McKean et al v. City Of Mobile (1:22-cv-00289), Alabama Southern District Court

McKean et al v. City Of Mobile

Alabama Southern District Court
Judge:	Kristi K Dubose
Case #:	1:22-cv-00289
Nature of Suit	710 Labor - Fair Labor Standards Act
Cause	15:5(a) Fair Labor Standards Act

Case Filed:	Jul 21, 2022
Terminated:	Aug 04, 2023

Last checked: Tuesday Jan 17, 2023 3:01 AM CST

Defendant City Of Mobile	Represented By Kathryn M. Willis Burr & Forman LLP contact info H. William Wasden Burr Forman contact info
Plaintiff William Byrd	Represented By Thomas Matthew Loper contact info
Plaintiff Joshua Evans 2851 Schillinger Road South Mobile, AL 36695	Represented By Thomas Matthew Loper contact info
Plaintiff Patrick McKean	Represented By Thomas Matthew Loper contact info

	GPO Jun 01 2023 Order DENYING 34 Joint MOTION to Approve Settlement Agreement filed by City Of Mobile, as set out. It is ORDERED that on or before 6/23/2023, the parties shall jointly file: 1) a new motion and new FLSA settlement agreement which cures the foregoing deficiencies; 2) the necessary assertions and documentary support for the requested attorneys fees and costs; and 3) clarification or explanation as to any other matters noted supra. Signed by District Judge Kristi K. DuBose on 6/1/2023. (meh)
	GPO Aug 04 2023 Order APPROVING 36 & 37 Joint MOTION to Approve Settlement Agreement filed by City Of Mobile. The parties request for attorneys fees and costs is GRANTED as follows: Plaintiffs counsel is awarded $25,707.50 in fees and $402 in costs for a total of $26,109.50. Signed by District Judge Kristi K. DuBose on 08/04/2023. (jmr)
	GPO Aug 04 2023 JUDGMENT - it is ORDERED,ADJUDGED, and DECREED that the FLSA settlement (as amended) is APPROVED (as detailed therein), and that this action is DISMISSED with prejudice. Signed by District Judge Kristi K. DuBose on 08/04/2023. (jmr)

1.	Mobile Police K-9 handlers file federal lawsuit against City (wkrg.com)
	Submitted Mon 07/25/2022

Docket last updated: 4 hours ago

Friday, August 04, 2023
39		39 order Judgment Fri 08/04 11:30 AM JUDGMENT - it is ORDERED,ADJUDGED, and DECREED that the FLSA settlement (as amended) is APPROVED (as detailed therein), and that this action is DISMISSED with prejudice. Signed by District Judge Kristi K. DuBose on 08/04/2023. (jmr) Related: [-]
38		38 15 pgs order Order ~Util - Terminate Motions Fri 08/04 11:20 AM Order APPROVING36 &37 Joint MOTION to Approve Settlement Agreement filed by City Of Mobile. The parties request for attorneys fees and costs is GRANTED as follows: Plaintiffs counsel is awarded $25,707.50 in fees and $402 in costs for a total of $26,109.50. Signed by District Judge Kristi K. DuBose on 08/04/2023. (jmr) Related: [-]
Friday, June 23, 2023
37		37 motion Amend/Correct Fri 06/23 4:18 PM Joint MOTION to Amend/Correct36 Joint MOTION to Approve Settlement Agreement as to Exhibit C [Doc 36-3] filed by City Of Mobile. (Wasden, H.) Related: [-]
36		36 motion Approve Settlement Agreement Fri 06/23 2:16 PM Joint MOTION to Approve Settlement Agreement filed by City Of Mobile. (Wasden, H.) Related: [-]
		Att: 1 Exhibit A - Revised Settlement Agreement and Release,
		Att: 2 Exhibit B - Declaration of Plaintiffs' Counsel,
		Att: 3 Exhibit C - Itemization of Plaintiffs' Counsel's work
		utility Motions Referred Fri 06/23 2:53 PM MOTIONS REFERRED:36 Joint MOTION to Approve Settlement Agreement . Referred to Judge DuBose. (jmr) Related: [-]
		utility Motions Referred Fri 06/23 4:35 PM MOTIONS REFERRED:37 Joint MOTION to Amend/Correct36 Joint MOTION to Approve Settlement Agreement as to Exhibit C [Doc 36-3] . Referred to Judge DuBose. (meh) Related: [-]
Thursday, June 01, 2023
35		35 13 pgs order Order ~Util - Terminate Motions ~Util - Set Deadlines Thu 06/01 4:21 PM Order DENYING34 Joint MOTION to Approve Settlement Agreement filed by City Of Mobile, as set out. It is ORDERED that on or before 6/23/2023, the parties shall jointly file: 1) a new motion and new FLSA settlement agreement which cures the foregoing deficiencies; 2) the necessary assertions and documentary support for the requested attorneys fees and costs; and 3) clarification or explanation as to any other matters noted supra. Signed by District Judge Kristi K. DuBose on 6/1/2023. (meh) Related: [-]
Tuesday, April 11, 2023
		utility Motions Referred Tue 04/11 8:45 AM MOTIONS REFERRED:34 Joint MOTION to Approve Settlement Agreement to Judge DuBose. (meh) Related: [-]
Monday, April 10, 2023
34		34 motion Approve Settlement Agreement Mon 04/10 4:31 PM Joint MOTION to Approve Settlement Agreement filed by City Of Mobile. (Wasden, H.) Related: [-]
		Att: 1 Exhibit A - Settlement Agreement with Resolution,
		Att: 2 Exhibit B - Invoices
Friday, March 10, 2023
33		33 1 pgs order Order ~Util - Set Deadlines Fri 03/10 12:20 PM Order re:32 Status Report filed by City Of Mobile. Joint Motion for Approval of the FLSA Settlement due on or before 4/10/2023. Signed by District Judge Kristi K. DuBose on 3/10/2023. (meh) Related: [-]
Thursday, March 09, 2023
32		32 misc Status Report Thu 03/09 3:04 PM STATUS REPORT Joint Report Regarding Settlement by City Of Mobile. (Wasden, H.) Related: [-]
		utility Document Referred Thu 03/09 4:47 PM REFERRAL OF32 Status Report to Judge Nelson. (meh) Related: [-]
Friday, February 24, 2023
31		31 order Order on Motion for Extension of Time Fri 02/24 2:17 PM ENDORSED ORDER re:30 Motion for Extension of Time. To the extent this motion seeks an additional fourteen (14) days to re-file a third Joint Status Report Regarding Settlement, the motion is GRANTED. Accordingly, the parties are ORDERED to re-file a Joint Report Regarding Settlement in compliance with � 5 of the FLSA Scheduling Order by NLT 3/9/2023. Signed by Magistrate Judge Katherine P. Nelson on 2/24/2023. (pdo) Related: [-]
Thursday, February 23, 2023
30		30 motion Extension of Time Thu 02/23 4:36 PM Joint MOTION for Extension of Time to file joint motion for approval of settlement filed by City Of Mobile. (Wasden, H.) Related: [-]
		utility Motions Referred Thu 02/23 4:57 PM MOTIONS REFERRED:30 Joint MOTION for Extension of Time to file joint motion for approval of settlement to Judge DuBose. (meh) Related: [-]
Wednesday, February 22, 2023
		utility Document Referred Wed 02/22 8:50 AM REFERRAL OF29 Status Report to Judge Nelson. (fz) Related: [-]
Monday, February 20, 2023
29		29 misc Status Report Mon 02/20 1:21 PM STATUS REPORT (Joint Report Regarding Settlement) by City Of Mobile. (Wasden, H.) Related: [-]
Thursday, February 09, 2023
28		28 order Order Thu 02/09 4:39 PM TEXT-ONLY Order re27 Joint Status Report. Pursuant to said report, which was timely filed in accordance with the18 FLSA Scheduling Order, the parties have made "significant progress in reaching agreement," but request an additional ten (10) days to continue settlement discussions. (Doc. 25, PageID.125). Accordingly, the parties are ORDERED to re-file a joint Report Regarding Settlement in compliance with � 5 of the FLSA Scheduling Order by NLT 2/20/2023. Signed by Magistrate Judge Katherine P. Nelson on 2/9/2023. (pdo) Related: [-]
27		27 misc Status Report Thu 02/09 1:30 PM STATUS REPORT Joint Report Regarding Settlement by City Of Mobile. (Wasden, H.) Related: [-]
		utility Document Referred Thu 02/09 3:01 PM REFERRAL OF27 Status Report to Judge Nelson. (meh) Related: [-]
Wednesday, January 18, 2023
26		26 order Order - Document NOTED Wed 01/18 4:04 PM Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Notice of Filing (Other)25 filed by City Of Mobile (pdo) Related: [-]
Tuesday, January 17, 2023
		utility Document Referred Tue 01/17 9:58 AM REFERRAL OF25 Notice (Other) to Judge Nelson. (meh) Related: [-]
Thursday, January 12, 2023
25		25 notice Notice (Other) Thu 01/12 4:40 PM NOTICE by City Of Mobile re24 Order,,, Set Deadlines,,, Terminate Motions,, Defendant's Verified Summary (Wasden, H.) Related: [-]
		Att: 1 Exhibit A (Verification by the City of Mobile)
Thursday, December 29, 2022
24		24 2 pgs order Order ~Util - Set Deadlines ~Util - Terminate Motions Thu 12/29 4:14 PM Order GRANTING23 Consent MOTION for Extension of Time filed by City Of Mobile. NLT than 1/12/2023, Defendant(s) shall (1) file with the Court, and serve the Plaintiff(s) with, a Verified Summary of all hours worked by the Plaintiff(s) during each relevant pay period, the rate of pay and wages paid, including overtime pay, if any; and (2) serve on the Plaintiff(s), but not file with the Court, a copy of all time sheets and payroll records that support or relate tothe time periods in the Verified Summary. All other deadline and provisions in the Preliminary FLSA Scheduling Order (doc.18 ) not expressly modified by this order remain in full force. Signed by Magistrate Judge Katherine P. Nelson on 12/29/2022. (meh) Related: [-]
23		23 motion Extension of Time Thu 12/29 11:35 AM Consent MOTION for Extension of Time filed by City Of Mobile. (Wasden, H.) Related: [-]
		utility Motions Referred Thu 12/29 1:39 PM MOTIONS REFERRED:23 Consent MOTION for Extension of Time Referred to Judge Katherine P. Nelson. (meh) Related: [-]
Friday, December 09, 2022
22		22 order Order - Document NOTED Fri 12/09 1:44 PM Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Notice of Filing20 filed by Joshua Evans, Notice of Filing19 filed by William Byrd, Notice of Filing21 filed by Patrick McKean. (pdo) Related: [-]
Thursday, December 08, 2022
21		21 discov Notice of Filing Discovery Thu 12/08 8:31 AM Notice of Filing Interrogatories filed by Patrick McKean. (Loper, Thomas) Related: [-]
Wednesday, December 07, 2022
20		20 discov Notice of Filing Discovery Wed 12/07 12:55 PM Notice of Filing Interrogatories filed by Joshua Evans. (Loper, Thomas) Related: [-]
19		19 discov Notice of Filing Discovery Wed 12/07 12:54 PM Notice of Filing Interrogatories filed by William Byrd. (Loper, Thomas) Related: [-]
Thursday, November 17, 2022
18		18 order FLSA Scheduling Order Thu 11/17 11:31 AM FLSA SCHEDULING ORDER: The provisions of Rule 26(a)(1) are WAIVED. All discovery in this case is STAYED, except as provided in this Order. Court Interrogatories due by 12/8/2022. Verified Summary due by 12/29/2022. Position Regarding Settlement due by 2/9/2022. Signed by Magistrate Judge Katherine P. Nelson on 11/17/2022. (meh) Related: [-]
		Att: 1 Rule 26(f) Meeting Form,
		Att: 2 Consent to Magistrate Judge Form
		minutes Scheduling Conference Thu 11/17 11:01 AM Minute Entry for proceedings held before Magistrate Judge Katherine P. Nelson: Scheduling Conference held on 11/17/2022. DCR Digital Audio Recording. (tgw) Related: [-]
Tuesday, November 08, 2022
16		16 2 pgs order Order ~Util - Set Hearings Tue 11/08 1:36 PM Order re:15 Report of Rule 26(f) Planning Meeting filed by William Byrd, Patrick McKean, Joshua Evans. Scheduling Conference set for 11/17/2022 at 10:30 AM before Magistrate Judge Katherine P. Nelson BY TELEPHONE. See order for call-in information. Signed by Magistrate Judge Katherine P. Nelson on 11/8/2022. (meh) Related: [-]
		utility Document Referred Tue 11/08 11:27 AM REFERRAL OF15 Report of Rule 26(f) Planning Meeting to Judge Nelson. (meh) Related: [-]
Monday, November 07, 2022
15		15 misc Report of Rule 26f Planning Meeting Mon 11/07 3:07 PM REPORT of Rule 26(f) Planning Meeting . (Loper, Thomas) Related: [-]
Tuesday, October 25, 2022
14		14 order Order on Motion for Extension of Time to File Document Tue 10/25 2:14 PM ENDORSED ORDER granting12 Motion for Extension of Time to File Rule 26(f) Report. Parties shall meet and file Rule 26(f) report NLT November 7, 2022. Signed by Magistrate Judge Katherine P. Nelson on 10/25/2022.(pdo) Related: [-]
13		13 notice Notice of Appearance Tue 10/25 9:19 AM NOTICE of Appearance by H. William Wasden on behalf of City Of Mobile (Wasden, H.) Related: [-]
12		12 motion Extension of Time to File Document Tue 10/25 8:57 AM MOTION for Extension of Time to File Rule 26(f) Report filed by City Of Mobile. (Willis, Kathryn) Related: [-]
		utility Motions Referred Tue 10/25 10:55 AM MOTIONS REFERRED:12 MOTION for Extension of Time to File Rule 26(f) Report Referred to Judge Katherine P. Nelson. (meh) Related: [-]
Friday, September 09, 2022
11		11 order Preliminary Scheduling Order Fri 09/09 4:40 PM PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 10/24/2022. Signed by Magistrate Judge Katherine P. Nelson on 9/9/2022. (meh) Related: [-]
		Att: 1 Consent Form
10		10 answer Answer to Complaint Fri 09/09 4:14 PM ANSWER to1 Complaint by City Of Mobile. (Willis, Kathryn) Related: [-]
Monday, August 29, 2022
9		9 order Order on Motion for Extension of Time to Answer Mon 08/29 10:03 AM ENDORSED ORDER granting8 Unopposed Motion for Extension of Time to Answer; Answer due from Defendant City of Mobile on or before 9/9/2022. Signed by District Judge Kristi K. DuBose on 8/29/22. (gcp) Related: [-]
Thursday, August 25, 2022
8		8 motion Extension of Time to File Answer Thu 08/25 8:53 AM MOTION for Extension of Time to File Answer re1 Complaint filed by City Of Mobile. (Willis, Kathryn) Related: [-]
		utility Motions Referred Thu 08/25 1:04 PM MOTIONS REFERRED:8 MOTION for Extension of Time to File Answer re1 Complaint to Judge DuBose. (meh) Related: [-]
Wednesday, August 24, 2022
7		7 service Summons Returned Executed Wed 08/24 10:53 AM SUMMONS Returned Executed by Patrick McKean. City Of Mobile served on 8/15/2022, answer due 9/5/2022 (Loper, Thomas) Modified on 8/24/2022 (meh) Related: [-]
Friday, August 12, 2022
		utility Case Assigned/Reassigned Fri 08/12 10:16 AM Case Reassigned to District Judge Kristi K. DuBose. Magistrate Judge Katherine P. Nelson no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-N after the case number on all future pleadings. (tgw) Related: [-]
Thursday, July 28, 2022
5		5 notice Notice of Assignment to Magistrate Judge Thu 07/28 11:59 AM Notice of Assignment to Magistrate Judge for trial. (tgw) Related: [-]
		Att: 1 Request for Reassignment Form
4		4 order Service Order Thu 07/28 11:54 AM Service Notice entered 7/28/2022. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 9/6/2022. (tgw) Related: [-]
3		3 service Summons Issued Thu 07/28 11:49 AM Summons Issued as to City Of Mobile. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (tgw) Related: [-]
Thursday, July 21, 2022
2		2 notice Notice of Filing Proposed Summons Thu 07/21 4:06 PM NOTICE of Filing Proposed Summons by All Plaintiffs (Loper, Thomas) Related: [-]
1		1 cmp Complaint Thu 07/21 3:54 PM COMPLAINT against CITY OF MOBILE, a municipal corporation ( Filing fee $402 receipt number AALSDC-3043949, Online Credit Card Payment), filed by All Plaintiffs. (Loper, Thomas) Related: [-]
		Att: 1 Civil Cover Sheet

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