Stanley v. CAR-BER Testing Texas, LLC
Plaintiff: Keith Wayne Enloe, Shane Tamez, Charles Ray Black, All Plaintiffs, Joshua Garrin Stanley and James Newman
Defendant: CAR-BER Testing Texas, LLC
Consolidated Plaintiff: George Robert Campbell, Tavis Pillsbury, Alan Howell, Anthony Layne Smart, Allen Dean Howell, Daniel T Ball, Ronald Leverett Smith and Joseph M Chapman
Case Number: 1:2013cv00374
Filed: June 4, 2013
Court: US District Court for the Eastern District of Texas
Office: Beaumont Office
County: Harris
Presiding Judge: Marcia A Crone
Referring Judge: Keith F Giblin
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 3, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2016 Opinion or Order Filing 116 ORDER OF DISMISSAL. In accordance with the parties' Stipulation of Dismissal #115 , filed 5/3/16, this action is dismissed in its entirety, with prejudice. Each party shall bear its own costs of court and attorney's fees. This is a Final Judgment. Signed by Judge Marcia A. Crone on 5/3/16. (mrp, )
May 3, 2016 Filing 115 STIPULATION of Dismissal with Prejudice by CAR-BER Testing Texas, LLC. (Cleary, James)
May 3, 2016 NOTICE of Cancelation of Status Conference scheduled for 5/4/2016 at 2:00 p.m. (psl, )
April 6, 2016 NOTICE of Hearing: Status Conference rescheduled for 5/4/2016 02:00 PM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. (psl, )
January 8, 2016 Opinion or Order Filing 114 ORDER REINSTATING TRIAL SETTING. Status Conference is set for 5/6/2016 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Signed by Magistrate Judge Keith F. Giblin on 1/8/16. (mrp, )
January 7, 2016 Filing 113 Minute Entry for proceedings held before Magistrate Judge Keith F. Giblin: Settlement Conference held on 1/7/2016. (Court Reporter FTR.) (fal, )
December 7, 2015 Opinion or Order Filing 112 ORDER SETTING SETTLEMENT CONFERENCE. Settlement Conference is set for 1/7/2016 at 10:30 AM in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. The parties may appear for the conference telephonically, but to do so they must contact the undersigned's law clerk on or before 5:00 p.m. on January 5, 2016, with contact information for reaching counsel at the date and time of the settlement conference. Signed by Magistrate Judge Keith F. Giblin on 12/7/15. (mrp, )
October 29, 2015 Opinion or Order Filing 111 ORDER granting #110 Motion for Extension of Time to File Closing Papers. The parties are ordered to submit final closing documents on or before 11/30/15, which gives them another 30 days from the date of this order. Signed by Magistrate Judge Keith F. Giblin on 10/29/15. (mrp, )
September 25, 2015 Filing 110 Opposed MOTION for Extension of Time to File Closing Papers by All Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Frasher, Mark)
September 11, 2015 Opinion or Order Filing 109 ORDER Appointing Representative for Plaintiff Allen Dean Howell, Sr. The Court orders that plaintiff Allen Howell, Jr., is appointed as plaintiff Allen Dean Howell, Sr.'s representative in this matter and is granted authority to handle his father's claims for purposes of the settlement process and final disposition of Howell, Sr.'s claims. Signed by Magistrate Judge Keith F. Giblin on 9/11/15. (mrp, )
July 31, 2015 Filing 108 PAPER TRANSCRIPT REQUEST by CAR-BER Testing Texas, LLC for proceedings held on 07/20/2015 Mediator's Report regarding Settlement before Judge Zack Hawthorn. (Cleary, James)
July 27, 2015 Opinion or Order Filing 107 ORDER DIRECTING PARTIES TO FILE CLOSING DOCUMENTS PURSUANT TO SETTLEMENT. The Court orders that any pending motions are terminated as moot at this time, without prejudice to reassert at a later date should final settlement not be obtained. The Final Status Conference set for 7/31/15 is CANCELLED, without prejudice to reinstate. It is ordered that the parties shall submit to the court all papers necessary for the closing of this case and its removal from the active docket on or before 9/28/15. Signed by Magistrate Judge Keith F. Giblin on 7/27/15. (mrp, )
July 22, 2015 Filing 106 REPORT of Mediator Judge Zack Hawthorn. Mediation result: settled(bjc, )
July 21, 2015 Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Mediation Conference held on 7/21/2015. SEALED settlement conference. Mark Frasher, pla atty; James Cleary, dft atty. (DCR Op: Piper, T.) (ttp, )
July 17, 2015 Filing 105 Defendant's Supplemental Report Regarding the Appointment of a Guardian Ad Litem for Plaintiff Allen Deal Howell, Sr. (Cleary, James) Modified on 7/17/2015 (mrp, ).
July 16, 2015 Opinion or Order Filing 104 ORDER to Conduct Rule 26(f) Conference with a proposed Scheduling Order. Signed by Judge Marcia A. Crone on 7/15/15. (mrp, )
July 16, 2015 ***FILED IN ERROR. Document # 104, Order to Conduct Rule 26(f) Conference was docketed in the incorrect case. PLEASE IGNORE.*** (mrp, )
July 15, 2015 Filing 103 NOTICE by All Plaintiffs re #92 Order on Motion for Summary Judgment, Order on Motion to Dismiss,, Appointment of Guardian Ad Litem for Allen Dean Howell, Sr. (Frasher, Mark)
July 15, 2015 Filing 102 NOTICE by CAR-BER Testing Texas, LLC Defendant's Report Regarding the Appointment of a Guardian Ad Litem for Plaintiff Allen Dean Howell, Sr. (Cleary, James)
July 10, 2015 Filing 101 Additional Attachments to Main Document: #90 Proposed Pretrial Order.. (Frasher, Mark)
July 8, 2015 Filing 100 NOTICE by All Plaintiffs re #90 Proposed Pretrial Order Plaintiffs' Responses to Defendant's Motion in Limine (Attachments: #1 Exhibit)(Frasher, Mark)
July 8, 2015 Filing 99 NOTICE by All Plaintiffs re #90 Proposed Pretrial Order Plaintiffs' Objections to Defendant's Pretrial Submissions (Attachments: #1 Exhibits)(Frasher, Mark)
July 8, 2015 Filing 98 NOTICE by CAR-BER Testing Texas, LLC Defendant's Response to Plaintiffs' Motion in Limine (Cleary, James)
July 8, 2015 Filing 97 NOTICE by CAR-BER Testing Texas, LLC Defendant's Objections to Plaintiff's Exhibit List (Cleary, James)
July 8, 2015 Filing 96 NOTICE by CAR-BER Testing Texas, LLC Defendant's Objections to Plaintiffs' Proposed Jury Instructions and Interrogatories (Cleary, James)
July 8, 2015 Filing 95 NOTICE by CAR-BER Testing Texas, LLC Defendant's Objections to Plaintiff's Witness List (Cleary, James)
July 7, 2015 Filing 94 Additional Attachments to Main Document: #90 Proposed Pretrial Order.. (Frasher, Mark)
July 7, 2015 Filing 93 Additional Attachments to Main Document: #90 Proposed Pretrial Order.. (Attachments: #1 Exhibit, #2 Exhibit)(Frasher, Mark)
July 6, 2015 Opinion or Order Filing 92 ORDER denying #48 Motion to Dismiss, for No-Evidence Summary Judgment and denying #50 Motion to Compel Discovery Related to Plaintiff Allen Dean Howelll, Sr. The parties are ordered to confer and file a joint report with the Court on or before 7/15/15, stating the name of an agreed guardian ad litem to represent Mr. Howell, Sr. Signed by Magistrate Judge Keith F. Giblin on 7/6/15. (mrp, )
July 2, 2015 Filing 91 Additional Attachments to Main Document: #90 Proposed Pretrial Order.. (Cleary, James)
July 1, 2015 Filing 90 Proposed Pretrial Order (JOINT) by All Plaintiffs. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E, #6 Ex F, #7 Ex G, #8 Ex H, #9 Ex I, #10 Ex J, #11 Ex K)(Frasher, Mark)
July 1, 2015 Opinion or Order Filing 89 FOURTH AMENDED SCHEDULING ORDER: Status Conference is set for 7/30/2015 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Trial date is set for 8/3/15. Signed by Judge Marcia A. Crone on 6/29/15. (mrp, )
June 30, 2015 Opinion or Order Filing 88 ORDER. Mediation Conference is set for 7/20/2015 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 7/13/15. Signed by Magistrate Judge Zack Hawthorn on 6/30/15. (mrp, )
June 30, 2015 Opinion or Order Filing 87 ORDER REFERRING CASE to Mediator Judge 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 to mediation 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, )
June 30, 2015 Filing 86 NOTICE of Attorney Appearance by James Michael Cleary, Jr on behalf of CAR-BER Testing Texas, LLC (Cleary, James)
June 29, 2015 Opinion or Order Filing 85 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION. Plaintiffs' objections are overruled. The Court orders that the #61 Motion for Partial Summary Judgment filed by CAR-BER Testing Texas, LLC is granted in part and denied in part, as recommended by Judge Giblin. The plaintiffs' claims for compensable time based on the donning and doffing of the PPE are dismissed with prejudice, but genuine issues of material fact exist on the remaining claims under the Fair Labor Standards Act (FLSA). Signed by Judge Marcia A. Crone on 6/29/15. (mrp, )
June 18, 2015 Filing 84 Additional Attachments to Main Document: #83 Objection to Report and Recommendations.. (Attachments: #1 Exhibit)(Frasher, Mark)
June 17, 2015 Filing 83 OBJECTION to #82 Report and Recommendations on Motion for Partial Summary Judgment by All Plaintiffs. (Frasher, Mark)
June 3, 2015 Filing 82 REPORT AND RECOMMENDATION recommending that the District Court grant in part and deny in part the defendant's motion for partial summary judgment (doc #61). The defendant is entitle to summary judgment on the plaintiff's claim for time spent donning and doffing PPE, given the specific evidence presented in this case. The Court finds, however, that genuine issues of material fact exist on the remainder of the plaintiff's claims. Signed by Magistrate Judge Keith F. Giblin on 6/3/2015. (bjc, )
June 1, 2015 Filing 81 REPLY to Response to Motion re #70 Supplemental MOTION for Partial Summary Judgment filed by CAR-BER Testing Texas, LLC. (Cleary, James)
May 29, 2015 Filing 80 ***PLEASE IGNORE this NOTICE. Pleading did not include a motion per attorney. NOTICE of Deficiency regarding document 79 submitted by CAR-BER Testing Texas, LLC. Responses and Motions must be filed as separate documents. See Local Rule CV-7(a). Correction should be made by 1 business day. (bjc, ) (No document attached.) Modified on 5/29/2015 (bjc, ).
May 28, 2015 Filing 79 REPLY to Response to Motion re #48 MOTION for Summary Judgment filed by CAR-BER Testing Texas, LLC. (Cleary, James)
May 28, 2015 Opinion or Order Filing 78 ORDER denying #44 Request for ruling on certain objections to pltfs' second amended notice of oral deposition of corporate designees with most knowledge and subpoena duces tecum. Signed by Magistrate Judge Keith F. Giblin on 5/28/15. (tkd, )
May 22, 2015 Opinion or Order Filing 77 ORDER of partial dismissal. The Court orders that the claims asserted by plaintiff Daniel Ball are dismissed with prejudice. All other claims remain pending.. Signed by Judge Marcia A. Crone on 5/22/2015. (bjc, )
May 21, 2015 Filing 76 REPLY to Response to Motion re #61 MOTION for Partial Summary Judgment filed by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cleary, James)
May 21, 2015 Filing 75 *** FILED IN ERROR, PLEASE IGNORE, DUPLICATE DOCUMENT.***RESPONSE to Motion re #70 Supplemental MOTION for Partial Summary Judgment filed by All Plaintiffs. (Frasher, Mark) Modified on 5/22/2015 (fal, ).
May 21, 2015 Filing 74 RESPONSE to Motion re #70 Supplemental MOTION for Partial Summary Judgment filed by All Plaintiffs. (Frasher, Mark) (Main Document 74 replaced on 5/22/2015) (fal, ).
May 21, 2015 Opinion or Order Filing 73 ORDER granting #51 Motion to Take a Deposition Beyond Discovery Deadling and granting #67 Motion for Leave to File a Late Response. Signed by Magistrate Judge Keith F. Giblin on 5/20/15. (mrp, )
May 21, 2015 Opinion or Order Filing 72 ORDER denying as moot #49 Motion to Compel Discovery of Plaintiffs Daniel Ball and Anthony Smart. Signed by Magistrate Judge Keith F. Giblin on 5/20/15. (mrp, )
May 13, 2015 Filing 71 STIPULATION of Dismissal with Prejudice for Plaintiff Daniel Ball by CAR-BER Testing Texas, LLC. (Attachments: #1 Text of Proposed Order Granting Stipulation of Dismissal with Prejudice for Plaintiff Daniel Ball)(Cleary, James)
May 12, 2015 Filing 70 Supplement to #61 Motion for Partial Summary Judgment by CAR-BER Testing Texas, LLC. (Attachments: #1 Exh A)(Cleary, James)
May 12, 2015 Filing 69 Supplemental MOTION to Take Deposition from Candice West Beyond the Discovery Deadline by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cleary, James)
May 11, 2015 Filing 68 RESPONSE to Motion re #61 MOTION for Partial Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibits A-E, #2 Exhibits F-K, #3 Exhibits L-T, #4 Text of Proposed Order)(Frasher, Mark)
May 1, 2015 Filing 67 MOTION for Leave to File Response to Defendant's No Evidence Motion for Summary Judgment of Allen Howell, Sr.; and in the Alternative, Defendant's Motion to Compel Discovery from Plaintiff Allen Dean Howell, Sr. [Doc. 48] by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Frasher, Mark)
May 1, 2015 Filing 66 ***INCORRECT EVENT USED; DOCUMENT #62 HAS BEEN TERMINATED*** Additional Attachments to Main Document: #62 MOTION for Leave to File Response to Defendant's No Evidence Motion for Summary Judgment of Allen Howell, Sr.; and in the Alternative, Defendant's Motion to Compel Discovery from Plaintiff Allen Dean Howell, Sr. [Doc. 48].. (Frasher, Mark) Modified on 5/1/2015 (mrp, ).
May 1, 2015 NOTICE of Deficiency regarding the Documents #62 , #63 , #66 submitted by Alan Howell. Documents #62 and #63 were filed as incomplete motions. These motions have been terminated. Document #66 was filed as an additional attachment to #62 which was terminated. The original motion needs to be refiled. Counsel has been notified that the motion has been terminated. (mrp, )
April 30, 2015 Filing 65 Additional Attachments to Main Document: #64 Response to Motion,.. (Attachments: #1 Ex H, #2 Ex I, #3 Ex J, #4 Ex K, #5 Ex L, #6 Ex M, #7 Ex N)(Frasher, Mark)
April 30, 2015 Filing 64 RESPONSE to Motion re #48 MOTION for Summary Judgment and in the Alternative, Defendant's Motion to Compel Discovery of Allen Dean Howell, Sr. filed by All Plaintiffs. (Attachments: #1 Text of Proposed Order, #2 Ex. A, #3 Ex. B, #4 Ex. C, #5 Ex. D, #6 Ex. E)(Frasher, Mark)
April 30, 2015 Filing 63 ***MOTION IS INCOMPLETE AND IS TERMINATED*** MOTION for Leave to File Response to Defendant's No Evidence Motion for Summary Judgment of Allen Howell, Sr.; and in the Alternative, Defendant's Motion to Compel Discovery from Plaintiff Allen Dean Howell, Sr. [Doc. 48] by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Frasher, Mark) Modified on 5/1/2015 (mrp, ).
April 30, 2015 Filing 62 ***MOTION IS INCOMPLETE AND IS TERMINATED***,br> MOTION for Leave to File Response to Defendant's No Evidence Motion for Summary Judgment of Allen Howell, Sr.; and in the Alternative, Defendant's Motion to Compel Discovery from Plaintiff Allen Dean Howell, Sr. [Doc. 48] by All Plaintiffs. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, Part 1, #3 Exhibit A, Part 2, #4 Exhibit A, Part 3, #5 Exhibit A, Part 4, #6 Exhibit A, Part 5, #7 Exhibit A, Part 6, #8 Exhibit A, Part 7)(Frasher, Mark) Modified on 5/1/2015 (mrp, ).
April 23, 2015 Filing 61 MOTION for Partial Summary Judgment by CAR-BER Testing Texas, LLC. (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 Text of Proposed Order Granting Defendant Motion for Partial Summary Judgment)(Cleary, James)
April 9, 2015 Filing 60 REPLY to Response to Motion re #51 MOTION for Discovery to take a deposition beyond the discovery deadline filed by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit 1)(Cleary, James)
April 8, 2015 Filing 59 REPLY to Response to Motion re #50 MOTION to Dismiss Allen Dean Howell, Sr. and in the Alternative, Defendant's Motion to Compel Discovery of Allen Dean Howell, Sr. filed by CAR-BER Testing Texas, LLC. (Cleary, James)
April 6, 2015 Filing 58 RESPONSE to Motion re #51 MOTION for Discovery to take a deposition beyond the discovery deadline filed by All Plaintiffs. (Frasher, Mark)
April 3, 2015 Filing 57 Additional Attachments to Main Document: #56 Response to Motion,.. (Attachments: #1 EX F, PART 2 OF 3, #2 EX F, PART 3 OF 3)(Frasher, Mark)
April 3, 2015 Filing 56 RESPONSE to Motion re #50 MOTION to Dismiss Allen Dean Howell, Sr. and in the Alternative, Defendant's Motion to Compel Discovery of Allen Dean Howell, Sr. filed by All Plaintiffs. (Attachments: #1 EX A, #2 EX B, #3 EX C, #4 EX D, #5 EX E, #6 EX G, #7 EX H, #8 EX I, #9 EX J, #10 EX K, #11 EX L, #12 EX M, #13 Text of Proposed Order)(Frasher, Mark)
March 30, 2015 Filing 55 REPLY to Response to Motion re #49 MOTION to Compel Discovery of Plaintiffs Daniel Ball and Anthony Smart filed by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit 1)(Cleary, James)
March 27, 2015 Filing 54 RESPONSE in Opposition re #49 MOTION to Compel Discovery of Plaintiffs Daniel Ball and Anthony Smart filed by All Plaintiffs, Daniel T Ball, Charles Ray Black, George Robert Campbell, Joseph M Chapman, Keith Wayne Enloe, Alan Howell, Allen Dean Howell, James Newman, Tavis Pillsbury, Anthony Layne Smart, Ronald Leverett Smith, Joshua Garrin Stanley, Shane Tamez. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Frasher, Mark)
March 20, 2015 Opinion or Order Filing 53 ORDER OF PARTIAL DISMISSAL. It is ordered that the claims asserted by plaintiff Anthony Smart are dismissed without prejudice. The Clerk is directed to terminate Anthony Smart as an active plaintiff on the docket sheet. Signed by Judge Marcia A. Crone on 3/19/15. (mrp, )
March 18, 2015 Filing 52 STIPULATION of Dismissal for Plaintiff Anthony Smart by Anthony Layne Smart. (Frasher, Mark)
March 17, 2015 Filing 51 MOTION for Discovery to take a deposition beyond the discovery deadline by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Cleary, James)
March 10, 2015 Filing 50 MOTION to Dismiss Allen Dean Howell, Sr. and in the Alternative, Defendant's Motion to Compel Discovery of Allen Dean Howell, Sr. by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order Granting Motion to Dismiss and Alternative Motion to Compel)(Cleary, James)
March 10, 2015 Filing 49 MOTION to Compel Discovery of Plaintiffs Daniel Ball and Anthony Smart by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Text of Proposed Order Granting Motion to Compel Discovery Regarding Ball and Smart)(Cleary, James)
March 10, 2015 Filing 48 MOTION for Summary Judgment and in the Alternative, Defendant's Motion to Compel Discovery of Allen Dean Howell, Sr. by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order Granting No Evidence Motion for Summary Judgment etc)(Cleary, James)
March 9, 2015 NOTICE of Deficiency regarding the #47 Motion to Compel submitted by CAR-BER Testing Texas, LLC. Several motions were filed within one document. Motions will be refiled separately. (mrp, )
March 5, 2015 Filing 47 ***DOCUMENT IS STRICKEN; MOTIONS WILL BE FILED SEPARATELY*** MOTION to Compel Discovery of Plaintiffs, etc; Defendant's Motion to Dismiss and No-Evidence Motion for Summary Judgment by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Text of Proposed Order Motion to Compel & No Evidence MSJ)(Cleary, James) Modified on 3/9/2015 (mrp, ).
March 2, 2015 Filing 46 NOTICE of Discovery Disclosure by CAR-BER Testing Texas, LLC regarding Defendant's 2nd Supplemental Initial Disclosures (Cleary, James)
February 24, 2015 Filing 45 RESPONSE to Motion re #44 MOTION Court's Ruling on Certain Objections to Plaintiffs' Second Amended Notice of Oral Deposition of Corporate Designees' with Most Knowledge and Subpoena Duces Tecum (Request) Defendant's Response to Plaintiff's Request for Ruling on Certain Objections to Plaintiffs' Second Amended Notice of Oral Deposition of Corporate Designee(s) and Subpoena Duces Tecum filed by CAR-BER Testing Texas, LLC. (Cleary, James)
February 21, 2015 Filing 44 MOTION Court's Ruling on Certain Objections to Plaintiffs' Second Amended Notice of Oral Deposition of Corporate Designees' with Most Knowledge and Subpoena Duces Tecum (Request) by All Plaintiffs. (Frasher, Mark)
November 12, 2014 Opinion or Order Filing 43 THIRD 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 3/23/2015. Motions due by 4/23/2015. Motion terminated: #42 Joint MOTION to Extend Remaining Deadlines. Signed by Magistrate Judge Keith F. Giblin on 11/12/14. (mrp, )
October 22, 2014 Filing 42 Joint MOTION to Extend Remaining Deadlines by CAR-BER Testing Texas, LLC. (Attachments: #1 Text of Proposed Order)(Cleary, James)
October 22, 2014 ***FILED IN ERROR. Document # 40, Joint Motion to extend remaining deadlines. Incorrect event used. PLEASE IGNORE. Attorney will re-file.*** (bjc)
October 21, 2014 Filing 41 Submission of Proposed Third Amended Agreed Docket Control/Scheduling order by CAR-BER Testing Texas, LLC . (Cleary, James) Modified on 10/22/2014 (bjc, ).
October 21, 2014 Filing 40 ***FILED IN ERROR. PLEASE IGNORE.*** NOTICE by CAR-BER Testing Texas, LLC Joint Motion to Extend Remaining Deadlines (Attachments: #1 Text of Proposed Order Joint Motion to Extend Remaining Deadlines)(Cleary, James) Modified on 10/22/2014 (bjc, ).
August 7, 2014 Filing 39 NOTICE by All Plaintiffs of Filing First Amended Designation of Experts (Werner, John)
July 28, 2014 Opinion or Order Filing 38 ORDER granting in part and denying in part #32 Motion to Strike Designation of Experts. The motion is granted as to the experts designated to testify regarding PPE at this time, but Plaintiffs are given leave to re-file their designation of experts within 10 days of this order to cure the identified deficiencies in their designation of experts. The motion is also granted as to Plaintiffs' expert designations of the DOL opinions and the use of the Wage and Hour Opinions, subject to the Court's directives herein. Finally, as for Plaintiffs' experts regarding attorney's fees, the Court orders that the motion is denied on that issue. Signed by Magistrate Judge Keith F. Giblin on 7/28/14. (mrp, )
April 3, 2014 Filing 37 REPLY to Response to Motion re #32 MOTION to Strike #10 Witness List filed by CAR-BER Testing Texas, LLC. (Cleary, James)
April 3, 2014 NOTICE of Deficiency regarding the #35 Response to Motion to Strike submitted by All Plaintiffs. Document is not pdf searchable. Correction should be made within 1 business day. (mrp, )
April 2, 2014 Opinion or Order Filing 36 ORDER GRANTING #33 MOTION TO EXTEND DEADLINES AND ENTRY OF SECOND AMENDED SCHEDULING ORDER: Status Conference is reset for 3/6/2015 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Discovery due by 10/21/2014. Motions due by 11/24/2014. Signed by Magistrate Judge Keith F. Giblin on 4/2/14. (mrp, )
April 2, 2014 Filing 35 RESPONSE to Motion re #32 MOTION to Strike #10 Witness List filed by Joshua Garrin Stanley. (Frasher, Mark)
April 2, 2014 Filing 34 Submission of Proposed Agreed Docket Control/Scheduling order by CAR-BER Testing Texas, LLC (Second Amended). (Cleary, James)
April 2, 2014 Filing 33 Unopposed MOTION for Extension of Time to File /Extend Remaining Deadlines by CAR-BER Testing Texas, LLC. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion to Extend Remaining Deadlines)(Cleary, James)
April 2, 2014 Filing 32 MOTION to Strike #10 Witness List by CAR-BER Testing Texas, LLC. (Attachments: #1 Text of Proposed Order Granting Defendant's Motion to Strike Plaintiffs' Designation of Expert Witnesses)(Cleary, James)
March 26, 2014 Opinion or Order Filing 31 ORDER OF PARTIAL DISMISSAL. The Clerk is directed to terminate Charles Ray Black and Keith Wayne Enloe as active plaintiffs on the docket sheet. All other claims remain pending. Signed by Judge Marcia A. Crone on 3/26/14. (mrp, )
March 12, 2014 Opinion or Order Filing 30 ORDER OF CONSOLIDATION. Civil Action Nos. 1:14cv45, 1:14cv57, and 1:14cv65 are consolidated for all purposes into Civil Action No. 1:13cv374. Civil Action No. 1:13cv374 is designated as the lead case and all pleadings by the parties shall be filed in the lead case. Civil Action Nos. 1:14cv45, 1:14cv57, and 1:14cv65 shall be closed, and any pending motions in those cases are denied as moot without prejudice to refiling. This case is referred to Magistrate Judge Keith Giblin to conduct all pretrial proceedings. Signed by Judge Marcia A. Crone on 3/12/14. (mrp, )
March 12, 2014 Opinion or Order ORDER REFERRING CASE to Magistrate Keith F. Giblin. See Order of Consolidation #30 . Signed by Judge Marcia A. Crone on 3/12/14. (mrp, )
January 29, 2014 Filing 29 NOTICE by Charles Ray Black, Keith Wayne Enloe, James Newman, Joshua Garrin Stanley, Shane Tamez Amended Deposition of Corp Rep (Frasher, Mark)
December 5, 2013 Filing 28 NOTICE of Voluntary Dismissal by Charles Ray Black, Keith Wayne Enloe, James Newman, Joshua Garrin Stanley, Shane Tamez (Frasher, Mark)
November 21, 2013 Opinion or Order Filing 27 FIRST AMENDED SCHEDULING ORDER: Status Conference is set for 8/1/2014 at 10:00 AM in Ctrm 3 (Beaumont) before Judge Marcia A. Crone. Discovery due by 3/25/2014. Motions due by 4/28/2014. Signed by Judge Marcia A. Crone on 11/21/13. (mrp, )
November 21, 2013 Opinion or Order Filing 26 ORDER granting #24 Motion for Extension of Time to Extend Remaining Deadlines.Signed by Judge Marcia A. Crone on 11/21/13. (mrp, )
November 20, 2013 Filing 25 Submission of Proposed Agreed Docket Control/Scheduling order by CAR-BER Testing Texas, LLC (First Amended). (Cleary, James)
November 20, 2013 Filing 24 Joint MOTION for Extension of Time to File /Extend Remaining Deadlines by CAR-BER Testing Texas, LLC. (Attachments: #1 Text of Proposed Order Granting Joint Motion for Extension of all Remaining Deadlines)(Cleary, James)
November 14, 2013 Opinion or Order Filing 23 ORDER. It is ordered that Defendant's objections to requested topic nos. 10,23,25,45(e)-(f) and requested document nos. 3 and 4 are sustained. Plaintiffs may, however, inquire into the topics specified in topic 45(g)-(i). Plaintiffs may also request documents that discuss the purposes of personal protective equipment ("PPE") or why PPE was required or not required on particular occasions. Additionally, Plaintiffs may request documents relating to significant safety incidents that occurred while working on Motiva's Crude Expansion Project. Signed by Judge Marcia A. Crone on 11/14/2013. (mrp, )
October 17, 2013 Filing 22 REPLY to Response to Motion re #16 MOTION to Quash Plaintiffs' cross-notices of deposition and for protective order filed by CAR-BER Testing Texas, LLC. (Attachments: #1 Text of Proposed Order)(Cleary, James)
October 15, 2013 Filing 21 RESPONSE to Motion re #16 MOTION to Quash Plaintiffs' cross-notices of deposition and for protective order (First Amended) filed by Charles Ray Black, Keith Wayne Enloe, James Newman, Joshua Garrin Stanley, Shane Tamez. (Attachments: #1 Text of Proposed Order)(Frasher, Mark)
October 15, 2013 Filing 20 RESPONSE to Motion re #16 MOTION to Quash Plaintiffs' cross-notices of deposition and for protective order filed by Charles Ray Black, Keith Wayne Enloe, James Newman, Joshua Garrin Stanley, Shane Tamez. (Attachments: #1 Text of Proposed Order)(Frasher, Mark)
October 10, 2013 Filing 19 NOTICE by Charles Ray Black, Keith Wayne Enloe, James Newman, Joshua Garrin Stanley, Shane Tamez of Filing Spreadsheet Identifying Each Plaintiff and His or Her Respective Employer (Attachments: #1 Spreadsheet)(Frasher, Mark)
October 2, 2013 Filing 18 REPLY to Response to Motion re #13 MOTION to Strike Plaintiffs' Designation of Expert Witnesses filed by CAR-BER Testing Texas, LLC. (Cleary, James)
September 21, 2013 Filing 17 RESPONSE to Motion re #13 MOTION to Strike Plaintiffs' Designation of Expert Witnesses Alternatively Motion for Leave to Supplement Expert Designations filed by Charles Ray Black, Keith Wayne Enloe, James Newman, Joshua Garrin Stanley, Shane Tamez. (Frasher, Mark)
September 20, 2013 Filing 16 MOTION to Quash Plantiffs' cross-notices of deposition and for protective order by CAR-BER Testing Texas, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Cleary, James) Modified on 9/20/2013 (bjc, ).
September 5, 2013 Filing 15 NOTICE by CAR-BER Testing Texas, LLC of Expert Witness Designation (Attachments: #1 Exhibit A)(Cleary, James)
September 4, 2013 Filing 14 NOTICE of Attorney Appearance by Mark William Frasher on behalf of All Plaintiffs (Frasher, Mark)
September 3, 2013 Filing 13 MOTION to Strike Plaintiffs' Designation of Expert Witnesses by CAR-BER Testing Texas, LLC. (Attachments: #1 Text of Proposed Order Defendant's Motion to Strike Plaintiffs' Designation of Expert Witnesses)(Cleary, James)
August 15, 2013 Filing 12 Defendant's Original ANSWER to #11 Amended Complaint Plaintiffs' Second Amended Complaint by CAR-BER Testing Texas, LLC.(Cleary, James)
August 9, 2013 Filing 11 AMENDED COMPLAINT (Second) against All Defendants, filed by Joshua Garrin Stanley, Charles Ray Black, Keith Wayne Enloe, Shane Tamez, James Newman.(Werner, John)
August 2, 2013 Filing 10 Expert Witness List by Joshua Garrin Stanley. (Werner, John)
July 17, 2013 Filing 9 Defendant's Original ANSWER to #8 Amended Complaint by CAR-BER Testing Texas, LLC.(Cleary, James)
July 15, 2013 Filing 8 AMENDED COMPLAINT (First) against All Defendants, filed by Joshua Garrin Stanley.(Werner, John)
July 2, 2013 Opinion or Order 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, )
June 28, 2013 Filing 6 Submission of Proposed Agreed Docket Control/Scheduling order by CAR-BER Testing Texas, LLC, Joshua Garrin Stanley. (Werner, John)
June 14, 2013 Filing 5 NOTICE of Attorney Appearance by Ethan Dennis Carlyle on behalf of CAR-BER Testing Texas, LLC (Carlyle, Ethan)
June 12, 2013 Opinion or Order 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 Scheduling Order is due no later than 6/28/13. Signed by Judge Marcia A. Crone on 6/11/13. (mrp, )
June 7, 2013 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, )
June 4, 2013 Filing 3 ANSWER to #2 Complaint by CAR-BER Testing Texas, LLC. [original document filed in 1:12cv556](aam, )
June 4, 2013 Filing 2 COMPLAINT against CAR-BER Testing Texas, LLC, filed by Joshua Garrin Stanley. (Attachments: #1 Exhibit, #2 Jury Demand, #3 Civil Cover Sheet)[Original Documents filed in 1:12cv556](aam, )
June 4, 2013 Opinion or Order Filing 1 ORDER granting 82-90, 92-99, Motions to Sever. The Clerk of Court is ordered to sever the moving defendants from civil action 1:12cv556 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 1:12cv556](aam, )

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Search for this case: Stanley v. CAR-BER Testing Texas, LLC
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Consolidated plaintiff: George Robert Campbell
Represented By: Mark William Frasher
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Consolidated plaintiff: Tavis Pillsbury
Represented By: Mark William Frasher
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Consolidated plaintiff: Alan Howell
Represented By: Mark William Frasher
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Consolidated plaintiff: Anthony Layne Smart
Represented By: Mark William Frasher
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Consolidated plaintiff: Allen Dean Howell
Represented By: Mark William Frasher
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Consolidated plaintiff: Daniel T Ball
Represented By: Mark William Frasher
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Consolidated plaintiff: Ronald Leverett Smith
Represented By: Mark William Frasher
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Consolidated plaintiff: Joseph M Chapman
Represented By: Mark William Frasher
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Plaintiff: Keith Wayne Enloe
Represented By: John Gerard Werner
Represented By: Mark William Frasher
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Plaintiff: Shane Tamez
Represented By: John Gerard Werner
Represented By: Mark William Frasher
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Plaintiff: Charles Ray Black
Represented By: John Gerard Werner
Represented By: Mark William Frasher
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Plaintiff: All Plaintiffs
Represented By: John Gerard Werner
Represented By: Mark William Frasher
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Plaintiff: Joshua Garrin Stanley
Represented By: John Gerard Werner
Represented By: Mark William Frasher
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Plaintiff: James Newman
Represented By: John Gerard Werner
Represented By: Mark William Frasher
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Defendant: CAR-BER Testing Texas, LLC
Represented By: Ethan Dennis Carlyle
Represented By: Evan Christopher Blankenau
Represented By: James Michael Cleary, Jr
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