Barrick et al v. Edge OFS Holdings, LLC et al
| Texas Western District Court | |
| Judge: | David Counts |
| Referred: | David B Fannin |
| Case #: | 4:24-cv-00003 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jan 19, 2024 |
| Last checked: Friday Jul 19, 2024 4:00 AM CDT |
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Defendant
Edge OFS Holdings, LLC
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Represented By
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Defendant
Gladiator Energy, LLC
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Represented By
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Plaintiff
Michael Barrick
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Represented By
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Plaintiff
Scott Williams
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Represented By
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GPO
Jan 29 2025
Report and Recommendations of the U.S. Magistrate Judge. The Court RECOMMENDS that Defendants Motion to Dismiss Plaintiffs individual and collective action claims under the FLSA be GRANTED. (Doc. 9). The Court also RECOMMENDS that Plaintiffs be given LEAVE TO AMEND their entire complaint. (Doc. 10). Plaintiffs must file a second amended complaint NO LATER THAN 30 DAYS AFTER THE COURT ADOPTS THIS REPORT AND RECOMMENDATION. Signed by Judge David B. Fannin. (ab1) |
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GPO
Feb 13 2025
ORDER, The Court ORDERS that the Report and Recommendation of the United States Magistrate Judge ADOPTED. Defendants motion to dismiss is GRANTED. Plaintiffs' claims are DISMISSED WITHOUT PREJUDICE. The Court ORDERS Plaintiffs to file their amended complaint, if they choose to do so, within thirty days of entry of this order. Signed by Judge David Counts. (ab1) |
| Docket last updated: 5 hours ago |
| Wednesday, April 23, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 04/23 9:27 AM
Text Order GRANTING22 Plaintiffs' Second Motion for Extension of Time to File Response to Defendants' Motion to Dismiss. It is ORDERED Plaintiffs' Second Unopposed Motion to Extend Deadline to Respond to Defendants 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint (ECF No. 22) is GRANTED. Plaintiffs shall have until May 5, 2025, to file their response to Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint. It is so ORDERED. Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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| Tuesday, April 22, 2025 | ||
| 22 | 22
motion
Extension of Time to File Response/Reply
Tue 04/22 11:34 AM
Unopposed MOTION for Extension of Time to File Response/Reply by Michael Barrick, Scott Williams.. Motions referred to Judge David B. Fannin. (Qualls, Colby) |
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Att: 1
Proposed Order Granting Second Motion to Extend Deadline to Respond to Defendant's 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint
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| Thursday, April 10, 2025 | ||
| 21 | 21
motion
Extension of Time to File Response/Reply
Thu 04/10 1:08 PM
Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint by Michael Barrick, Scott Williams.. Motions referred to Judge David B. Fannin. (Qualls, Colby) |
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Att: 1
Proposed Order Granting Motion to Extend Deadline to Respond to Defendant's 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 04/10 4:11 PM
Text Order GRANTING21 Plaintiffs' Unopposed Motion for Extension of Time to File Response. It is ORDERED that Plaintiffs' Unopposed Motion to File Response to Defendants' Motion to Dismiss is GRANTED. Plaintiffs shall have until April 28, 2025, to file their response to Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint. Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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| Monday, March 31, 2025 | ||
| 20 | 20
motion
Dismiss
Mon 03/31 4:04 PM
MOTION to Dismiss ** DEFENDANTS RULE 12(b)(6) MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT ** by Edge OFS Holdings, LLC, Gladiator Energy, LLC.. Motions referred to Judge David B. Fannin. (LeFave, Nicole) |
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| Monday, March 17, 2025 | ||
| 19 | 19
cmp
Amended Complaint
Mon 03/17 5:50 PM
AMENDED COMPLAINT (Second) against Edge OFS Holdings, LLC, Gladiator Energy, LLC amending, filed by Michael Barrick, Scott Williams.(Qualls, Colby) |
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Att: 1
Exhibit A - Paystub of Plaintiff Williams,
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Att: 2
Exhibit B - Gladiator Energy Public Information Report,
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Att: 3
Exhibit C - Plaintiff Barrick's Time Entries
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| Thursday, February 13, 2025 | ||
| 18 | 18
2
pgs
order
Order Adopting/Rejecting Report and Recommendations
Thu 02/13 3:35 PM
ORDER, The Court ORDERS that the Report and Recommendation of the United States Magistrate Judge ADOPTED. Defendants motion to dismiss is GRANTED. Plaintiffs' claims are DISMISSED WITHOUT PREJUDICE. The Court ORDERS Plaintiffs to file their amended complaint, if they choose to do so, within thirty days of entry of this order. Signed by Judge David Counts. (ab1) |
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| Wednesday, January 29, 2025 | ||
| 17 | 17
misc
Report and Recommendations
Wed 01/29 1:37 PM
Report and Recommendations of the U.S. Magistrate Judge. The Court RECOMMENDS that Defendants Motion to Dismiss Plaintiffs individual and collective action claims under the FLSA be GRANTED. (Doc. 9). The Court also RECOMMENDS that Plaintiffs be given LEAVE TO AMEND their entire complaint. (Doc. 10). Plaintiffs must file a second amended complaint NO LATER THAN 30 DAYS AFTER THE COURT ADOPTS THIS REPORT AND RECOMMENDATION. Signed by Judge David B. Fannin. (ab1) |
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| Monday, December 30, 2024 | ||
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order
Order on Motion for Miscellaneous Relief
Mon 12/30 9:16 AM
Text Order GRANTING16 Plaintiffs' Unopposed Motion to Extend Deadlines. It is ORDERED Plaintiffs' Unopposed Motion to Extend Deadlines is GRANTED. The date to file all motions to amend or supplement pleadings or join additional parties is extended to January 14, 2025. It is so ORDERED. Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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| Friday, December 27, 2024 | ||
| 16 | 16
motion
Miscellaneous Relief
Fri 12/27 2:32 PM
Unopposed MOTION to Extend Deadline for Motions to Amend Pleadings by Michael Barrick, Scott Williams.. Motions referred to Judge David B. Fannin. (Qualls, Colby) |
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Att: 1
Proposed Order
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| Monday, November 25, 2024 | ||
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order
Order on Motion to Withdraw as Attorney
Mon 11/25 9:48 AM
Text Order GRANTING15 Katherine Serrano's Motion to Withdraw as Counsel of Record for Plaintiffs. It is ORDERED that Katherine Serrano's Motion to Withdraw as Counsel of Record for Plaintiffs is GRANTED. The Clerk of the Court is directed to terminate Ms. Serrano from receiving future pleadings in this case. It is so ORDERED. Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) |
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| Friday, November 22, 2024 | ||
| 15 | 15
motion
Withdraw As Attorney
Fri 11/22 1:08 PM
MOTION to Withdraw as Attorney by Michael Barrick, Scott Williams.. Motions referred to Judge David B. Fannin. (Serrano, Katherine) |
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Att: 1
Proposed Order
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| Thursday, November 21, 2024 | ||
| 14 | 14
notice
Notice of Attorney Appearance
Thu 11/21 2:01 PM
NOTICE of Attorney Appearance by Colby Levi Qualls on behalf of Michael Barrick, Scott Williams. Attorney Colby Levi Qualls added to party Michael Barrick (pty:pla), Attorney Colby Levi Qualls added to party Scott Williams(pty:pla) (Qualls, Colby) |
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| Monday, July 01, 2024 | ||
| 13 | 13
order
Scheduling Order
Tue 07/02 11:45 AM
SCHEDULING ORDER: The Final Pretrial Conference set for 4/20/2026 03:00 PM in Pecos before Judge David Counts, Jury Selection And Jury Trial set for 5/18/2026 08:00 AM in Pecos before Judge David Counts, All motions to amend pleadings due by 12/30/2024, All Discovery due by 9/30/2025, All dispositive Motions due by 12/1/2025. Signed by Judge David Counts. (ab1) |
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| Friday, June 28, 2024 | ||
| 12 | 12
misc
Rule 26(f) Discovery Report/Case Management Plan
Fri 06/28 1:41 PM
Rule 26(f) Discovery Report/Case Management Plan ** PARTIES RULE 26(f) JOINT REPORT ** by Edge OFS Holdings, LLC, Gladiator Energy, LLC.(LeFave, Nicole) |
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Att: 1
Proposed Order Joint Proposed Scheduling Order
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| Tuesday, June 18, 2024 | ||
| 11 | 11
respm
Reply to Response to Motion
Tue 06/18 11:19 AM
REPLY to Response to Motion, filed by Edge OFS Holdings, LLC, Gladiator Energy, LLC, "Defendants Reply In Support Of Their Rule 12(b)(6) Motion To Dismiss First Amended Complaint" (LeFave, Nicole) |
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| Tuesday, June 11, 2024 | ||
| 10 | 10
respm
Response in Opposition to Motion
Tue 06/11 1:32 PM
Response in Opposition to Motion, filed by Michael Barrick, Scott Williams,(Serrano, Katherine) |
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Att: 1
Exhibit A
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| Tuesday, May 28, 2024 | ||
| 9 | 9
motion
Dismiss
Tue 05/28 4:28 PM
MOTION to Dismiss ** DEFENDANTS RULE 12(b)(6) MOTION TO DISMISS FIRST AMENDED COMPLAINT ** by Edge OFS Holdings, LLC, Gladiator Energy, LLC.. Motions referred to Judge David B. Fannin. (LeFave, Nicole) |
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| Wednesday, May 15, 2024 | ||
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order
Order on Motion to Dismiss
Wed 05/15 10:18 AM
Text Order MOOTING5 Defendant's Motion to Dismiss due to Plaintiff's Amended Complaint. It is so ORDERED. Entered by Judge David B. Fannin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ABlc) |
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| Tuesday, May 14, 2024 | ||
| 8 | 8
notice
Notice
Tue 05/14 12:22 PM
NOTICE OF MOOTNESS by Michael Barrick, Scott Williams (Serrano, Katherine) |
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| 7 | 7
cmp
Amended Complaint
Tue 05/14 12:17 PM
AMENDED COMPLAINT against All Defendants amending, filed by Michael Barrick, Scott Williams.(Serrano, Katherine) |
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| Tuesday, April 30, 2024 | ||
| 6 | 6
misc
Disclosure Statement (Rule 7)
Tue 04/30 2:52 PM
RULE 7 DISCLOSURE STATEMENT filed by Edge OFS Holdings, LLC, Gladiator Energy, LLC. (LeFave, Nicole) |
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| 5 | 5
motion
Dismiss
Tue 04/30 2:49 PM
MOTION to Dismiss by Edge OFS Holdings, LLC, Gladiator Energy, LLC.. Motions referred to Judge David B. Fannin. (LeFave, Nicole) |
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| Thursday, April 18, 2024 | ||
| 4 | 4
service
Summons Returned Executed
Thu 04/18 11:49 AM
SUMMONS Returned Executed by Michael Barrick, Scott Williams. All Defendants. (Serrano, Katherine) |
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| Friday, January 19, 2024 | ||
| 3 | 3
service
Summons Issued
Fri 01/19 2:41 PM
Summons Issued as to Edge OFS Holdings, LLC, Gladiator Energy, LLC. (ab1) |
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| 2 | 2
service
Request for Issuance of Summons
Fri 01/19 11:47 AM
REQUEST FOR ISSUANCE OF SUMMONS by Michael Barrick, Scott Williams. (Serrano, Katherine) |
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| 1 | 1
cmp
Complaint
Fri 01/19 11:39 AM
COMPLAINT against all Defendants ( Filing fee $ 405 receipt number ATXWDC-18321705), filed by Michael Barrick, Scott Williams.(Serrano, Katherine) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A - Consent Form,
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Att: 3
Exhibit B - Consent Form
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utility
Case Assigned/Reassigned
Fri 01/19 2:31 PM
Case assigned to Judge David Counts. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (ab1) |
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utility
Case Referred to Magistrate Judge
Fri 01/19 2:31 PM
CASE REFERRED to Magistrate Judge David B. Fannin. (ab1) |
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