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Smith v. Wells Fargo Bank, National Association

Docket 1:24-cv-01821, Georgia Northern District Court (Apr. 26, 2024)
Judge Leigh Martin May, presiding, Magistrate Judge Justin S. Anand
Family and Medical Leave Act
DivisionAtlanta
Flags4months
Cause29:2601 Family and Medical Leave Act
Case Type751 Family and Medical Leave Act
Tags751 Family and Medical Leave Act, Family, Family Law, 751 Family and Medical Leave Act, Family, Family Law
DeadlineThe discovery period, including discovery from third parties, is extended for four months and ends on April 23, 2025.
Plaintiff Malcolm Smith
Defendant Wells Fargo Bank, National Association
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No. 16 SCHEDULING ORDER, Case Instructions, and Notice of Consequences of Failure to Seek Review of ...

Document Smith v. Wells Fargo Bank, National Association, 1:24-cv-01821, No. 16 (N.D.Ga. Aug. 28, 2024)
Scheduling Order
Upon review of the Joint Preliminary Report and Discovery Plan [15] (“JPR”) filed by the parties, the Court approves the deadlines therein, and ORDERS that the time limits for adding parties, amending pleadings, filing motions, completing discovery, filing a proposed pretrial order, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court except as herein modified.
The parties are advised that, if a discovery dispute arises between the parties that is unable to be resolved through a live (in-person or at least telephonic) conference between counsel, counsel and pro se litigants are required to contact the chambers of the undersigned by telephone jointly, with their adversary on the line, before filing a motion.
The parties are advised that they are required to follow the case instructions or Standing Order of the District Judge, if the District Judge has specific instructions posted on the Court’s website, except as to discovery disputes being presented to the undersigned, as to which the parties should follow the procedures stated in this Order.
The Court extends the deadline for filing a proposed consolidated pretrial order until forty (40) days after the close of the discovery period, or, in the event that any party files a motion for summary judgment, until thirty (30) days after the district court’s final ruling on all pending motions for summary judgment, whichever is later.
A party that fails to object to a U.S. Magistrate Judge’s order or findings or recommendations contained in an R&R may waive the right to challenge such on appeal, except for plain error.
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No. 10 ORDER granting 8 Motion for Extension of Time to Answer

Document Smith v. Wells Fargo Bank, National Association, 1:24-cv-01821, No. 10 (N.D.Ga. Jul. 3, 2024)
Motion to Extend TimeGranted
The above-captioned action is before the Court on Defendant's Unopposed Motion to Extend Time to Answer or Otherwise Respond to Plaintiff’s Amended Complaint [8] ("Motion").
Defendant seeks an extension to respond to Plaintiff's Amended Complaint, and indicates that Plaintiff consents to the request.
For good cause shown, the Motion [8] is GRANTED as unopposed.
Defendant shall have until July 25, 2024 to answer or otherwise respond to Plaintiff’s Amended Complaint.
IT IS SO ORDERED this 3rd day of July, 2024.
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No. 7 ORDER: The amended complaint in this action alleges violations of the Family and Medical Leave ...

Document Smith v. Wells Fargo Bank, National Association, 1:24-cv-01821, No. 7 (N.D.Ga. Jun. 28, 2024)
MALCOLM SMITH, individually and on behalf of all others similarly situated, Plaintiff,
The amended complaint in this action alleges violations of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601, et seq.
The Clerk is DIRECTED to change the cause of action code on the docket sheet to “29:2601 Family and Medical Leave Act” and the nature of the suit code to “751 Labor: Family and Medical Leave Act.” Additionally, the Order entered at Docket No. [3] is VACATED, and the Clerk is DIRECTED to refer this case to a U.S. Magistrate Judge consistent with Standing Order No. 18-01, § I, ¶ 6.
IT IS SO ORDERED, this 28th day of June, 2024.
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No. 4 NOTICE REGARDING FLSA CASES Signed by Judge Leigh Martin May on 4/29/2024

Document Smith v. Wells Fargo Bank, National Association, 1:24-cv-01821, No. 4 (N.D.Ga. Apr. 29, 2024)
“First, under section 216(c), the Secretary of Labor is authorized to supervise payment to employees of unpaid wages owed to them.” Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982).
It only means that the district court must take an active role in approving the settlement agreement to ensure that it is not the result of the employer using its superior bargaining position to take advantage of the employee”).
P. 68 are also subject to judicial review under Lynn’s Food and will be scrutinized carefully for fairness prior to entry of judgment by the court.
The parties should also be mindful that the Court does not typically approve settlement agreements with general releases, see Moreno v. Regions Bank, 729 F. Supp.
Fla. 2010) (explaining why general releases are disfavored in FLSA settlement agreements), or confidentiality provisions, see Dees v. Hydradry, Inc., 706 F. Supp.
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No. 3 ---VACATED PER ORDER 7 --- STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh ...

Document Smith v. Wells Fargo Bank, National Association, 1:24-cv-01821, No. 3 (N.D.Ga. Apr. 29, 2024)
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No. 13 ANSWER to 6 Amended Complaint Defendant's Answer and Affirmative and Other Defenses to Plaintiff's ...

Document Smith v. Wells Fargo Bank, National Association, 1:24-cv-01821, No. 13 (N.D.Ga. Jul. 25, 2024)
Answer
To the extent an answer is required, Defendant admits that Plaintiff was paid on an hourly basis and classified as nonexempt by Defendant at all times.
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No. 8 MOTION for Extension of Time to File Answer re 6 Amended Complaint with Brief In Support by ...

Document Smith v. Wells Fargo Bank, National Association, 1:24-cv-01821, No. 8 (N.D.Ga. Jul. 2, 2024)
Motion to Extend Time to Answer
Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, and with the consent of Plaintiff Malcolm Smith (“Plaintiff”), Defendant Wells Fargo Bank, National Association (“Defendant”) hereby files this Unopposed Motion to Extend Time to Answer or Otherwise Respond to Plaintiff’s Amended Complaint and Demand for Jury Trial (“Amended Complaint”).
Defendant respectfully moves the Court, with Plaintiff’s consent, to extend the time by which it must answer or otherwise respond to Plaintiff’s Amended Complaint, through and including July 25, 2024.
On April 26, 2024, Plaintiff filed his Complaint alleging, on a putative nationwide class and collective action basis, that Defendant’s pay practices violated the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.
Plaintiff filed an Amended Complaint on June 27, 2024 removing the FLSA collective action allegations and adding an individual claim under the Family Medical Leave Act (“FMLA”).
Defendant makes this request in good faith, without any intent to delay this action, and no party shall be prejudiced by the granting of this Motion.
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