This case was last updated from U.S. District Courts on 05/25/2023 at 10:55:36 (UTC).

Harris et al v. B&L Delivery LLC et al

Case Summary

On January 28, 2020, Tyler Harris and Pablo Mata (collectively, “Plaintiffs”), on behalf of themselves and all others similarly situated, represented by Matthew T. Lockaby and Tamara J. Patterson of Lockaby PLLC, filed a labor lawsuit against B&L Delivery LLC and Bob Maynard (collectively, “Defendants”), seeking injunctive relief and compensatory damages for alleged failure to pay wages in violation of the Fair Labor Standards Act (“FLSA”) and the Kentucky Wages and Hours act. This case was filed in the U.S. District Court for the Eastern District of Kentucky, with Judges Karen K. Caldwell presiding.

In the complaint, the plaintiffs alleged, “Harris, Mata, and the putative collective and class were forced or otherwise required to work “off the clock” during work weeks without receiving compensation for all time they spent working. For instance, pursuant to a common plan and practice, Defendants manipulated Harris, Mata, the collective, and the class’ time cards to reflect meal breaks that were not or could not be taken, depriving them of wages for time spent working. Defendants also failed to compensate Harris, Mata, the collective, and the class for all overtime hours worked in excess of 40 hours in any work week.”

Plaintiffs also alleged, “During his employment, Harris spent time working for which he was not paid, including time spent in the morning before he was clocked in for his shift, time spent in the evening after he had clocked out for his shift, and time spent working during the workday when Defendants had clocked him out for a break he did not or could not take.”

The plaintiffs then alleged, “As a result of and including such time during each work week, Harris worked in excess of 40 hours but was not paid overtime wages for all such time.”

The plaintiffs also alleged, “During his employment, Mata spent time working for which he was not paid, including time spent working during the workday when Defendants had clocked him out for a break he did not or could not take.”

Additionally, the plaintiffs alleged, “During their employment, members of the collective, both current and former employees of Defendants paid on an hourly basis, spent time working for which they were not paid, including time spent in the morning before they were clocked in for their shift, time spent in the evening after they had clocked out for their shift, and/or time spent working during the workday when Defendants had clocked them out for a break they did not or could not take.”

The plaintiffs then alleged, “By failing to pay Harris, Mata, and the collective appropriate wages for all time spent working, including overtimes wages, Defendants have willfully, knowingly, intentionally, or recklessly violated the FLSA.”

Plaintiffs presented three claims for relief, including alleged violation of the FLSA; 29 U.S.C. § 207; and the Kentucky Wages and Hours Act, KRS § 337.285.

In the prayer for relief, the plaintiffs requested a judgment for injunctive relief. The plaintiffs also requested an award for compensatory and liquidated damages, with pre- and post-judgment interest, reasonable attorneys’ fees, and costs of suit.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:20-CV-00029

  • Filing Date:

    01/28/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Labor Standard

Judge Details

Presiding Judge

Karen K. Caldwell

 

Party Details

Plaintiffs

Pablo Mata

Tyler Harris

Defendants

Bob Maynard

B&L Delivery LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Matthew T. Lockaby

Tamara Patterson

Defendant Attorneys

John M. Williams

Melanie J. Kilpatrick

 

Court Documents

#39

(#39) OPINION & ORDER:The Court hereby ORDERS that dft's Motion to Lift Stay and Modify Agreed Order #34 is DENIED. Signed by Judge Karen K. Caldwell on 05/23/2023.(KCF)cc: COR (Entered: 05/23/2023)

#38

(#38) JOINT STATUS REPORT by B&L Delivery LLC, Bob Maynard. (Williams, John) (Entered: 04/04/2023)

#37

(#37) JOINT STATUS REPORT by Tyler Harris, Pablo Mata. (Lockaby, Matthew) (Entered: 02/10/2023)

#36

(#36) REPLY to Response to Motion re #34 MOTION for Order by B&L Delivery LLC, Bob Maynard filed by B&L Delivery LLC, Bob Maynard. (Williams, John) (Entered: 11/02/2022)

35 #6

Exhibit Defendants' Response to Plaintiffs' Certification Motion

34 #3

Exhibit 2 Employment Handbook Acknowledgement Forms

34 #2

Exhibit 1 Agreed Order

34 #1

Memorandum in Support of Motion to Lift Stay and Amend Order

#34

***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #34 MOTION for Order by B&L Delivery LLC, Bob Maynard (SAM) (Entered: 10/17/2022)

4 #2

Exhibit Proof of Service - Bob Maynard

4 #1

Exhibit Proof of Service - B&L Delivery LLC

#4

3 #1

Summons Bob Maynard

#3

1 #3

Summons Bob Maynard

1 #2

Summons B&L DeliveryLLC

1 #1

Civil Cover Sheet

#1

49 More Documents Available
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Docket Entries

  • 05/23/2023
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  • Docket(#39) OPINION & ORDER:The Court hereby ORDERS that dft's Motion to Lift Stay and Modify Agreed Order #34 is DENIED. Signed by Judge Karen K. Caldwell on 05/23/2023.(KCF)cc: COR (Entered: 05/23/2023)

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  • 04/04/2023
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  • Docket***FILE SUBMITTED TO CHAMBERS of Judge Karen Caldwell for review: #38 Status Report (KCF) (Entered: 04/05/2023)

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  • 04/04/2023
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  • Docket(#38) JOINT STATUS REPORT by B&L Delivery LLC, Bob Maynard. (Williams, John) (Entered: 04/04/2023)

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  • 02/13/2023
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  • Docket***FILE SUBMITTED TO CHAMBERS of Judge Karen Caldwell for review: #37 Joint Status Report (KCF) (Entered: 02/13/2023)

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  • 02/10/2023
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  • Docket(#37) JOINT STATUS REPORT by Tyler Harris, Pablo Mata. (Lockaby, Matthew) (Entered: 02/10/2023)

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  • 11/03/2022
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  • Docket***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #36 Reply to Response to Motion (SAM) (Entered: 11/03/2022)

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  • 11/02/2022
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  • Docket(#36) REPLY to Response to Motion re #34 MOTION for Order by B&L Delivery LLC, Bob Maynard filed by B&L Delivery LLC, Bob Maynard. (Williams, John) (Entered: 11/02/2022)

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  • 10/20/2022
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  • Docket***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #35 Response to Motion (KM) (Entered: 10/20/2022)

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  • 10/19/2022
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  • Docket(#35) RESPONSE to Motion re #34 MOTION for Order by B&L Delivery LLC, Bob Maynard filed by Tyler Harris, Pablo Mata. (Attachments: #1 Exhibit Maynard Deposition, #2 Exhibit White Deposition, #3 Exhibit Mata Timecards, #4 Exhibit Bell Responses, #5 Exhibit Robinson Responses, #6 Exhibit Defendants' Response to Plaintiffs' Certification Motion, #7 Proposed Order Proposed Order Denying Defendants' Motion to Lift Stay)(Lockaby, Matthew) (Entered: 10/19/2022)

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  • 10/17/2022
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  • Docket***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #34 MOTION for Order by B&L Delivery LLC, Bob Maynard (SAM) (Entered: 10/17/2022)

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45 More Docket Entries
  • 03/26/2020
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  • Docket(#10) NOTICE OF FILING by B&L Delivery LLC, Bob Maynard re #9 MOTION to Compel Arbitration and Dismiss Complaint by B&L Delivery LLC, Bob Maynard (Attachments: #1 Exhibit Exhibit 1 to Memorandum in Support of Motion to Compel Arbitration, #2 Exhibit Exhibit 2 to Memorandum in Support of Motion to Compel Arbitration)(Williams, John) (Entered: 03/26/2020)

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  • 03/26/2020
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  • Docket(#9) MOTION to Compel Arbitration and Dismiss Complaint by B&L Delivery LLC, Bob Maynard (Attachments: #1 Memorandum in Support of Motion to Compel Arbitration, #2 Proposed Order Granting Motion)(Williams, John) (Additional attachment(s) added on 3/27/2020: #3 Exhibit Employee Acknowledgement Harris, #4 Exhibit Employee Acknowledgement Mata) (JJ). (Entered: 03/26/2020)

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  • 03/26/2020
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  • Docket(#8) ANSWER to #1 Complaint by B&L Delivery LLC, Bob Maynard.(Williams, John) (Entered: 03/26/2020)

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  • 03/17/2020
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  • Docket(#7) ORDER: It is ORDERED that Defendants shall have up to and including 3/26/2020 within which to file its responsive pleading in this case. Signed by Judge Karen K. Caldwell on 3/17/2020.(JJ)cc: COR (Entered: 03/17/2020)

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  • 03/17/2020
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  • Docket(#6) FRCP 7.1 DISCLOSURE STATEMENT by B&L Delivery LLC. (Williams, John) (Entered: 03/17/2020)

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  • 03/17/2020
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  • Docket(#5) CONSENT MOTION for Extension of Time to File Answer re #1 Complaint by B&L Delivery LLC, Bob Maynard (Attachments: #1 Proposed Order Granting Motion)(Williams, John) (Entered: 03/17/2020)

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  • 02/21/2020
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  • Docket(#4) NOTICE OF SERVICE OF PROCESS by Tyler Harris, Pablo Mata . Answer due 3/6/2020. (Attachments: #1 Exhibit Proof of Service - B&L Delivery LLC, #2 Exhibit Proof of Service - Bob Maynard)(Lockaby, Matthew) Modified text on 2/21/2020 (JJ). Modified on 2/21/2020 (JJ). (Entered: 02/21/2020)

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  • 01/28/2020
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  • Docket(#3) Summons Issued as to B&L Delivery LLC, Bob Maynard; Summons issued and returned to counsel electronically (Attachments: #1 Summons Bob Maynard)(JJ) (Entered: 01/28/2020)

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  • 01/28/2020

  • DocketConflict Check run. (JJ) (Entered: 01/28/2020)

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  • 01/28/2020
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  • Docket(#1) COMPLAINT ( Filing fee $400; receipt number 0643-4579236), filed by Pablo Mata, Tyler Harris. (Attachments: #1 Civil Cover Sheet, #2 Summons B&L DeliveryLLC, #3 Summons Bob Maynard)(JJ) (Entered: 01/28/2020)

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