Garcia v. Tom Thumb Food and Drug LP
Plaintiff: Shaun Garcia
Defendant: Tom Thumb Food and Drug LP, Randall's Food & Drugs LP doing business as Tom Thumb doing business as Tom Thumb Food & Drugs, LP, Randall's Food Markets, Inc doing business as Tom Thumb doing business as Tom Thumb Food & Drugs, LP and Safeway Inc doing business as Tom Thumb doing business as Tom Thumb Food & Drugs, LP
Not Classified By Court: ADR Provider
Case Number: 3:2013cv01248
Filed: March 25, 2013
Court: US District Court for the Northern District of Texas
Office: Dallas Office
County: Dallas
Presiding Judge: Reed C O'Connor
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 22, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2014 Opinion or Order Filing 73 STIPULATION OF DISMISSAL With Prejudice by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc. (Cuaderes, Eduardo)
July 22, 2014 Opinion or Order ***Civil Case Terminated per #73 Stipulation of Dismissal. (twd)
July 8, 2014 Opinion or Order Filing 72 ELECTRONIC ORDER finding as moot #36 Motion in Limine (Ordered by Judge Reed C O'Connor on 7/8/2014) (chmb)
July 8, 2014 Opinion or Order Filing 71 ELECTRONIC ORDER finding as moot #31 Motion in Limine (Ordered by Judge Reed C O'Connor on 7/8/2014) (chmb)
July 3, 2014 Opinion or Order Filing 70 ORDER: The parties are ORDERED to file the necessary dismissal papers no later than 8/4/2014. (Ordered by Judge Reed C O'Connor on 7/3/2014) (skt)
July 3, 2014 Opinion or Order Filing 69 NOTICE of Settlement filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc (Cuaderes, Eduardo)
July 2, 2014 Opinion or Order Filing 68 Exhibit List by Shaun Garcia. (Hooper, Nellie)
July 2, 2014 Opinion or Order Filing 67 Witness List by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc. (Ly, L)
July 2, 2014 Opinion or Order Filing 66 Witness List by Shaun Garcia. (Hooper, Nellie)
July 2, 2014 Opinion or Order Filing 65 Proposed Pretrial Order by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc. (Hooper, Nellie)
July 2, 2014 Opinion or Order Filing 64 Proposed Jury Charge filed by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc. (Hooper, Nellie)
June 30, 2014 Opinion or Order Filing 63 ORDER: Pretrial Hearing set for 7/3/2014 11:00 AM before Judge Reed C O'Connor. Amended Pretrial Materials due by 7/2/2014. Jury Trial set for 7/7/2014 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 6/30/2014) (jrr)
June 30, 2014 Opinion or Order Filing 62 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 motion 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)
June 24, 2014 Opinion or Order Filing 61 ORDER granting #54 Plaintiff's Motion for Reconsideration of Amended Memorandum Opinion and Order. (Ordered by Judge Reed C O'Connor on 6/24/2014) (skt)
June 23, 2014 Opinion or Order Filing 60 REPLY filed by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc, Tom Thumb Food and Drug LP re: #54 MOTION for Reconsideration re #49 Memorandum Opinion and Order,, (Smith, Jeffrey)
June 23, 2014 Opinion or Order Filing 59 RESPONSE filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc, Tom Thumb Food and Drug LP re: #36 MOTION in Limine (Ly, L)
June 23, 2014 Opinion or Order Filing 58 Appendix in Support filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc, Tom Thumb Food and Drug LP re #57 Response/Objection (Cuaderes, Eduardo)
June 23, 2014 Opinion or Order Filing 57 RESPONSE filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc, Tom Thumb Food and Drug LP re: #54 MOTION for Reconsideration re #49 Memorandum Opinion and Order,, (Cuaderes, Eduardo)
June 20, 2014 Opinion or Order Filing 56 ORDER FOR EXPEDITED BRIEFING: Responses due by 6/24/2014 re: #54 MOTION for Reconsideration re #49 Memorandum Opinion and Order. The Court directs Defendants to limit the scope of their response to the issues raised in the motion for reconsideration. (Ordered by Judge Reed C O'Connor on 6/20/2014) (tln)
June 19, 2014 Opinion or Order Filing 55 Appendix in Support filed by Shaun Garcia re #54 MOTION for Reconsideration re #49 Memorandum Opinion and Order,, (Hooper, Nellie)
June 19, 2014 Opinion or Order Filing 54 MOTION for Reconsideration re #49 Memorandum Opinion and Order,, filed by Shaun Garcia with Brief/Memorandum in Support. (Hooper, Nellie)
June 19, 2014 Opinion or Order Filing 53 OBJECTION filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc, Tom Thumb Food and Drug LP re: #47 Exhibit List, #45 Exhibit List, #46 Witness List (Ly, L)
June 16, 2014 Opinion or Order Filing 52 Proposed Voir Dire by Shaun Garcia. (Hooper, Nellie)
June 16, 2014 Opinion or Order Filing 51 SETTLEMENT CONFERENCE REPORT filed by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc, Tom Thumb Food and Drug LP. (Hooper, Nellie)
June 16, 2014 Opinion or Order Filing 50 Proposed Voir Dire by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc. (Cuaderes, Eduardo)
June 16, 2014 Opinion or Order Filing 49 ***VACATED PER #62 Second Amended Memorandum Opinion and Order*** 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 7/7/2014. (Ordered by Judge Reed C O'Connor on 6/16/2014) (tln) Modified on 6/30/2014 (jrr).
June 13, 2014 Opinion or Order Filing 48 STATUS REPORT filed by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc. (Cuaderes, Eduardo)
June 12, 2014 Opinion or Order Filing 47 Exhibit List by Shaun Garcia. (Hooper, Nellie)
June 12, 2014 Opinion or Order Filing 46 ***Duplicate Entry of Doc #45 *** Witness List by Shaun Garcia. (Hooper, Nellie) Modified on 6/13/2014 (axm).
June 12, 2014 Opinion or Order Filing 45 Witness List by Shaun Garcia. (Hooper, Nellie) Modified event text on 6/13/2014 (axm).
June 12, 2014 Opinion or Order Filing 44 ORDER: The Court denies as moot #38 Plaintiff's Motion for Leave to File Second Amended Original Complaint, or Alternatively, Unopposed Motion to Consolidate. With regard to #39 Defendant's Unopposed Motion for Continuance, the Court concludes that the motion should be denied without prejudice. Instead of continuing the trial at this juncture, the Court directs the parties to confer and file a joint report by Friday, 6/13/2014 at 3:00 p.m. (Ordered by Judge Reed C O'Connor on 6/12/2014) (axm)
June 12, 2014 Opinion or Order Filing 43 ORDER CONSOLIDATING CASES: Member case(s) 3:14-cv-2124-O consolidated with lead case 3:13-cv-1248-O. (Ordered by Judge Reed C O'Connor on 6/12/2014) (axm)
June 12, 2014 Opinion or Order Filing 42 Joint Proposed Pretrial Order by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway Inc. (Hooper, Nellie)
June 12, 2014 Opinion or Order Filing 41 Witness List by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc.. (Ly, L)
June 12, 2014 Opinion or Order Filing 40 Exhibit List by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc.. (Ly, L)
June 12, 2014 Opinion or Order Filing 39 Unopposed MOTION to Continue filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc., Tom Thumb Food and Drug LP (Attachments: #1 Proposed Order) (Cuaderes, Eduardo)
June 11, 2014 Opinion or Order Filing 38 MOTION for Leave to File Plaintiff's Second Amended Original Complaintor Alternatively, Unopposed Motion to Consolidate filed by Shaun Garcia (Hooper, Nellie)
June 11, 2014 Opinion or Order Filing 37 OBJECTION filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc., Tom Thumb Food and Drug LP re: #29 Witness List, #30 Exhibit List (Ly, L)
June 11, 2014 Opinion or Order Filing 36 MOTION in Limine filed by Shaun Garcia (Attachments: #1 Proposed Order) (Hooper, Nellie)
June 11, 2014 Opinion or Order Filing 35 ORDER granting #33 Motion for Leave to File Plaintiff's Motion in Limine One Day After the Deadline in the Scheduling Order. Plaintiff is directed to file Plaintiff's Motion in Limine, currently attached as Exhibit A to his motion for leave, no later than today at 5:00 p.m. (Ordered by Judge Reed C O'Connor on 6/11/2014) (axm)
June 10, 2014 Opinion or Order Filing 34 ADDITIONAL ATTACHMENTS to #33 MOTION for Leave to File Plaintiff's Motion in Limine by Plaintiff Shaun Garcia. (Hooper, Nellie)
June 10, 2014 Opinion or Order Filing 33 MOTION for Leave to File Plaintiff's Motion in Limine filed by Shaun Garcia (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Hooper, Nellie)
June 9, 2014 Opinion or Order Filing 32 Proposed Jury Charge filed by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc.. (Smith, Jeffrey)
June 9, 2014 Opinion or Order Filing 31 MOTION in Limine filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc., Tom Thumb Food and Drug LP with Brief/Memorandum in Support. (Cuaderes, Eduardo)
May 28, 2014 Opinion or Order Filing 30 Exhibit List by Shaun Garcia. (Gonzalez, Xavier)
May 28, 2014 Opinion or Order Filing 29 Witness List by Shaun Garcia. (Gonzalez, Xavier)
May 28, 2014 Opinion or Order Filing 28 Defendants' Pretrial Disclosures filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc.. (Ly, L)
May 22, 2014 Opinion or Order Filing 27 ***VACATED PER #49 AMENDED MEMORANDUM OPINION AND ORDER***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 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 #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)
April 29, 2014 Opinion or Order Filing 26 NOTICE of Attorney Appearance by L Mey Ly on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Ly, L)
April 14, 2014 Opinion or Order Filing 25 Appendix in Support filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc., Tom Thumb Food and Drug LP re #24 Reply (Cuaderes, Eduardo)
April 14, 2014 Opinion or Order Filing 24 REPLY filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc., Tom Thumb Food and Drug LP re: #16 MOTION for Summary Judgment (Cuaderes, Eduardo)
April 1, 2014 Opinion or Order Filing 23 Appendix in Support filed by Shaun Garcia re #22 Brief/Memorandum in Support of Motion (Attachments: #1 App 4 -102, #2 App 103 - 219, #3 App 220 - 270, #4 App 271 - 372, #5 App 373 -422) (Hooper, Nellie)
April 1, 2014 Opinion or Order Filing 22 Brief/Memorandum in Support filed by Shaun Garcia re #21 Brief/Memorandum in Support of Motion (Hooper, Nellie)
April 1, 2014 Opinion or Order Filing 21 Response to Defendant's MOTION for Summary Judgment #16 filed by Shaun Garcia. (Hooper, Nellie) Modified text on 4/2/2014 (dsr).
March 28, 2014 Opinion or Order Filing 20 ORDER granting #19 Motion to Extend Time to File Response/Reply. Plaintiff shall file his response on or before 4/1/2014 (Ordered by Judge Reed C O'Connor on 3/28/2014) (jrr)
March 27, 2014 Opinion or Order Filing 19 MOTION for Extension of Time to File Response/Reply to #16 MOTION for Summary Judgment filed by Shaun Garcia (Hooper, Nellie)
March 7, 2014 Opinion or Order Filing 18 Appendix in Support filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc. re #16 MOTION for Summary Judgment , #17 Brief/Memorandum in Support of Motion (Attachments: #1 Additional Page(s) Appendix Part 2) (Cuaderes, Eduardo)
March 7, 2014 Opinion or Order Filing 17 Brief/Memorandum in Support filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc. re #16 MOTION for Summary Judgment (Cuaderes, Eduardo)
March 7, 2014 Opinion or Order Filing 16 MOTION for Summary Judgment filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc. (Cuaderes, Eduardo)
November 21, 2013 Opinion or Order Filing 15 Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Nellie Hooper, Xavier Gonzalez, Eduardo Cuaderas. Prv Fee: $ 2850.00. Outcome of ADR: Parties were unable to reach a settlement. (Bass, Courtenay)
September 16, 2013 Opinion or Order Filing 14 Proof of Service for Subpoena served on Albertson's Inc on 9/12/2013. (axm)
July 18, 2013 Opinion or Order Filing 13 SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning 7/7/2014 before Judge Reed C O'Connor. Joinder of Parties due by 9/16/2013. Amended Pleadings due by 9/16/2013. Motions due by 3/10/2014. Deadline for mediation is on or before 12/6/2013. Discovery due by 2/7/2014. Pretrial Materials due by 6/12/2014. Pretrial Order due by 6/12/2014. (Ordered by Judge Reed C O'Connor on 7/18/2013) (cea)
July 16, 2013 Opinion or Order Filing 12 Joint STATUS REPORT filed by Shaun Garcia, Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc.. (Sberna, Lindsey)
June 25, 2013 Opinion or Order Filing 11 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before 7/23/2013. (Ordered by Judge Reed C O'Connor on 6/25/2013) (tln)
June 24, 2013 Opinion or Order Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc., Tom Thumb Food and Drug LP. (Cuaderes, Eduardo)
June 24, 2013 Opinion or Order Filing 9 ANSWER to #6 Amended Complaint with Jury Demand filed by Randall's Food & Drugs, LP, Randall's Food Markets, Inc, Safeway, Inc., Tom Thumb Food and Drug LP. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Cuaderes, Eduardo)
June 6, 2013 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed as to All Defendants. (Hooper, Nellie)
April 25, 2013 Opinion or Order Filing 7 AMENDED DOCUMENT by Shaun Garcia. Plaintiff's Amended Certificate of Interested Persons. (Hooper, Nellie)
April 25, 2013 Opinion or Order Filing 6 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Shaun Garcia. (One or more defendant(s) is no longer named.) Summons(es) not requested at this time. (Hooper, Nellie)
April 17, 2013 Opinion or Order Filing 5 Summons Issued as to Tom Thumb Food and Drug LP. (twd)
April 17, 2013 Opinion or Order Filing 4 Request for Clerk to issue Summons filed by Shaun Garcia. (Hooper, Nellie)
April 4, 2013 Opinion or Order Notice to the Parties: Please be advised that as of Monday, April 8, 2013, Judge Reed C. O'Connor's chambers will be located at 1100 Commerce Street, Room 1312, Dallas, Texas 75242. All hearings and trial proceedings will be held in United States District Judges Courtroom 1310, 1100 Commerce Street, Dallas, Texas 75242. (drh)
March 25, 2013 Opinion or Order Filing 3 New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (aaa)
March 25, 2013 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shaun Garcia. (Hooper, Nellie)
March 25, 2013 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against Tom Thumb Food and Drug LP filed by Shaun Garcia. (Filing fee $350; Receipt number 0539-5201734) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Cover Sheet) (Hooper, Nellie)

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Search for this case: Garcia v. Tom Thumb Food and Drug LP
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Plaintiff: Shaun Garcia
Represented By: Xavier A Gonzalez
Represented By: Barbara T Hale
Represented By: Jeffrey D Smith
Represented By: Nellie Gomez Hooper
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Defendant: Tom Thumb Food and Drug LP
Represented By: Eduardo F Cuaderes, Jr
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Defendant: Randall's Food & Drugs LP doing business as Tom Thumb doing business as Tom Thumb Food & Drugs, LP
Represented By: Eduardo F Cuaderes, Jr
Represented By: L Mey Ly
Represented By: Lindsey Duran Sberna
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Defendant: Randall's Food Markets, Inc doing business as Tom Thumb doing business as Tom Thumb Food & Drugs, LP
Represented By: Eduardo F Cuaderes, Jr
Represented By: L Mey Ly
Represented By: Lindsey Duran Sberna
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Defendant: Safeway Inc doing business as Tom Thumb doing business as Tom Thumb Food & Drugs, LP
Represented By: Eduardo F Cuaderes, Jr
Represented By: L Mey Ly
Represented By: Lindsey Duran Sberna
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Not classified by court: ADR Provider
Represented By: Courtenay L Bass
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