Moore v. Auto Assure, LLC
| Missouri Eastern District Court | |
| Judge: | Matthew T Schelp |
| Case #: | 4:23-cv-00769 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:1331 Fed. Question: Fair Labor Standards |
| Case Filed: | Jun 13, 2023 |
| Terminated: | May 29, 2024 |
| Last checked: Sunday Dec 10, 2023 3:50 AM CST |
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Defendant
Auto Assure, LLC
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Represented By
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Plaintiff
Austin Moore
1247 Watts Street
University City, MO 63130 |
Represented By
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GPO
Dec 28 2023
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendant's Motion to Dismiss is GRANTED in part and DENIED in part. (ECF No. 11). The Motion is GRANTED to the extent that Plaintiff's claims under the Fair Labor Standards Act and the Missouri Minimum Wage Law that accrued more than three years prior to June 13, 2023 are time-barred. In all other respects, the Motion is DENIED. Signed by District Judge Ronnie L. White on 12/28/2023. (KCD) |
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GPO
May 29 2024
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties' Joint Motion for Approval of FLSA Settlement, Doc. 35, is GRANTED, and the parties' settlement is APPROVED. IT IS FURTHER ORDERED that the parties' Joint Motion for Leave to File Under Seal, Doc. 36, is GRANTED, and the filing shall remain under seal indefinitely. An Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Matthew T. Schelp on 5/29/2024. (TMT) |
| Docket last updated: 3 hours ago |
| Wednesday, May 29, 2024 | ||
| 40 | 40
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pgs
order
Order of Dismissal (case ) or (Stipulation of Dismissal of case)
Wed 05/29 3:07 PM
ORDER OF DISMISSAL: IT IS HEREBY ORDERED that this action is DISMISSED with prejudice. Signed by District Judge Matthew T. Schelp on 5/29/2024. (TMT) |
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misc
Sealed Document (no service occurs via CM/ECF)
Wed 05/29 3:01 PM
SEALED DOCUMENT re 36 by Defendant Auto Assure, LLC, Plaintiff Austin Moore . (TMT) |
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| 38 | 38
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pgs
order
Memorandum & Order
Wed 05/29 2:59 PM
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties' Joint Motion for Approval of FLSA Settlement, Doc.35 , is GRANTED, and the parties' settlement is APPROVED. IT IS FURTHER ORDERED that the parties' Joint Motion for Leave to File Under Seal, Doc.36 , is GRANTED, and the filing shall remain under seal indefinitely. An Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Matthew T. Schelp on 5/29/2024. (TMT) |
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| Wednesday, May 22, 2024 | ||
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respm
Sealed Memo in Support of Motion for Leave to File Under Seal
Wed 05/22 12:13 PM
SEALED MEMORANDUM in Support of 36 Joint MOTION for Leave to File Under Seal Unredacted Settlement Agreement filed by Defendant Auto Assure, LLC. Redacted Copy due by 5/28/2024.(Merkle, Zachary) |
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Att: 1
Exhibit A - Unredacted Settlement Agreement
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| 36 | 36
motion
Leave to File Under Seal
Wed 05/22 12:09 PM
Joint MOTION for Leave to File Under Seal Unredacted Settlement Agreement by Defendant Auto Assure, LLC. (Merkle, Zachary) |
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| 35 | 35
motion
Settlement
Wed 05/22 12:07 PM
Joint MOTION for Settlement approval by Defendant Auto Assure, LLC.(Merkle, Zachary) |
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Att: 1
10 pgs
Exhibit A - Redacted Settlement Agreement,
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Att: 2
Exhibit B - Proposed Order
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| Tuesday, May 14, 2024 | ||
| 34 | 34
adr
ADR Compliance Report
Tue 05/14 11:24 AM
ADR COMPLIANCE REPORT Neutral: Frankel, Leonard J.. Date of Conference: 05/13/2024. The parties participated in good faith. The parties achieved a settlement.(KCD) |
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| Tuesday, April 23, 2024 | ||
| 33 | 33
adr
Notice of Appointment of Neutral
Tue 04/23 10:33 AM
NOTICE of Appointment of Neutral. Neutral name: Frankel, Leonard J. Neutral selected by Parties. (cc: Neutral) (BRP) |
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| Monday, April 22, 2024 | ||
| 32 | 32
adr
Designation of Neutral and ADR Conference Report
Mon 04/22 12:16 PM
Designation of Neutral by parties and ADR Conference Report by Defendant Auto Assure, LLC Neutral: Frankel, Leonard J. Date of Conference: May 13, 2024 time: 9:30 a.m.: Location: Mediator's offic |
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| Monday, March 25, 2024 | ||
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pgs
order
Order Referring Case to ADR
Mon 03/25 3:12 PM
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Sheila Renee Stuart. ADR Completion Deadline due by 5/15/2024. ADR Compliance Report Deadline due by 5/29/2024. Designation of Neutral/Conference Report due by 4/22/2024. Signed by District Judge Matthew T. Schelp on March 25, 2024. (BRP) |
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| Monday, February 19, 2024 | ||
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answer
Answer to Amended Complaint
Mon 02/19 11:40 AM
ANSWER to29 Amended Complaint by Auto Assure, LLC.(Merkle, Zachary) |
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| Monday, February 05, 2024 | ||
| 29 | 29
cmp
Amended Complaint
Mon 02/05 2:04 PM
FIRST AMENDED COMPLAINT against defendant Auto Assure, LLC Amendment to1 Complaint filed by Austin Moore. Related document:1 Complaint, filed by Austin Moore.(TMT) |
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| 28 | 28
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pgs
order
Order (will rule a motion and set/satisfy a schedule)
Mon 02/05 2:00 PM
ORDER: IT IS HEREBY ORDERED that the unopposed Motion for Leave to File First Amended Complaint, Doc.24 , is GRANTED. See E.D. Mo. L.R. 4.01(B). Defendant shall have the prescribed time to file any required response. Signed by District Judge Matthew T. Schelp on 2/5/2024. (TMT) |
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| Friday, January 26, 2024 | ||
| 27 | 27
misc
Supplemental (NON-MOTION EVENT)
Fri 01/26 10:42 AM
SUPPLEMENTAL re24 MOTION for Leave to Amend by Plaintiff Austin Moore. (Stuart, Sheila) |
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| Monday, January 22, 2024 | ||
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order
Clerk's Reassignment Order (NON-CJRA)
Mon 01/22 2:18 PM
REASSIGNMENT ORDER (NMG). IT IS HEREBY ORDERED that the following cases shall be transferred to District Judge Matthew T. Schelp. All deadlines previously set remain in effect unless otherwise ordered by the Court (see order for case details). (KXS) |
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notice
Electronic Notice of Filing Deficiency (Teams & Cape)
Mon 01/22 10:41 AM
NOTICE of Filing Deficiency re24 MOTION for Leave to Amend filed by Plaintiff Austin Moore. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: A proposed amendment to a pleading or amended pleading itself must be submitted at the time a motion for leave to amend any pleading is filed. All new material in the amended pleading must be underlined and all material being removed must be struck through. Counsel is directed to file a Supplement with the marked proposed amendment attached. (TMT) |
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| Friday, January 19, 2024 | ||
| 24 | 24
motion
Leave to
Fri 01/19 5:33 PM
MOTION for Leave to Amend by Plaintiff Austin Moore.(Stuart, Sheila) |
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Att: 1
Attachment First Amended Complaint
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| Thursday, January 11, 2024 | ||
| 23 | 23
answer
Answer to Complaint
Thu 01/11 1:54 PM
Defendant's ANSWER to1 Complaint, by Auto Assure, LLC.(Merkle, Zachary) |
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| Thursday, December 28, 2023 | ||
| 22 | 22
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pgs
order
Memorandum & Order
Thu 12/28 4:07 PM
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendant's Motion to Dismiss is GRANTED in part and DENIED in part. (ECF No.11 ). The Motion is GRANTED to the extent that Plaintiff's claims under the Fair Labor Standards Act and the Missouri Minimum Wage Law that accrued more than three years prior to June 13, 2023 are time-barred. In all other respects, the Motion is DENIED. Signed by District Judge Ronnie L. White on 12/28/2023. (KCD) |
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| Monday, December 04, 2023 | ||
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order
Case Management Order
Mon 12/04 11:30 AM
CASE MANAGEMENT ORDER: This case is assigned to Track: 2 (Standard) [SEE ORDER FOR COMPLETE DETAILS] (Motion to Join Parties due by 1/19/2024. Discovery Completion due by 7/2/2024. Non-Dispositive Motions due by 7/13/2024. ADR Future Reference 4/1/2024. Dispositive Motions due by 8/2/2024. Jury Trial set for 12/9/2024 09:00 AM in Courtroom 10S - St. Louis before District Judge Ronnie L. White. Pretrial Compliance due by 11/19/2024. Motion in Limine due by 11/19/2024.) Signed by District Judge Ronnie L. White on 12/4/2023. (TMT) |
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| Friday, December 01, 2023 | ||
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order
A Docket Text Order
Fri 12/01 11:07 AM
Docket Text ORDER: IT IS HEREBY ORDERED that the Rule 16 Conference, previously set for December 7, 2023, at 1:30 p.m., is CANCELLED. The Court will issue a case management order based upon the parties' Joint Proposed Scheduling Plan. Signed by District Judge Ronnie L. White on December 1, 2023. (LTR) |
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| Tuesday, November 28, 2023 | ||
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misc
Joint Scheduling Plan
Tue 11/28 10:26 AM
JOINT SCHEDULING PLAN by Defendant Auto Assure, LLC. Joint Proposed Scheduling Plan . |
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| Friday, November 17, 2023 | ||
| 18 | 18
order
Rule 16 Order
Fri 11/17 7:41 AM
RULE 16 ORDER: This case is assigned to Track: Preliminary Track 2 (Standard) [SEE ORDER FOR COMPLETE DETAILS] (Joint Scheduling Plan due by 11/30/2023. Rule 16 Conference set for 12/7/2023 01:30 PM in Telephone Conference in Chambers before District Judge Ronnie L. White.) Signed by District Judge Ronnie L. White on 11/17/2023. (TMT) |
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| Wednesday, September 06, 2023 | ||
| 17 | 17
respm
Reply to Response to Motion
Wed 09/06 10:26 AM
REPLY to Response to Motion re11 MOTION to Dismiss Case filed by Defendant Auto Assure, LLC. (Merkle, Zachary) |
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| Monday, August 28, 2023 | ||
| 16 | 16
respm
Response in Opposition to Motion
Mon 08/28 10:02 AM
RESPONSE in Opposition re11 MOTION to Dismiss Case filed by Plaintiff Austin Moore. (Stuart, Sheila) |
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| Wednesday, August 16, 2023 | ||
| 15 | 15
order
CJRA Order
Wed 08/16 2:39 PM
CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to District Judge Ronnie L. White for all further proceedings. (HMA) |
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| 14 | 14
misc
Disclosure Statement (Disclosure of Organizational Interests)
Wed 08/16 12:29 PM
DISCLOSURE STATEMENT by Auto Assure, LLC. No corporate parents or affiliates identified. (Merkle, Zachary) |
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| Tuesday, August 15, 2023 | ||
| 13 | 13
misc
Entry of Appearance
Tue 08/15 2:17 PM
ENTRY of Appearance by Steven N. Malitz for Defendant Auto Assure, LLC. (Malitz, Steven) |
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misc
Letter Magistrate Consent Non-Compliance
Tue 08/15 1:39 PM
SECOND Notice from Clerk instructing Plaintiff Austin Moore to submit Notice regarding Magistrate Judge Jurisdiction. Click[LINK:here] for the instructions. Notice re: Magistrate Judge Jurisdiction due by 8/21/2023. (EAB) |
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| Monday, August 14, 2023 | ||
| 12 | 12
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pgs
respm
Memorandum in Support of Motion
Mon 08/14 3:15 PM
MEMORANDUM in Support of Motion re11 MOTION to Dismiss Case Rule 12(b)(6) filed by Defendant Auto Assure, LLC. (Merkle, Zachary) |
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| 11 | 11
motion
Dismiss Case
Mon 08/14 3:13 PM
MOTION to Dismiss Case by Defendant Auto Assure, LLC. (Merkle, Zachary) |
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| 10 | 10
misc
Entry of Appearance
Mon 08/14 3:12 PM
ENTRY of Appearance by Zachary Stephen Merkle for Defendant Auto Assure, LLC. (Merkle, Zachary) |
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| 9 | 9
misc
Entry of Appearance
Mon 08/14 3:11 PM
ENTRY of Appearance by Alexander Lee Reich for Defendant Auto Assure, LLC. |
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| 8 | 8
misc
Entry of Appearance
Mon 08/14 3:10 PM
ENTRY of Appearance by Narcisa Przulj for Defendant Auto Assure, LLC. (Przulj, Narcisa) |
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| 7 | 7
misc
Entry of Appearance
Mon 08/14 2:26 PM
ENTRY of Appearance by Edmond Jason Tremblay for Defendant Auto Assure, LLC. (Tremblay, Edmond) |
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| Thursday, August 03, 2023 | ||
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misc
Letter Magistrate Consent Non-Compliance
Thu 08/03 10:49 AM
Notice from Clerk instructing Plaintiff Austin Moore to submit Notice regarding Magistrate Judge Jurisdiction. Click[LINK:here] for the instructions. Notice re: Magistrate Judge Jurisdiction due by 8/8/2023. (HMA) |
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| Sunday, June 25, 2023 | ||
| 6 | 6
service
Waiver of Service Executed
Sun 06/25 10:40 PM
WAIVER OF SERVICE Returned Executed filed by Austin Moore Austin Moore waiver signed on 6/16/2023, answer due 8/15/2023. (Stuart, Sheila) |
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| Thursday, June 15, 2023 | ||
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misc
Case Opening Notification
Thu 06/15 9:29 AM
Case Opening Notification. Judge Assigned: Honorable Shirley P. Mensah. 1 Waiver(s) of Service issued. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click[LINK:here] for the instructions. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible.[LINK:(moed-0001.pdf)] . (JBH) |
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misc
Case Assignment Local Rule 2.08
Thu 06/15 6:26 PM
Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) |
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| Wednesday, June 14, 2023 | ||
| 4 | 4
misc
Response to Court
Wed 06/14 10:17 PM
RESPONSE TO COURT ORDER re1 Complaint, by Plaintiff Austin Moore.(Stuart, Sheila) |
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Att: 1
Original Filing Form Filing Form
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| 3 | 3
service
Waiver of Service Issued
Wed 06/14 10:04 PM
WAIVER of Service issued defendantAuto Assure, LLC. sent to Auto Assure dba Endurance Car Warranty LLC on 06/15/2023 filed by Austin Moore. Waiver of Service due by 8/15/2023. (Stuart, Sheila) |
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notice
Electronic Notice of Filing Deficiency (CSCI)
Wed 06/14 9:45 AM
NOTICE of Filing Deficiency. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Original Filing Form not filed, Summons or Waiver not filed, and a Notice of Process Server not filed. This deficiency must be filed in the case record immediately. (JBH) |
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| Tuesday, June 13, 2023 | ||
| 1 | 1
cmp
Complaint
Tue 06/13 9:49 PM
COMPLAINT Austin Moore against defendant All Parties with receipt number AMOEDC-9997928, in the amount of $402 Jury Demand,, filed by Austin Moore.(Stuart, Sheila) |
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Att: 1
Supplement Austin Moore's Declaration,
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Att: 2
Civil Cover Sheet Civil Cover Sheet Austin Moore
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