that judgment shall be entered in favor of Plaintiff in the amount of $25,000.00 in liquidated damages. Signed by Judge Thomas W. Thrash, Jr. on 12/20/2023. (jkb) |
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| Thursday, November 30, 2023 | ||
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utility
Submission to District Judge
Thu 11/30 3:43 PM
Submission of12 MOTION for Order Enforcing FLSA Settlement Agreement to District Judge Thomas W. Thrash Jr. (jeh) |
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| Monday, November 13, 2023 | ||
| 13 | 13
notice
Notice of Filing
Mon 11/13 1:03 PM
NOTICE Of Filing Corrected Motion to Enforce Settlement Agreement by James Curry re12 MOTION for Order Enforcing FLSA Settlement Agreement (Schoenfeld, Michael) |
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Att: 1
Corrected Motion to Enforce Settlement Agreement,
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Att: 2
Corrected Brief,
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Att: 3
Corrected Declaration of M. Schoenfeld,
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Att: 4
Corrected Text of Proposed Order
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| Thursday, November 09, 2023 | ||
| 12 | 12
motion
For Order
Thu 11/09 3:17 PM
MOTION for Order Enforcing FLSA Settlement Agreement with Brief In Support by James Curry.(Schoenfeld, Michael) |
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Att: 1
Brief,
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Att: 2
Schoenfeld Declaration,
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Att: 3
Text of Proposed Order
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| Wednesday, January 11, 2023 | ||
| 11 | 11
2
pgs
order
Order on Motion for Order
Wed 01/11 2:35 PM
ORDER granting10 Motion to Approve FLSA Settlement Agreement. IT IS FURTHER ORDERED that the Settlement Agreement is APPROVED. The Parties are to file a Stipulation of Dismissal of this action with prejudice following Defendant's satisfaction of the steps set forth in Section 1 (a-f) of the Settlement Agreement. The Parties shall bear their own costs. Signed by Judge Thomas W. Thrash, Jr. on 1/11/23. (rsg) |
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utility
Terminate Civil Case
Wed 01/11 2:37 PM
Civil Case Terminated. (rsg) |
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| Monday, January 09, 2023 | ||
| 10 | 10
motion
For Order
Mon 01/09 11:02 AM
MOTION for Order Approving FLSA Settlement Agreement with Brief In Support by James Curry.(Schoenfeld, Michael) |
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Att: 1
Brief,
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Att: 2
Ex. 1 - Settlement Agreement,
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Att: 3
Text of Proposed Order
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| Tuesday, December 06, 2022 | ||
| 9 | 9
2
pgs
order
Order on Motion to Certify Class
Wed 12/07 11:44 AM
ORDER granting8 Motion to Certify Class. It is: 1. ORDERED that this action is conditionally certified pursuant to 29 U.S.C. §216(b) on behalf of the following: All persons who performed services on the motion picture On Smoother Dirt as film production crew members since January 1, 2022 (collectively the FLSA Class); 2. ORDERED that Defendant will produce to Plaintiff's counsel the names and last known: addresses, telephone numbers and email addresses of all potential members of the FLSA Class within ten (10) days of the date of this Order; 3. ORDERED that Plaintiff may issue notice to all potential members of the FLSA Class by first-class mail and email, informing them of their right to opt-in to this case; 4. ORDERED that there shall be an opt-in period of sixty (60) days, beginning from the date of Plaintiff's first issuance of notice; 5. ORDERED that Plaintiff is permitted to send reminder notices by first-class mail and email to all potential members of the FLSA Class who have not yet responded to notice within twenty-five (25) days of the first issuance of notice; 6. ORDERED that Plaintiff's proposed form of notice, attached to Plaintiff's Motion as Exhibit A, and Plaintiff's proposed Opt-In Consent Form, attached to Plaintiff's Motion as Exhibit B, are APPROVED, and shall be included in the issuance of notice. Signed by Judge Thomas W. Thrash, Jr. on 12/06/2022. (rsg) |
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utility
Submission to District Judge
Tue 12/06 2:44 PM
Submission of8 MOTION to Certify Class to District Judge Thomas W. Thrash Jr. (jeh) |
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| Friday, November 18, 2022 | ||
| 8 | 8
4
pgs
motion
Certify Class
Fri 11/18 4:28 PM
MOTION to Certify Class with Brief In Support by James Curry.(Schoenfeld, Michael) |
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Att: 1
Brief,
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Att: 2
Ex. A - Proposed Notice,
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Att: 3
Ex. B - Proposed Consent Form,
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Att: 4
J. Curry Declaration,
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Att: 5
D. Connell Declaration,
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Att: 6
D. Luse Declaration,
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Att: 7
Text of Proposed Order
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| Friday, October 07, 2022 | ||
| 7 | 7
order
Scheduling Order
Fri 10/07 3:49 PM
SCHEDULING ORDER: re:5 Joint Preliminary Report and Discovery Plan: Amended Pleadings due by 11/7/2022. Discovery ends on 2/3/2023. Motions due by 3/3/2023. Proposed Pretrial Order due by 3/3/2023. Signed by Judge Thomas W. Thrash, Jr. on 10/7/22. (jra) |
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| Thursday, October 06, 2022 | ||
| 6 | 6
service
Certificate of Service
Thu 10/06 12:18 PM
CERTIFICATE OF SERVICE filed by James Curry re Plaintiff's Initial Disclosures (Schoenfeld, Michael) |
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| 5 | 5
misc
Joint Preliminary Report and Discovery Plan
Thu 10/06 12:17 PM
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by James Curry. (Schoenfeld, Michael) |
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| Tuesday, September 06, 2022 | ||
| 4 | 4
answer
Answer to Complaint
Wed 09/07 10:18 AM
(*Construed by clerk as) ANSWER to1 COMPLAINT with Jury Demand by John Edward Biord - (Titled as "Defendant's Initial Disclosures, Response, and Affirmative Defense") Discovery ends on 2/3/2023.(jra) |
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| Tuesday, August 30, 2022 | ||
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utility
Clerks Entry of Default
Tue 08/30 10:54 AM
Clerks Entry of Default as to John Edward Biord (jra) |
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| Monday, August 29, 2022 | ||
| 3 | 3
motion
Clerks Entry of Default
Mon 08/29 10:17 AM
MOTION for Clerks Entry of Default by James Curry.(Schoenfeld, Michael) |
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Att: 1
Declaration of M. Schoenfeld
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| Monday, August 01, 2022 | ||
| 2 | 2
service
Waiver of Service Executed
Mon 08/01 2:55 PM
WAIVER OF SERVICE Returned Executed by James Curry. John Edward Biord waiver mailed on 6/23/2022, answer due 8/22/2022. (Schoenfeld, Michael) |
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| Monday, June 20, 2022 | ||
| 1 | 1
cmp
Complaint
Wed 06/22 10:20 AM
COLLECTIVE ACTION COMPLAINT with Jury Demand (Filing fee $402, receipt number AGANDC-11876768) filed by James Curry.(kxm) |
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Att: 1
Exhibit 1 - Curry Consent,
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Att: 2
Civil Cover Sheet
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