Caplan v. Fluor Enterprises, Inc.
Plaintiff: Daniel Caplan
Defendant: Fluor Enterprises, Inc.
Case Number: 4:2017cv02083
Filed: July 7, 2017
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Anderson
Presiding Judge: Sim Lake
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 12101 American Disabilities Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2019 Opinion or Order Filing 54 ORDER OF DISMISSAL on Notice of Settlement. This action is dismissed without prejudice. Case terminated on 8/28/2019. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
August 28, 2019 Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. SETTLEMENT CONFERENCE held on 8/28/2019. Case settled. Appearances: Nitin Sud, Dennis Paul Duffy.(ERO:Yes), filed.(sjones, 4)
June 6, 2019 Filing 53 NOTICE of Resetting as to #48 Notice of Setting. Parties notified. Settlement Conference reset for 8/28/2019 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
June 6, 2019 Opinion or Order Filing 52 ORDER granting #49 Motion for Continuance.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
June 6, 2019 Filing 51 PROPOSED ORDER re: #49 Unopposed MOTION for Continuance of Settlement Conference, filed.(Sud, Nitin)
June 6, 2019 Filing 50 Unopposed MOTION to Expedite Ruling on Motion for Continuance of Settlement Conference by Daniel Caplan, filed. Motion Docket Date 6/27/2019. (Sud, Nitin)
June 6, 2019 Filing 49 Unopposed MOTION for Continuance of Settlement Conference by Daniel Caplan, filed. Motion Docket Date 6/27/2019. (Sud, Nitin)
May 10, 2019 Filing 48 NOTICE of Setting. Parties notified. Settlement Conference set for 6/17/2019 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
May 9, 2019 Opinion or Order Filing 47 ORDER - This action is referred to Magistrate Judge Nancy K. Johnson for the purposed of holding a settlement conference (Re: #46 Status Report) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
May 8, 2019 Filing 46 STATUS REPORT by Fluor Enterprises, Inc., filed.(Vasut, Cody)
April 17, 2019 Filing 45 NOTICE of Cancellation of Settlement Conference re: #44 Notice of Setting, filed. (sjones, 4)
April 9, 2019 Filing 44 NOTICE of Setting. Parties notified. Settlement Conference set for 4/30/2019 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
April 8, 2019 Opinion or Order Filing 43 MEMORANDUM OPINION AND ORDER granting in part and denying in part #38 MOTION to Strike #34 Response to Motion, Objections to Plaintiff's Summary Judgment Evidence and Motion to Strike, denying #31 MOTION for Summary Judgment , denying #28 MOTION for Partial Summary Judgment Regarding Two Affirmative Defenses. (Name of Mediator or Request for Referral to Magistrate for Settlement Conference due by 5/8/2019.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
January 11, 2019 Filing 42 REPLY in Support of #28 MOTION for Partial Summary Judgment Regarding Two Affirmative Defenses, filed by Daniel Caplan. (Attachments: #1 Exhibit)(Sud, Nitin)
November 21, 2018 Filing 41 RESPONSE to #40 Surreply to Motion , filed by Fluor Enterprises, Inc.. (Attachments: #1 Appendix Unpublished and Unreported Cases, #2 Appendix 1, #3 Appendix 2, #4 Appendix 3, #5 Appendix 4, #6 Appendix 5, #7 Appendix 6, #8 Appendix 7, #9 Appendix 8)(Duffy, Dennis)
November 19, 2018 Filing 40 SURREPLY to #31 MOTION for Summary Judgment , filed by Daniel Caplan. (Sud, Nitin)
November 16, 2018 Filing 39 RESPONSE in Opposition to #38 MOTION to Strike #34 Response to Motion,,, Objections to Plaintiff's Summary Judgment Evidence and Motion to Strike, filed by Daniel Caplan. (Attachments: #1 Proposed Order)(Sud, Nitin)
November 14, 2018 Filing 38 MOTION to Strike #34 Response to Motion,,, Objections to Plaintiff's Summary Judgment Evidence and Motion to Strike by Fluor Enterprises, Inc., filed. Motion Docket Date 12/5/2018. (Attachments: #1 Appendix Unpublished and Unreported Cases, #2 Appendix 1, #3 Appendix 2, #4 Appendix 3, #5 Appendix 4, #6 Appendix 5, #7 Appendix 6, #8 Appendix 7, #9 Appendix 8, #10 Proposed Order)(Duffy, Dennis)
November 14, 2018 Filing 37 REPLY in Support of #31 MOTION for Summary Judgment , filed by Fluor Enterprises, Inc.. (Attachments: #1 Appendix Unpublished and Unreported Cases, #2 Appendix 1, #3 Appendix 2, #4 Appendix 3, #5 Appendix 4, #6 Appendix 5, #7 Appendix 6, #8 Appendix 7, #9 Appendix 8, #10 Appendix 9, #11 Appendix 10, #12 Appendix 11)(Duffy, Dennis)
November 9, 2018 Filing 36 Sealed Event, filed. (With attachments)
November 9, 2018 Filing 35 RESPONSE in Opposition to #28 MOTION for Partial Summary Judgment Regarding Two Affirmative Defenses, filed by Fluor Enterprises, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Errata G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Errata N, #15 Exhibit O, #16 Errata P, #17 Exhibit Q (1 of 3), #18 Errata Q (2 of 3), #19 Exhibit Q (3 of 3), #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit Appendix A, #26 Appendix Unpublished and Unreported Cases, #27 Appendix 1, #28 Appendix 2, #29 Appendix 3, #30 Appendix 4, #31 Appendix 5, #32 Appendix 6, #33 Appendix 7, #34 Appendix 8, #35 Appendix 9, #36 Appendix 10, #37 Appendix 11, #38 Appendix 12, #39 Appendix 13, #40 Proposed Order)(Duffy, Dennis)
November 9, 2018 Filing 34 RESPONSE to #31 MOTION for Summary Judgment filed by Daniel Caplan. (Attachments: #1 Exhibit Declaration of Daniel Caplan, #2 Exhibit Daniel Caplans deposition excerpts, #3 Exhibit Ken Taylors deposition excerpts, #4 Exhibit Melanie Lindstroms deposition excerpts, #5 Exhibit Megan de Vegas deposition excerpts, #6 Exhibit Caplans EEOC charge of discrimination, #7 Exhibit Fluors response/position statement to the EEOC, #8 Exhibit Caplans release to return to work without restrictions, #9 Exhibit Caplans July 28, 2016 email to Taylor, #10 Exhibit Taylors July 29, 2016 email to Caplan, #11 Exhibit Fluors Interrogatory Answers, #12 Exhibit Emails showing Taylors knowledge of Caplans disability and FMLA leave, #13 Exhibit Declaration of Kenny Persad, #14 Proposed Order)(Sud, Nitin)
October 22, 2018 Opinion or Order Filing 33 ORDER granting #32 Unopposed MOTION for Leave to File Under Seal Exhibits C, F-P, R, V-Z, AA-1 to AA-32 to FEI's Motion for Summary Judgment [Dkt. 31] (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
October 19, 2018 Filing 32 Unopposed MOTION for Leave to File Exhibits C, F-P, R, V-Z, AA-1 to AA-32 to FEI's Motion for Summary Judgment [Dkt. 31], Unopposed MOTION to Seal Aforementioned Exhibits( Motion Docket Date 11/9/2018.) by Fluor Enterprises, Inc., filed. (Attachments: #1 Appendix, #2 Proposed Order)(Vasut, Cody)
October 19, 2018 Filing 31 MOTION for Summary Judgment by Fluor Enterprises, Inc., filed. Motion Docket Date 11/9/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA - Declaration, #28 Appendix Unpublished and Unreported Cases, #29 Appendix 1, #30 Appendix 2, #31 Appendix 3, #32 Appendix 4, #33 Appendix 5, #34 Appendix 6, #35 Appendix 7, #36 Appendix 8, #37 Appendix 9, #38 Appendix 10, #39 Appendix 11, #40 Appendix 12, #41 Appendix 13, #42 Appendix 14, #43 Appendix 15, #44 Appendix 16, #45 Proposed Order)(Duffy, Dennis)
October 15, 2018 Opinion or Order Filing 30 ORDER granting #29 Agreed MOTION for Extension of Time for Parties' Responses to Dispositive Motions (Responses due by 11/9/2018.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
October 12, 2018 Filing 29 Agreed MOTION for Extension of Time for Parties' Responses to Dispositive Motions by Fluor Enterprises, Inc., filed. Motion Docket Date 11/2/2018. (Attachments: #1 Proposed Order)(Duffy, Dennis)
September 27, 2018 Filing 28 MOTION for Partial Summary Judgment Regarding Two Affirmative Defenses by Daniel Caplan, filed. Motion Docket Date 10/18/2018. (Attachments: #1 Exhibit Defendant's Supplemental Interrogatory Answers, #2 Proposed Order)(Sud, Nitin)
August 17, 2018 Opinion or Order Filing 27 ORDER granting #26 Joint MOTION for Continuance of Deadlines and Docket Call (Responses to Interrogatory 4 and Requests for Production Nos. 12 and 19 due by 8/31/2018. Discovery due by 9/21/2018. Non-Dispositive Motion Filing due by 10/19/2018.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
August 17, 2018 Filing 26 Joint MOTION for Continuance of Deadlines and Docket Call by Fluor Enterprises, Inc., filed. Motion Docket Date 9/7/2018. (Attachments: #1 Proposed Order)(Duffy, Dennis)
August 8, 2018 Opinion or Order Filing 25 ORDER granting #21 MOTION to Compel Discovery Responses (Production due by 8/17/2018.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
August 6, 2018 Filing 24 REPLY in Support of #21 MOTION to Compel Discovery Responses, filed by Daniel Caplan. (Sud, Nitin)
August 6, 2018 Filing 23 RESPONSE in Opposition to #21 MOTION to Compel Discovery Responses, filed by Fluor Enterprises, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Appendix Appendix of Unpublished and Unreported Cases, #7 Appendix 1, #8 Appendix 2, #9 Appendix 3, #10 Appendix 4, #11 Appendix 5, #12 Appendix 6, #13 Appendix 7, #14 Appendix 8)(Duffy, Dennis)
August 2, 2018 Opinion or Order Filing 22 ORDER on #21 Expedited Motion to Compel Discovery. (Responses due by 8/6/2018. Replies due by 8/8/2018.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
July 30, 2018 Filing 21 MOTION to Compel Discovery Responses by Daniel Caplan, filed. Motion Docket Date 8/20/2018. (Attachments: #1 Exhibit Fluor's EEOC position statement, #2 Exhibit Ken Taylor's deposition, #3 Exhibit Caplan's July 28, 2016 email, #4 Exhibit Kenny Persad declaration, #5 Exhibit Fluor's interrogatory objections and answers, #6 Exhibit Fluor's objections and responses to RFPs, #7 Exhibit Fluor's supplemental discovery responses, #8 Exhibit Communications re discovery dispute, #9 Proposed Order)(Sud, Nitin)
July 11, 2018 Filing 20 Alternative Dispute Resolution STATUS REPORT by Fluor Enterprises, Inc.. Have parties agreed to mediate? No, filed.(Duffy, Dennis)
June 7, 2018 Opinion or Order Filing 19 AGREED ORDER on #18 Notice (Response to Requests for Production due by 7/9/2018. Discovery due by 9/21/2018. Joint Pretrial Order due by 10/5/2018. Non-Dispositive Motion Filing due by 9/7/2018. Docket Call set for 10/12/2018 at 03:00 PM in Courtroom 9B before Judge Sim Lake.) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
June 7, 2018 Filing 18 NOTICE of Agreement on Continuance re: #17 Supplement, #16 Opposed MOTION for Continuance of Discovery and Docket Call by Daniel Caplan, filed. (Attachments: #1 Exhibit, #2 Proposed Order)(Sud, Nitin)
June 1, 2018 Filing 17 SUPPLEMENT to #16 Opposed MOTION for Continuance of Discovery and Docket Call by Daniel Caplan, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Sud, Nitin)
May 21, 2018 Filing 16 Opposed MOTION for Continuance of Discovery and Docket Call by Daniel Caplan, filed. Motion Docket Date 6/11/2018. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Sud, Nitin)
March 2, 2018 Filing 15 DESIGNATION OF EXPERT WITNESS LIST by Fluor Enterprises, Inc., filed.(Duffy, Dennis)
February 2, 2018 Filing 14 DESIGNATION OF EXPERT WITNESS LIST by Daniel Caplan, filed.(Sud, Nitin)
November 1, 2017 Filing 13 NOTICE of attorney substitution by Fluor Enterprises, Inc.. Attorney Cody T. Vasut added. Attorney Adam C Gutmann terminated, filed. (Vasut, Cody)
October 20, 2017 Opinion or Order Filing 12 DOCKET CONTROL ORDER. Amended Pleadings due by 1/12/2018. Joinder of Parties due by 1/12/2018. Pltf Expert Report due by 2/2/2018. Deft Expert Report due by 3/2/2018. Discovery due by 6/22/2018. Non-Dispositive Motion Filing due by 6/29/2018. Joint Pretrial Order due by 8/3/2018. Docket Call set for 8/10/2018 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
October 20, 2017 Opinion or Order Filing 11 MINUTE ENTRY ORDER: Initial Pretrial and Scheduling Conference held. Appearances: Nitin Sud, Adam C Gutmann. Ct Reporter: F. Warner. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
October 4, 2017 Opinion or Order Filing 10 AGREED PROTECTIVE ORDER (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
October 3, 2017 Filing 9 Agreed PROPOSED ORDER Protective Order, filed.(Duffy, Dennis)
October 3, 2017 Filing 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fluor Enterprises, Inc., filed.(Duffy, Dennis)
September 12, 2017 Filing 7 NOTICE of attorney substitution by Fluor Enterprises, Inc.. Attorney Adam C. Gutmann added. Attorney Ashlee Cassman Grant terminated, filed. (Gutmann, Adam)
August 18, 2017 Filing 6 CERTIFICATE OF INTERESTED PARTIES by Fluor Enterprises, Inc., filed.(Grant, Ashlee)
August 17, 2017 Filing 5 ANSWER to #1 Complaint by Fluor Enterprises, Inc., filed.(Duffy, Dennis)
July 31, 2017 Filing 4 RETURN of Service of SUMMONS Executed as to Fluor Enterprises, Inc. served on 7/27/2017, answer due 8/17/2017, filed.(Sud, Nitin)
July 19, 2017 Summons Issued as to Fluor Enterprises, Inc.. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4)
July 18, 2017 Filing 3 Request for Issuance of Summons as to Fluor Enterprises, Inc., filed.(Sud, Nitin)
July 11, 2017 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/20/2017 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (wbostic, 4)
July 7, 2017 Filing 1 COMPLAINT against Fluor Enterprises, Inc. (Filing fee $ 400 receipt number 0541-18613172) filed by Daniel Caplan. (Attachments: #1 Civil Cover Sheet)(Sud, Nitin)

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Defendant: Fluor Enterprises, Inc.
Represented By: Cody Thane Vasut
Represented By: Ashlee Cassman Grant
Represented By: Dennis Paul Duffy
Represented By: Adam C Gutmann
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Plaintiff: Daniel Caplan
Represented By: Nitin Sud
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