Garcia v. Tom Thumb Food and Drug LP

Defendant: Tom Thumb Food and Drug LP
Plaintiff: Shaun Garcia
 
Case Number: 3:2013cv01248
Filed: March 25, 2013
 
Court: Texas Northern District Court
Office: Dallas Office
County: Dallas
Presiding Judge: Reed C O'Connor
 
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 28:1331 Federal Question: Other Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
May 22, 2014 27 Opinion or Order of the Court Memorandum Opinion and Order granting in part and denying in part 16 Motion for Summary Judgment: The Court grants Defendant Tom Thumb's 16 motion as to Plaintiff Garcia's FMLA, ADA, TCHRA, and defamation claims. The FMLA and defa mation claims are dismissed with prejudice, and the ADA and TCHRA claims are dismissed without prejudice for failure to exhaust administrative remedies. The Court denies Defendant Tom Thumb's 16 motion as to Plaintiff Garcia's negligence claim, which remains for trial. (Ordered by Judge Reed C O'Connor on 5/22/2014) (twd)
June 16, 2014 49 Opinion or Order of the Court AMENDED MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's 16 Motion for Summary Judgment. The Court grants Defendant Tom Thumb's motion as to Plaintiff Garcia's FMLA, ADA, TCHRA, and defamation claims. The FMLA and defamation claims are dismissed with prejudice, and the ADA and TCHRA claims are dismissed without prejudice for failure to exhaust administrative remedies. The Court denies Defendant Tom Thumb's motion as to Plaintiff Garcia's negligence claim, which remains set for trial the Court's four-week docket commencing 7/6/2014. (Ordered by Judge Reed C O'Connor on 6/16/2014) (tln)
June 30, 2014 62 Opinion or Order of the Court Second Amended Memorandum Opinion and Order: The Court grants Defendant Tom Thumb's motion as to Plaintiff Garcia's FMLA, and defamation claims, which are hereby dismissed with prejudice. The Court grants Defendant Tom Thumb's mot ion as to Plaintiff Garcia's discrimination and retaliation claims under the ADA and TCHRA, which are hereby dismissed with prejudice. The Court denies Defendant Tom Thumb's motion as to Plaintiff Garcias failure to accommodate claim under the ADA and TCHRA and common law negligence claim. These remaining claims are set for trial on July 7, 2014. Finally, this Second Amended Memorandum Opinion and Order supersedes the Court's June 16, 2014 decision (see ECF No. 49), which is hereby vacated. (Ordered by Judge Reed C O'Connor on 6/30/2014) (jrr)

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Defendant: Tom Thumb Food and Drug LP
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Plaintiff: Shaun Garcia
Represented By: Jeffrey D Smith
Represented By: Nellie G Hooper
Represented By: Barbara T Hale
Represented By: Xavier A Gonzalez
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