Barzar et al v. A&L Industrial Services, Inc
| Aaron Rayshun Barzar, All Plaintiffs, Gerald Antoine Batiste, Kevin Lepaul Beck, Efrim Alber Clark, Alfred Leon Dean, Reginald L Fentroy, Michelle Garcia, Jose Luis Garza, Omar Hernandez Garza, Anthony Jerome Johnson, Leonel Balderas Martinez, Juan Carlos Ojeda, Elida Padilla-Mendoza, Jose Luis Rosas, Aldo Sanchez and Ricardo Perez |
| A&L Industrial Services, Inc |
| Melvin Javier Elvir, Oscar Fernando Godinez, Gregory Wayne Hudson, Keidrick Rodon Mitchell, Alfredo Moncada, Sergio Antonio Delfin, Jesse Askew, Violeta Sentiol Ramirez, Victor Aguilar, Edwin Ricardo Arevalo, Ancelma Barrera-Escobar, Michael Dwaine Briscoe Jr, Jose L Canamar-Segura, Jesus Eduardo Cantu, Kevin J Carbajal, Crispin Gonzalez Castro, Julio Cesar Delagarza, Maria Alejandra Garcia, Scarlett Gonzalez, Homero Gracia, Orlando Gracia, Rubio Perez Gracia, Vicente Gracia, Reynaldo Gracia-Cantu, Vicente D Gracia-Zalazar, Gerren Danard Jackson, Herbert Johnson Jr, John Emanuel Jupiter, Luis Hernandez Lejia, Jose J Martinez-Leal, Alfredo Medina, Freddy Mireles, Ricardo Antonio Polanco-Feliz, Gerardo Gloria Pulgarin, Rene Maldonado Rios, Ignacio Garza Robles, Martha Salazar, Inocencio Salinas, Dillon Alexander Thomas, Willie Shermin Thomas, Reyna Zamora, Ruben Cruz, Cory Turell Drake, Nestor Alonso Martinez, Sergio Homero Salinas and Kendrick Arthur Williams |
| 1:2013cv00358 |
| June 4, 2013 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| Harris |
| Keith F Giblin |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 54
ORDER granting #53 Motion to Withdraw. Ordered that #50 Emergency Application for Turnover Order and #52 Notice of Correction are withdrawn and terminated without prejudice. Signed by Magistrate Judge Keith F. Giblin on 4/12/17. (tkd, )
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| Filing 53 First MOTION to Withdraw #50 Emergency MOTION re #40 Joint MOTION to Enter Judgment Application for Turnover Order and Appointment of Receiver, #52 Notice (Other), by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Frasher, Mark) |
| Filing 52 Notice of Correction by All Plaintiffs to #50 Emergency MOTION re #40 Joint MOTION to Enter Judgment Application for Turnover Order and Appointment of Receiver Notice Replacing Exh A and including Exh O (Attachments: #1 Exhibit A, #2 Exhibit O)(Werner, John) Modified on 4/10/2017 (mrp, ). |
| Filing 51 NOTICE by All Plaintiffs (Frasher, Mark) |
| Filing 50 Emergency MOTION re #40 Joint MOTION to Enter Judgment Application for Turnover Order and Appointment of Receiver by All Plaintiffs. (Attachments: #1 Exhibits A-Q, #2 Text of Proposed Order)(Frasher, Mark) |
| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Mediation Hearing Proceedings held on 9/21/15, before Judge Hawthorn. Court Reporter/Transcriber: Toni Hudson, Telephone number: 361/949-2988. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/10/2017. Redacted Transcript Deadline set for 4/20/2017. Release of Transcript Restriction set for 6/19/2017. (dlc, ) |
| Filing 48 PAPER TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on September 21, 2015 Mediation before Judge Hawthorn. (Frasher, Mark) (To be transcribed by Toni Hudson, Exceptional Reporting) Modified on 3/10/2017 (dlc, ). |
| Filing 47 Duplicate of Return of Service #46 filed on 3/3/17. Actual Writ of Execution is attached as the second page. (mrp, ) |
| Filing 46 Return of Service Executed as to Writ of Execution. Alan Swindoll advised he is the registered agent for A & L Industrial Svcs and that Joe Swindoll no longer owns the company. Alan Swindoll did not produce any monetary funds. (mrp, ) |
| Filing 45 WRIT of Execution issued and emailed to Reaud Morgan & Quinn, LLP with certified copies of Document Nos. 40 Joint Motion to Enter Judgment by All Plaintiffs and 43 Order of Dismissal (aam, ) |
| Filing 44 Abstract of Judgment issued and handed to filing party for service. (aam, ) |
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Filing 43
ORDER OF DISMISSAL. The Court approves the parties' Agreed Judgment #[40-1] as to the plaintiff's claims specifically at issue in this consolidated cause number and as listed in the agreed judgment. The Court further orders that pursuant to entry of that agreed judgment, all claims and causes of action asserted in this case are dismissed in their entirety with prejudice. This proceeding is closed. The Court retains jurisdiction to enforce the settlement. Signed by Magistrate Judge Keith F. Giblin on 12/7/15. (mrp, )
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Filing 42
ORDER OF REFERENCE assigning case to Judge Giblin by consent of the parties for all further proceedings and entry of judgment. Signed by Judge Marcia A. Crone on 12/3/15. (mrp, )
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| Filing 41 CONSENT to Proceed Before US Magistrate Judge by A&L Industrial Services, Inc, All Plaintiffs. Case reassigned to Magistrate Judge Keith F. Giblin. (mrp, ) |
| Filing 40 Joint MOTION to Enter Judgment by All Plaintiffs. (Attachments: #1 Agreed Final Judgment)(Frasher, Mark) |
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Filing 38
ORDER Directing Parties to File Closing Documents Pursuant to Settlement on or before 11/30/15. Signed by Magistrate Judge Keith F. Giblin on 9/24/15. (mrp, )
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| Filing 37 Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Mediation Conference held on 9/21/2015. Parties announced settlement. (Court Reporter DCR Op: Piper, T.) (ttp, ) |
| Filing 36 NOTICE of Designation of Attorney in Charge to Gregory Allen Stewart on behalf of A&L Industrial Services, Inc (Stewart, Gregory) |
| NOTICE of Deficiency regarding the #35 Attorney Designation submitted by A&L Industrial Services, Inc. Attorney not added as counsel for party. Designation was not filed by the attorney seeking to be added as counsel. Filing party notified to have Mr. Stewart refile the designation and add himself as counsel. (mrp, ) |
| Filing 35 NOTICE of Designation of Attorney in Charge to Scott G Hunziker on behalf of A&L Industrial Services, Inc (Hunziker, Scott) |
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Filing 34
ORDER. Mediation Conference is set for 9/21/2015 at 1:30 PM in Ctrm 4 (Beaumont) before Magistrate Judge Zack Hawthorn. The parties are directed to submit their position statement on or before 9/14/15. Signed by Magistrate Judge Zack Hawthorn on 8/28/15. (mrp, )
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| Mediation scheduled for 7/28/2015 at 1:30 PM before Judge Zack Hawthorn is terminated. Mediation to be reset at a later date. (ttp, ) |
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Filing 33
ORDER granting #32 Motion to Continue Mediation. Mediation in this matter should be completed on or before 9/25/15. The Court incorporates the guidelines set forth in the original order referring the case to mediation #27 in support of this order. Signed by Magistrate Judge Keith F. Giblin on 7/20/15. (mrp, )
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| Filing 32 Agreed MOTION to Continue Mediation by A&L Industrial Services, Inc. (Hunziker, Scott) |
| Filing 31 NOTICE. Mediation Conference is set for 7/28/2015 at 1:30 PM in Ctrm 4 (Beaumont) before Magistrate Judge Zack Hawthorn. Signed by Magistrate Judge Zack Hawthorn on 7/14/15. (mrp, ) |
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Filing 30
THIRD AMENDED SCHEDULING ORDER: Status Conference is reset for 11/6/2015 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone.) Motion terminated: #29 Agreed MOTION to Continue and Amend Scheduling Order. Signed by Magistrate Judge Keith F. Giblin on 7/14/15. (mrp, )
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| ***FILED IN ERROR. Document #28 , Motion to Continue was filed without a proposed order. Counsel refiled the entire motion #29 instead of submitting the proposed order to be added by the clerk's office. This motion has been terminated. PLEASE IGNORE.*** (mrp, ) |
| Filing 29 Agreed MOTION to Continue by A&L Industrial Services, Inc. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Hunziker, Scott) (Attachment 2 replaced on 7/9/2015) (mrp, ). |
| Filing 28 Agreed MOTION to Continue Trial Setting by A&L Industrial Services, Inc. (Attachments: #1 Affidavit)(Hunziker, Scott) |
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Filing 27
ORDER REFERRING CASE to Mediator Judge Zack Hawthorn. The parties are ordered to submit to a mediation conference with Magistrate Judge Hawthorn, on or before 7/28/15. The Court orders that this referral does not excuse the parties from compliance with the deadlines and settings in place in this case, including the dates set forth in the current scheduling order. Signed by Magistrate Judge Keith F. Giblin on 6/29/15. (mrp, )
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Filing 26
SECOND AMENDED SCHEDULING ORDER: Status Conference is set for 8/7/2015 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Discovery due by 4/1/2015. Motions due by 4/15/2015. Motion terminated: #24 Agreed MOTION to Continue Trial Setting filed by Aaron Rayshun Barzar. Signed by Magistrate Judge Keith F. Giblin on 8/12/14. (mrp, )
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Filing 25
ORDER denying as moot #22 Motion for Leave to File Third Amended Complaint and granting #23 Motion for Leave to File Third Amended Complaint. The plaintiffs' Third Amended Complaint is deemed filed as April 11, 2014.Signed by Magistrate Judge Keith F. Giblin on 8/12/14. (mrp, )
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| Filing 24 Agreed MOTION to Continue Trial Setting by Aaron Rayshun Barzar. (Attachments: #1 Text of Proposed Order)(Hunziker, Scott) |
| Filing 23 MOTION for Leave to File Plaintiffs' Third Amended Complaint by All Plaintiffs. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Plaintiffs' Third Amended Complaint)(Frasher, Mark) |
| Filing 22 MOTION for Leave to File Third Amended Complaint by All Plaintiffs. (Attachments: #1 Text of Proposed Order, #2 Third Amended Complaint)(Frasher, Mark) |
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Filing 21
ORDER. It is ordered that Ethan Dennis Carlyle and his firm are terminated as counsel of record for defendant. Mr. Hunziker and the Voss Firm remain lead attorney and counsel of record for A&L Industrial Services, respectively. Signed by Magistrate Judge Keith F. Giblin on 3/26/14. (mrp, )
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Filing 20
ORDER OF CONSOLIDATION. Civil actions 1:14cv39, 1:14cv51, and 1:14cv63 are consolidated for all purposes into Civil Action No. 1:13cv358. Civil Action No. 1:13cv358 is designated as the lead case and all pleadings by the parties shall be filed in the lead case. Civil Action Nos. 1:14cv39, 1:14cv51 and 1:14cv63 shall be closed, and any pending motions in those cases are denied as moot without prejudice to re-filing. Signed by Judge Marcia A. Crone on 3/12/14. (mrp, )
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ORDER REFERRING CASE to Magistrate Judge Keith F. Giblin. See Order #20 . Signed by Judge Marcia A. Crone on 3/12/14. (mrp, )
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Filing 19
FIRST AMENDED SCHEDULING ORDER: Status Conference is reset for 10/3/2014 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Amended Pleadings due by 6/13/2014. Discovery due by 8/27/2014. Motions due by 6/27/2014. Motion terminated: #18 Agreed MOTION to Continue filed by A&L Industrial Services, Inc. Signed by Judge Marcia A. Crone on 3/11/14. (mrp, )
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| Filing 18 Agreed MOTION to Continue by A&L Industrial Services, Inc. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Hunziker, Scott) |
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Filing 17
ORDER granting #16 Motion to Substitute Attorney Scott G Hunziker in place of William Jackson Wisdom. Signed by Judge Marcia A. Crone on 12/27/2013. (bjc)
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| Filing 16 Unopposed MOTION to Substitute Attorney by A&L Industrial Services, Inc. (Attachments: #1 Text of Proposed Order)(Wisdom, William) (Additional attachment(s) added on 12/18/2013: #2 Revised Proposed Order) (bjc, ). |
| Filing 15 NOTICE by All Plaintiffs of Filing Spreadsheet Identifying Each Plaintiff and His or Her Respective Employer (Attachments: #1 Spreadsheet)(Frasher, Mark) |
| Filing 14 NOTICE by A&L Industrial Services, Inc Expert Witness Designation (Attachments: #1 Exhibit A)(Carlyle, Ethan) |
| Filing 13 NOTICE of Attorney Appearance by Mark William Frasher on behalf of All Plaintiffs (Frasher, Mark) |
| Filing 12 ANSWER to #11 Amended Complaint (Second) by A&L Industrial Services, Inc.(Wisdom, William) |
| Filing 11 AMENDED COMPLAINT (Second) against All Defendants, filed by All Plaintiffs, Ricardo Perez.(Werner, John) |
| Filing 10 Expert Witness List by All Plaintiffs. (Werner, John) |
| Filing 9 ANSWER to #8 Amended Complaint by A&L Industrial Services, Inc.(Wisdom, William) |
| Filing 8 AMENDED COMPLAINT (First) against All Defendants, filed by All Plaintiffs.(Werner, John) |
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Filing 7
AGREED SCHEDULING ORDER: Status Conference is set for 4/4/2014 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Amended Pleadings due by 7/31/2013. Discovery due by 11/25/2013. Motions due by 12/27/2013. Signed by Judge Marcia A. Crone on 7/1/13. (mrp, )
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| Filing 6 Submission of Proposed Agreed Docket Control/Scheduling order by A&L Industrial Services, Inc, All Plaintiffs, Aaron Rayshun Barzar, Gerald Antoine Batiste, Kevin Lepaul Beck, Efrim Alber Clark, Alfred Leon Dean, Reginald L Fentroy, Michelle Garcia, Jose Luis Garza, Omar Hernandez Garza, Anthony Jerome Johnson, Leonel Balderas Martinez, Juan Carlos Ojeda, Elida Padilla-Mendoza, Jose Luis Rosas, Aldo Sanchez. (Werner, John) |
| Filing 5 NOTICE of Attorney Appearance by Ethan Dennis Carlyle on behalf of A&L Industrial Services, Inc (Carlyle, Ethan) |
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Filing 4
ORDER. The court directs the parties to confer and attempt in good faith to agree on deadlines for a proposed Scheduling Order. The agreed proposed Scheduling Order is due no later than 6/28/13. Signed by Judge Marcia A. Crone on 6/11/13. (mrp, )
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| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (aam, ) |
| Filing 3 ANSWER to #2 Complaint by A&L Industrial Services, Inc. [Original document filed in 1:12cv556] (aam, ) |
| Filing 2 COMPLAINT against A&L Industrial Services, Inc, filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Jury Demand, #3 Civil Cover Sheet)[Original documents filed in 1:12cv556](aam, ) |
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Filing 1
ORDER granting 82-90, 92-99, Motions to Sever. The Clerk of Court is ordered to sever the moving defendants and open new civil case files. The additional filing fee for the new cases will be waived in this instance. Signed by Judge Marcia A. Crone on 5-14-2013. [Original document filed in cause no. 1:12cv556](aam, )
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