Ecoquij-Tzep v. Hawaiian Grill

Ecoquij-Tzep v. Hawaiian Grill

Plaintiff:	Ecoquij-Tzep and Pascual Ecoquij-Tzep
Defendant:	Hawaiian Grill, Le Arlington Inc doing business as MW Hawaiian Grill doing business as MW'S Hawaiian Grill doing business as Little Tokyo formerly known as Shun Far El Paso Inc, MW Hawaiian Grill, Shun Far El Paso Inc, Grand Fast Food Inc doing business as Famous Cajun Grill doing business as Famous Wok, Shizhong Zhang, Ying Hui Wang and Kong Shen Wang
Counter Claimant:	Grand Fast Food Inc
Case Number:	3:2016cv00625
Filed:	March 4, 2016
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	David L Horan
Referring Judge:	Barbara MG Lynn
Nature of Suit:	Labor: Fair Labor Standards Act
Cause of Action:	29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on September 13, 2018. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 13, 2018	***Clerk's Notice of delivery: (see NEF for details) Docket No:225. re-mailed to 2838 Royal Lane, Apt 2007, Dallas, TX 75229 Thu Sep 13 11:05:59 CDT 2018 (crt)
September 11, 2018	Filing 227 Mail returned as undeliverable. #219 Transcript [removed from PDF due to restriction level] #222 Judgment, #221 Order of Dismissal or Administrative Closure, #220 Order on Motion to Withdraw as Attorney received back from Pascual Ecoquij-Tzep as return to sender - attempted not known. Address updated from last filed document, #220 . New address: 2838 Royal Lane, Apt 2007, Dallas, TX 75229. The current document mailed to the Royal Lane address on 7/19/2018. (sss) Modified text on 9/13/2018 (axm).
August 29, 2018	Filing 226 Mail returned as undeliverable. #225 Order on Motion for Sanctions, received back from Pascual Ecoquij-Tzep as not deliverable as addressed. Address updated from last filed document, #220 . New address: 2838 Royal Lane, Apt 2007, Dallas, TX 75229. The current document has been re-mailed. (rekc) Modified text on 9/13/2018 (axm).
August 20, 2018	Filing 225 ORDER DENYING MOTIONS FOR RULE 11 SANCTIONS. (Ordered by Magistrate Judge David L. Horan on 8/20/2018) (mcrd)
August 20, 2018	***Clerk's Notice of delivery: (see NEF for details) Docket No:225. Mon Aug 20 10:46:42 CDT 2018 (crt)
August 19, 2018	Filing 224 MOTION for Sanctions AND MEMORANDUM IN SUPPORT filed by Hawaiian Grill, Le Arlington Inc, Shizhong Zhang with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit 1) (Yuen, Xenos)
August 18, 2018	Filing 223 MOTION for Sanctions filed by Grand Fast Food Inc, Kong Shen Wang, Ying Hui Wang with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit 1) (Yuen, Xenos)
July 19, 2018	Filing 222 FINAL JUDGMENT: Plaintiff Pascual Ecoquij-Tzep's claims in this case against Defendants Le Arlington, Inc. d/b/a/ MW Hawaiian Grill also d/b/a MW's Hawaiian Grill also d/b/a Little Tokyo and f/k/a Shun Far El Paso, Inc., Grand Fast Food, Inc. d/b/a Famous Cajun Grill and also d/b/a Famous Wok, Shizhong Zhang, Ying Hui Wang, and Kong Shen Wang are dismissed with prejudice. (Ordered by Magistrate Judge David L. Horan on 7/19/2018) (zkc)
July 19, 2018	Filing 221 ORDER OF DISMISSAL WITH PREJUDICE. Party Le Arlington Inc, Kong Shen Wang, Ying Hui Wang, Grand Fast Food Inc and Grand Fast Food Inc are dismissed with prejudice. (Ordered by Magistrate Judge David L. Horan on 7/19/2018) (zkc)
July 19, 2018	Filing 220 ORDER granting #213 Motion to Withdraw as Attorney. The Clerk of the Court is directed to serve a copy of this Order, along with the transcript of the show cause hearing at which the Court explained the reasons for this Order, see Dkt. No. #219 , on Plaintiff Pascual Ecoquij-Tzep at the last known addresses reported by his now-former counsel in the motion to withdraw: 1330 MacArthur Drive, Apt. 1504, Carrollton, Texas 75007 and 2838 Royal Lane, Apt. 2007, Dallas, Texas 75229. Attorney Jamie Harrison Zidell; Robert Lee Manteuffel and Joshua Aaron Petersen terminated; terminating as withdrawn #215 Motion for Sanctions. (Ordered by Magistrate Judge David L. Horan on 7/19/2018) (zkc) Modified docket text on 7/19/2018 (zkc).
July 19, 2018	Filing 219 Notice of Filing of Official Electronic Transcript of Show Cause Hearing Proceedings held on 07/18/2018 before Judge David L. Horan. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (28 pages). Redaction Request due 8/9/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/17/2018. (Rehling, Kathy)
July 18, 2018	Filing 218 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Show Cause Hearing held on 7/18/2018. Plaintiff failed to appear. Orders to enter. Attorney Appearances: Plaintiff - Robert Lee Manteuffel; Defense - Xenos Man-Wah Yuen. (Court Reporter: Digital File) (No exhibits) Time in Court - :37. (mcrd)
July 12, 2018	Filing 217 ELECTRONIC ORDER: As the Court discussed with counsel on the telephonic oral argument and status conference on July 12, 2018, the Court sets July 30, 2018 as the deadline for Plaintiff and Plaintiff's counsel to file a response to Defendants' Motion for Sanctions #215 , and Defendants must file any reply by August 13, 2018, after which the Court will determine whether a hearing on the Motion for Sanctions is necessary and appropriate. The Court defers ruling on the Motion to Withdraw as Attorneys of Record for Plaintiff Pascual Ecoquij-Tzep #213 pending the resolution of the Motion for Sanctions #215 . The Court also abates all other pending and unexpired deadlines, including the July 31, 2018 deadlines to respond to Defendants' motions for summary judgment, the July 16, 2018 deadlines to file a written response to the Court's Show Cause Order #207 and an amended version of Plaintiff's Status Report Regarding Plaintiff's Motion to Compel #209 , and the July 20, 2018 deadlines for completion of discovery and filing any dispositive motions or motions not otherwise covered, and the Court cancels the October 29, 2018 jury trial setting, the October 18, 2018 final pretrial conference, and all other pretrial deadlines set by the Court's Amended Order Setting Case for Trial #115 . Because the Court is abating briefing, the Court will also terminate the pending motions for summary judgment and amended motion to compel for administrative purposes only. The show cause hearing set for July 18, 2018 at 2:00 p.m. -- at which Plaintiff Pascual Ecoquij-Tzep has been ordered to appear at this hearing, then and there to show cause why he should not be sanctioned under Federal Rule of Civil Procedure 16(f) for his failure to personally appear and participate in the court-ordered settlement conference -- will go forward. (Ordered by Magistrate Judge David L. Horan on 7/12/2018.)
July 12, 2018	Filing 216 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Motion Hearing by phone held on 7/12/2018 re #213 Motion to Withdraw as Attorney filed by Pascual Ecoquij-Tzep. Attorney Appearances: Plaintiff - Robert Manteuffel, Joshua Petersen; Defense - Xenos Man-Wah Yuen. (Court Reporter: Digital File) (No exhibits) Time in Court - :24. (kkf)
July 9, 2018	Filing 215 *WITHDRAWN PER #215 ORDER* RESPONSE re: #213 MOTION to Withdraw as Attorney of Record for Plaintiff Pascual Ecoquij-Tzep and MOTION for Sanctions and Memorandum in Support filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit H) (Yuen, Xenos) Modified to add Motion for Sanctions relief on 7/18/2018 (mcrd). Modified on 7/19/2018 (zkc).
July 6, 2018	Filing 214 ELECTRONIC ORDER: The Court will hold a telephonic hearing on the Motion to Withdraw as Attorneys of Record for Plaintiff Pascual Ecoquij-Tzep #213 on July 12, 2018 at 2:30 p.m. Plaintiff's counsel and Defendants' counsel must participate. If Plaintiff's counsel, through their continuing efforts, reestablish contact with Mr. Ecoquij-Tzep before this hearing, they must file a supplement to their motion to withdraw as soon as possible, and, if Mr. Ecoquij-Tzep is located but Plaintiff's counsel would still seek to withdraw, the Court will reschedule the hearing to take place in person and with Mr. Ecoquij-Tzep in attendance. Further, the Court will extend certain pending deadlines as follows to accommodate these apparently changed and possibly fluid circumstances: Completion of Discovery -- July 20, 2018; Dispositive Motions -- July 20, 2018; Motions not otherwise covered -- July 20, 2018; File written explanation for failure to appear at settlement conference -- July 16, 2018; File amended status report regarding Plaintiff's Motion to Compel #209 -- July 16, 2018. (Ordered by Magistrate Judge David L. Horan on 7/6/2018.)
July 6, 2018	Filing 213 MOTION to Withdraw as Attorney of Record for Plaintiff Pascual Ecoquij-Tzep filed by Pascual Ecoquij-Tzep with Brief/Memorandum in Support. (Petersen, Joshua)
July 5, 2018	Filing 212 ELECTRONIC ORDER: In compliance with the requirements of the Standing Order on Non-Dispositive Motions #19 , Plaintiff must, by July 12, 2018, file an amended version of its Status Report Regarding Plaintiff's Motion to Compel #209 that includes all arguments and authorities on which each party relies and any supporting evidence and affidavits in a separate joint appendix. Defendants are reminded that the Court's standing order requires that they cooperate in the joint report's and joint appendix's preparation and must sign the report and that these requirements replace the separate filing of a response and a reply and allow the Court to act on the motion without waiting out Local Civil Rule 7.1's default 35-day period for a response and reply. See Dkt. Nos. 19 & 130. (Ordered by Magistrate Judge David L. Horan on 7/5/2018.)
June 29, 2018	Filing 211 Appendix in Support filed by Pascual Ecoquij-Tzep re #210 Status Report, #209 Amended MOTION to Compel (Petersen, Joshua)
June 29, 2018	Filing 210 STATUS REPORT Regarding Plaintiff's Amended Motion to Compel (DE 209) filed by Pascual Ecoquij-Tzep. (Petersen, Joshua)
June 29, 2018	Filing 209 Amended MOTION to Compel filed by Pascual Ecoquij-Tzep (Petersen, Joshua)
June 28, 2018	Filing 208 ORDER STRIKING #206 MOTION TO COMPEL. (Ordered by Magistrate Judge David L. Horan on 6/28/2018) (mcrd)
June 27, 2018	Filing 207 SHOW CAUSE ORDER: Plaintiff must explain in writing why he should not be sanctioned under Fed. R. Civ. P. 16(f) for his failure to appear and participate in the Settlement Conference, including not only sanctions for non-compliance with the Court's order but also attorney's fees. The written explanation must be filed no later than July 12, 2018. A show cause hearing is set for July 18, 2018 at 2:00 p.m. before Magistrate Judge David L. Horan, United States Courthouse, 1100 Commerce Street, Fifteenth Floor, Dallas, Texas 75242. Plaintiff Pascual Ecoquij-Tzep is ordered to appear at this hearing, then and there to show cause why he should not be sanctioned under Fed. R. Civ. P. 16(f) for his failure to personally appear and participate in the Settlement Conference. Plaintiff's attorney and Defendants' attorney, but not Defendants, are also ordered to appear for the show cause hearing. (Ordered by Magistrate Judge David L. Horan on 6/27/2018) (mcrd)
June 26, 2018	Filing 206 *UNFILED PER #208 ORDER* MOTION to Compel filed by Pascual Ecoquij-Tzep (Petersen, Joshua) Modified on 6/28/2018 (mcrd).
June 26, 2018	Filing 205 SETTLEMENT REPORT. The undersigned recommends that the Court sua sponte impose sanctions against Plaintiff under Fed. R. Civ. P. 16(f), for Plaintiffs failure to appear and participate in the settlement conference. (Signed by Magistrate Judge Rebecca Rutherford on 6/26/2018) (rekc)
June 26, 2018	Filing 204 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Settlement Conference not held on 6/26/2018. Attorney Appearances: Plaintiff - Robert Lee Manteuffel, Joshua Aaron Petersen; Defense - Xenos Man-Wah Yuen. (Court Reporter: Digital File) (No exhibits) Time in Court - :03. (mcrd)
June 18, 2018	Filing 203 ELECTRONIC ORDER granting Plaintiff Pascual Ecoquij-Tzep's First Motion for Extension of Time to Respond to Defendant Grand Fast Food, Inc.'s Supplemental Motion for Summary Judgment #199 . The Court determines that Ecoquij-Tzep has made the required Federal Rule of Civil Procedure 56(d) showing and ORDERS that the deadline for Plaintiff Pascual Ecoquij-Tzep to respond to Defendant Grand Fast Food, Inc.'s Supplemental Rule 56 Motion for Summary Judgment #195 , along with Defendants' Rule 56 Motion for Summary Judgment #117 , is extended to July 31, 2018 to enable Ecoquij-Tzep to conduct discovery and obtain the testimony and other evidence necessary to fully respond to this supplemental Rule 56 motion. (Ordered by Magistrate Judge David L. Horan on 6/18/2018.)
June 15, 2018	Filing 202 REPLY filed by Pascual Ecoquij-Tzep re: #199 MOTION to Extend Time to Respond to Defendant Grand Fast Food Inc.'s Supplemental Motion for Summary Judgment (Petersen, Joshua)
June 8, 2018	Filing 201 RESPONSE filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #199 MOTION to Extend Time to Respond to Defendant Grand Fast Food Inc.'s Supplemental Motion for Summary Judgment (Yuen, Xenos)
May 25, 2018	Filing 200 Appendix in Support filed by Pascual Ecoquij-Tzep re #199 MOTION to Extend Time to Respond to Defendant Grand Fast Food Inc.'s Supplemental Motion for Summary Judgment (Petersen, Joshua)
May 25, 2018	Filing 199 MOTION to Extend Time to Respond to Defendant Grand Fast Food Inc.'s Supplemental Motion for Summary Judgment filed by Pascual Ecoquij-Tzep with Brief/Memorandum in Support. (Petersen, Joshua)
May 14, 2018	Filing 198 ELECTRONIC ORDER: The Court previously ruled that "Defendants may file a supplemental or second motion for summary judgment, if appropriate based on further discovery in this matter, on (but not earlier than) July 10, 2018." Dkt. No. 146 at 26; see also Dkt. No. 148 at 3-4 ("To clarify, while the Court prospectively granted Defendants leave to file a supplemental or second motion for summary judgment, if appropriate based on further discovery in this matter, on (but not earlier than) July 10, 2018, neither that order nor Northern District of Texas Local Civil 56.2(b) precludes Defendants from filing -- on or before the July 10, 2018 dispositive motion deadline -- any other dispositive motion (other than a Federal Rule of Civil Procedure 56 motion for summary judgment) that is otherwise appropriate and compliant with the Federal Rules, Local Civil Rules, and orders and standing orders entered in this case."). The Court later ruled that, under Federal Rule of Civil Procedure 54(b), "the Court may appropriately reconsider whether that portion of the Defendants' Rule 56 Motion for Summary Judgment should be separately briefed and determined in advance of the July 31, 2018 response deadline that the Court has otherwise set. See Dkt. No. 146. Accordingly, the Court ORDERS that [Plaintiff Pascual] Ecoquij-Tzep must file a supplement to his [Federal Rule of Civil Procedure] 56(d) motion by a date no later than 7 days after the date of completion of all of Defendants' depositions and therein explain what, if any, additional discovery Ecoquij-Tzep is seeking and needs to be able to respond to the portion of Defendants' Rule 56 Motion for Summary Judgment asserting that there is no genuine issue of material fact as to whether Ecoquij-Tzep can establish that Defendants comprise a joint enterprise as defined by the FLSA." Dkt. No. 159 at 3. To be clear, the extended July 31, 2018 summary judgment response deadline and the bar on Defendants' filing any supplemental or second motion for summary judgment before July 10, 2018 both remain in place. After considering the court-ordered Rule 56(d) supplemental briefing, see Dkt. Nos. 180, 187, & 189, the Court determines that, although Defendant Grand Fast Food, Inc. has now filed a Supplemental Rule 56 Motion for Summary Judgment #195 well before July 10, 2018, that supplemental Rule 56 motion will not be stricken and ordered unfiled at this time. Rather, the Court believes that it requires additional information from Ecoquij-Tzep to determine whether to continue to apply the extended summary judgment response deadline of July 31, 2018 to Grand Fast Food, Inc. and therefore orders that Ecoquij-Tzep must file any Rule 56(d) motion as to this Supplemental Rule 56 Motion for Summary Judgment #195 by May 25, 2018. If Ecoquij-Tzep files a Rule 56(d) motion, Grand Fast Food, Inc. must file a response by June 8, 2018, and Ecoquij-Tzep must file a reply by June 15, 2018. The Court abates any other further briefing or action on Grand Fast Food, Inc.'s Supplemental Rule 56 Motion for Summary Judgment #195 at this time. (Ordered by Magistrate Judge David L. Horan on 5/14/2018.)
May 11, 2018	Filing 197 Appendix in Support filed by Grand Fast Food Inc re #196 Brief/Memorandum in Support of Motion, #195 Supplemental MOTION for Summary Judgment (Attachments: #1 Exhibit(s) Appendix A, #2 Exhibit(s) Appendix B, #3 Exhibit(s) Appendix C, #4 Exhibit(s) Appendix D) (Yuen, Xenos)
May 11, 2018	Filing 196 Brief/Memorandum in Support filed by Grand Fast Food Inc re #195 Supplemental MOTION for Summary Judgment (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B) (Yuen, Xenos)
May 11, 2018	Filing 195 Supplemental MOTION for Summary Judgment filed by Grand Fast Food Inc with Brief/Memorandum in Support. (Yuen, Xenos)
May 10, 2018	Filing 194 ORDER: Settlement Conference reset for 6/26/2018 09:30 AM in US Courthouse, Courtroom 1310, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 5/10/2018) (zkc)
May 8, 2018	Filing 193 ELECTRONIC ORDER granting #192 Motion to Continue. The Settlement Conference set for May 9, 2018 is hereby continued and will be reset by separate order to a date between June 25, 2018 and June 29, 2018. (Ordered by Magistrate Judge Rebecca Rutherford on 5/8/18)
May 8, 2018	Filing 192 Agreed MOTION to Continue the Settlement Conference filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Yuen, Xenos)
May 4, 2018	Filing 191 NOTICE of Availability Regarding Settlement Conference re: #188 Order Setting Deadline/Hearing, filed by Pascual Ecoquij-Tzep (Manteuffel, Robert)
May 3, 2018	Filing 190 NOTICE of Calendar Conflict Regarding Settlement Conference Due to Trial re: #188 Order Setting Deadline/Hearing, filed by Pascual Ecoquij-Tzep (Manteuffel, Robert)
April 26, 2018	Filing 189 REPLY filed by Pascual Ecoquij-Tzep re: #180 Plaintiff's Supplemental Brief in Support of First Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment. (Petersen, Joshua) Modified linkage and text on 4/27/2018 (mcrd).
April 12, 2018	Filing 188 ORDER: Settlement Conference set for 5/9/2018 09:30 AM in US Courthouse, Courtroom 1310, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 4/12/2018) (epm) Modified hearing judge on 4/16/2018 (svc).
April 12, 2018	Filing 187 REPLY filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #180 Brief/Memorandum in Support of Motion, (Yuen, Xenos)
April 11, 2018	Filing 186 ELECTRONIC ORDER: Telephone Conference set for 4/12/2018 at 2:00 PM before Magistrate Judge Rebecca Rutherford re: settlement conference. Plaintiff's counsel shall conference in defense counsel so that all attorneys are on one call prior to calling chambers at (214) 753-2409. Any questions regarding this order should be directed to the law clerk at (214) 753-2411. (Ordered by Magistrate Judge Rebecca Rutherford on 4/11/2018) (chmb)
April 10, 2018	Filing 185 MEMORANDUM OPINION AND ORDER DENYING #163 LEAVE TO FILE COUNTER-CLAIM AND #165 MOTION FOR DECLARATORY JUDGMENT. (Ordered by Magistrate Judge David L. Horan on 4/10/2018) (mcrd)
April 10, 2018	Filing 184 ELECTRONIC ORDER: The Court previously ordered that Plaintiff Pascual "Ecoquij-Tzep must file a supplement to his Rule 56(d) motion by a date no later than 7 days after the date of completion of all of Defendants' depositions and thereinexplain what, if any, additional discovery Ecoquij-Tzep is seeking and needs to be able to respond to the portion of Defendants' Rule 56 Motion for Summary Judgment asserting that there is no genuine issue of material fact as to whether Ecoquij-Tzep can establish that Defendants comprise a joint enterprise as defined by the FLSA" and explained that, "[a]fter reviewing this supplement, the Court will issue appropriate orders, including, if necessary, a briefing order setting a deadline for Defendants to respond to Ecoquij-Tzep's supplement." Dkt. No. 159 at 3-4. Ecoquij-Tzep filed the required supplemental brief on April 5, 2018. See Dkt. No. 180. The Court now directs that Defendants may file a response to Plaintiff's Supplemental Brief in Support of First Motion for Extension of Time to Respond To Defendants' Motion for Summary Judgment #180 by no later than April 19, 2018, and Ecoquij-Tzep may file a reply by no later than April 26, 2018. (Ordered by Magistrate Judge David L. Horan on 4/10/2018.)
April 6, 2018	Filing 183 ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE: This matter is REFERRED to United States Magistrate Judge Rebecca Rutherford for a settlement conference. The parties are DIRECTED to coordinate with Judge Rutherford's chambers to schedule a settlement conference on a mutually agreeable date no later than May 15, 2018. (Ordered by Magistrate Judge David L. Horan on 4/6/2018) (mcrd)
April 6, 2018	Filing 182 ELECTRONIC ORDER granting in part and denying in part #171 Plaintiff Pascual Ecoquij-Tzep's Motion for Entry of Order Requiring Parties to Mediate Within Forty-Five Days. The Court will refer this matter to a settlement conference with a magistrate judge to take place by May 15, 2018. After that is concluded, if the case does not settle, the Court will determine whether the parties will still be required to mediate the case with the agreed-on mediator, Tom Fuller, by June 15, 2018. (Ordered by Magistrate Judge David L. Horan on 4/6/2018.)
April 6, 2018	Filing 181 MEMORANDUM OPINION AND ORDER: The Court DENIES Defendants' Fourth Motion to Dismiss under Rule 12(b)(1) [Dkt. No. #169 ]. (Ordered by Magistrate Judge David L. Horan on 4/6/2018) (mcrd)
April 5, 2018	Filing 180 Supplemental Brief/Memorandum in Support filed by Pascual Ecoquij-Tzep re #138 First MOTION for Extension of Time to File Respond #117 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Petersen, Joshua) Modified text on 4/27/2018 (mcrd).
March 30, 2018	Filing 179 REPLY filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #177 Response/Objection (Yuen, Xenos)
March 22, 2018	Filing 178 REPLY filed by Pascual Ecoquij-Tzep re: #171 MOTION for Entry of Order Requiring Parties to Mediate Within Forty-Five Days (Petersen, Joshua)
March 22, 2018	Filing 177 RESPONSE filed by Pascual Ecoquij-Tzep re: #169 Fourth MOTION to Dismiss UNDER RULE 12(b)(1) AND MEMORANDUM IN SUPPORT OF MOTION TO DISMISS (Petersen, Joshua)
March 22, 2018	Filing 176 RESPONSE filed by Pascual Ecoquij-Tzep re: #163 MOTION for Leave to File Defendant Grand Fast Food Inc. First Counter-Claim For Declaratory Judgment and Relief (Petersen, Joshua)
March 15, 2018	Filing 175 RESPONSE filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #171 MOTION for Entry of Order Requiring Parties to Mediate Within Forty-Five Days (Yuen, Xenos)
March 14, 2018	Filing 174 ELECTRONIC ORDER: Plaintiff Pascual Ecoquij-Tzep has filed a Motion for Entry of Order Requiring Parties to Mediate Within Forty-Five Days #171 . Defendants must file a written response to the motion by March 19, 2018. Plaintiff may file a reply brief, but no additional evidence, by March 22, 2018. No supplemental pleadings, briefs, or evidence or other documents may be filed in connection with the motion or response thereto without leave of court. (Ordered by Magistrate Judge David L. Horan on 3/14/2018) (chmb)
March 13, 2018	Filing 173 Appendix in Support filed by Pascual Ecoquij-Tzep re #172 Status Report, #171 MOTION for Entry of Order Requiring Parties to Mediate Within Forty-Five Days (Petersen, Joshua)
March 13, 2018	Filing 172 STATUS REPORT Plaintiff's Status Report Regarding Plaintiff's Motion for Entry of Order Requiring Parties to Mediate Within Forty-Five Days filed by Pascual Ecoquij-Tzep. (Petersen, Joshua)
March 8, 2018	Filing 171 MOTION for Entry of Order Requiring Parties to Mediate Within Forty-Five Days filed by Pascual Ecoquij-Tzep (Petersen, Joshua)
March 7, 2018	Filing 170 ELECTRONIC ORDER: Plaintiff must file a response to Defendants' Fourth Motion to Dismiss under Rule 12(b)(1) by March 22, 2018, and Defendants must file a reply by April 5, 2018. (Ordered by Magistrate Judge David L. Horan on 3/7/2018.)
March 1, 2018	Filing 169 Fourth MOTION to Dismiss Under 12(b)(1) and Memorandum in Support of Motion to Dismiss filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Yuen, Xenos) Modified text on 3/2/2018 (mcrd).
March 1, 2018	Filing 168 ELECTRONIC ORDER: Plaintiff must file a response to Defendant Grand Fast Food Inc.'s Motion for Leave To File Counterclaims #163 by March 22, 2018, and Defendant Grand Fast Food Inc. must file a reply by April 5, 2018. Because leave to file is being sought by this motion and has not been granted, Defendant Grand Fast Food Inc.'s filing of its First Counter-Claim for Declaratory Judgment and Relief as Dkt. No. #165 will be treated only as the proposed pleading that Defendant is seeking to leave to file -- that is, it is effectively an exhibit to the Motion for Leave To File Counterclaims #163 . Unless the Court grants leave to file, the First Counter-Claim for Declaratory Judgment and Relief #165 is not a live pleading, and no answer to it is required. Similarly, any briefing deadlines on Defendant Grand Fast Food Inc.'s Rule 57 and 28 U.S.C. 2201-2202 Second Expedited Motion for Declaratory Judgment #165 are abated pending the Court's decision on the Defendant Grand Fast Food Inc.'s Motion for Leave To File Counterclaims #163 . (Ordered by Magistrate Judge David L. Horan on 3/1/2018.)
March 1, 2018	Filing 167 Appendix in Support filed by Grand Fast Food Inc re #165 Second Expedited MOTION for Declaratory Judgment. (Yuen, Xenos) Modified linkage and text on 3/2/2018 (mcrd).
March 1, 2018	Filing 166 Brief/Memorandum in Support filed by Grand Fast Food Inc re #165 Second Expedited MOTION for Declaratory Judgment (Yuen, Xenos) Modified text on 3/2/2018 (mcrd).
March 1, 2018	Filing 165 Second Expedited MOTION for Declaratory Judgment filed by Grand Fast Food Inc. (Yuen, Xenos) Modified text on 3/2/2018 (mcrd).
March 1, 2018	Filing 164 Additional Attachments to #163 MOTION for Leave to File Counter-claims against Pascual Ecoquij-Tzep filed by Grand Fast Food Inc (Yuen, Xenos) Modified text and linkage on 3/2/2018 (mcrd).
March 1, 2018	Filing 163 MOTION for Leave to File Counter-Claims with Memorandum in Support filed by Grand Fast Food Inc (Yuen, Xenos) Modified text on 3/2/2018 (mcrd).
February 28, 2018	Filing 162 NOTICE of Plaintiff's Counsel Has Not Received Any Signed Consent Forms filed by Pascual Ecoquij-Tzep (Petersen, Joshua)
February 16, 2018	Filing 161 AMENDED ANSWER filed by Grand Fast Food Inc re: #84 Amended Complaint (Yuen, Xenos) Modified text due to incorrect event used on 2/22/2018 (mcrd).
February 12, 2018	Filing 160 ORDER denying without prejudice #153 Expedited Motion for Declaratory Judgment. The Court will permit Defendants Le Arlington, Inc. d/b/a/ MW Hawaiian Grill also d/b/a MW's Hawaiian Grill also d/b/a Little Tokyo and f/k/a Shun Far El Paso, Inc., Grand Fast Food, Shizhong Zhang, Ying Hui Wang, and Kong Shen Wan to file an answer out-of-time at this point by no later than February 20, 2018 but any newly-added counterclaim will require a motion for leave to amend. The Court STRIKES Defendant Grand Fast Food Inc. d/b/a Famous Cajun Grill and also d/b/a Famous Wok's ("Grand Fast Food") Counter-Claim for Declaratory Judgment and Relief [Dkt. No. #151 ], and the Clerk of the Court is directed to note on the docket that this document has been unfiled. (Ordered by Magistrate Judge David L. Horan on 2/12/2018) (zkc) (Main Document 160 replaced on 2/21/2018) (mcrd). Modified text on 2/21/2018 (mcrd).
February 9, 2018	Filing 159 ORDER granting #152 Motion to Alter or Amend Order Regarding Phase 2 Depositions of Defendants and to Approve Interpreter; denying #156 Motion for Rule 11 Sanctions. The Court ORDERS that Ecoquij-Tzep must file a supplement to his Rule 56(d) motion by a date no later than 7 days after the date of completion of all of Defendants' depositions. (Ordered by Magistrate Judge David L. Horan on 2/9/2018) (zkc)
February 9, 2018	Filing 158 Appendix in Support filed by Pascual Ecoquij-Tzep re #152 MOTION to Amend/Correct #136 Order Setting Deadline/Hearing, Terminate Motions, Regarding Phase 2 Depositions of Defendants and to Approve Interpreter, #157 Status Report. (Petersen, Joshua)
February 9, 2018	Filing 157 STATUS REPORT Regarding Plaintiff's Motion to Alter or Amend Order Regarding Phase 2 Depositions of Defendants and to Approve Interpreter filed by Pascual Ecoquij-Tzep. (Petersen, Joshua)
February 7, 2018	Filing 156 RESPONSE filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #152 MOTION to Amend/Correct #136 Order Regarding Phase 2 Depositions of Defendants and to Approve Interpreter (Yuen, Xenos) Modified text on 2/8/2018 (rekc).
February 6, 2018	Filing 155 Appendix in Support filed by Grand Fast Food Inc re #153 Rule 57 and 28 USC 2201-2202 Expedited MOTION for Declaratory Judgment. (Yuen, Xenos) Modified text on 2/20/2018 (mcrd).
February 6, 2018	Filing 154 Brief/Memorandum in Support filed by Grand Fast Food Inc re #153 Rule 57 and 28 USC 2201-2202 Expedited MOTION for Declaratory Judgment (Yuen, Xenos) Modified text on 2/20/2018 (mcrd).
February 6, 2018	Filing 153 Rule 57 and 28 USC 2201-2202 Expedited MOTION for Declaratory Judgment filed by Grand Fast Food Inc. (Yuen, Xenos) Modified text on 2/20/2018 (mcrd).
February 6, 2018	Filing 152 MOTION to Amend/Correct #136 Order Setting Deadline/Hearing, Terminate Motions Regarding Phase 2 Depositions of Defendants and to Approve Interpreter filed by Pascual Ecoquij-Tzep with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Petersen, Joshua)
February 1, 2018	Filing 151 *STRICKEN/UNFILED PER #160 ORDER* COUNTERCLAIM for Declaratory Judgment and Relief against All Plaintiffs filed by Grand Fast Food Inc (Yuen, Xenos) Modified text on 2/5/2018 (mcrd). Modified on 2/13/2018 (zkc).
February 1, 2018	Filing 150 NOTICE of Delivery of the Original Transcript of the Oral Deposition of Pascual Ecoquij-Tzep filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Yuen, Xenos) Modified on 2/5/2018 (mcrd).
January 26, 2018	Filing 149 ORDER denying #147 Motion for Reconsideration. (Ordered by Magistrate Judge David L. Horan on 1/26/2018) (mcrd)
January 25, 2018	Filing 147 MOTION for Reconsideration re #146 Memorandum Opinion and Order,, Modify Hearings/Deadlines, filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Yuen, Xenos)
January 23, 2018	Filing 146 MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff Pascual Ecoquij-Tzep's First Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment [Dkt. No. #138 ] and ORDERS that the deadline for Plaintiff Pascual Ecoquij-Tzep to respond to Defendants' Rule 56 Motion for Summary Judgment [Dkt. No. #117 ] is extended to July 31, 2018 - 21 days after the current deadline to file dispositive motions - so that Ecoquij-Tzep may take the depositions and conduct other discovery necessary to respond to and provide the evidence required for the Court to decide Defendants' MSJ pursuant to the applicable law and a complete factual record - and that Defendants may file a supplemental or second motion for summary judgment, if appropriate based on further discovery in this matter, on (but not earlier than) July 10, 2018. (Ordered by Magistrate Judge David L. Horan on 1/23/2018) (epm)
January 19, 2018	Filing 145 REPLY filed by Pascual Ecoquij-Tzep re: #138 MOTION for Extension of Time to File Response/Reply to #118 Brief/Memorandum in Support of Motion, #117 MOTION for Summary Judgment , #119 Appendix in Support, (Petersen, Joshua)
January 11, 2018	Filing 144 Appendix in Support filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re #143 Response/Objection, (Attachments: #1 Affidavit(s) XENOS YUEN AFFIDAVIT for 56(d) motion, #2 Written Deposition of Ying Wang) (Yuen, Xenos)
January 11, 2018	Filing 143 RESPONSE filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #138 MOTION for Extension of Time to File Response/Reply #117 MOTION for Summary Judgment. (Yuen, Xenos) Modified text on 1/16/2018 (mcrd).
January 5, 2018	Filing 142 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Telephone Conference held on 1/5/2018. Attorney Appearances: Plaintiff - Robert Lee Manteuffel; Defense - Xenos Man-Wah Yuen. (Court Reporter: Digital File) (No exhibits) Time in Court - :12. (mcrd)
December 29, 2017	Filing 141 ELECTRONIC ORDER: The Court will conduct a telephone conference with counsel for Defendants and for Plaintiff at 10:00 a.m. Central on January 5, 2018 to discuss any issues concerning the scheduling of Defendants' depositions. (Ordered by Magistrate Judge David L. Horan on 12/29/2017.)
December 29, 2017	Filing 140 NOTICE of Request for Telephone Conference with the Court Regarding the Scheduling of the Defendants' Depositions re: #136 Order filed by Pascual Ecoquij-Tzep (Attachments: #1 Exhibit(s) A) (Manteuffel, Robert) Modified text on 1/2/2018 (mcrd).
December 28, 2017	Filing 139 Appendix in Support filed by Pascual Ecoquij-Tzep re #138 MOTION for Extension of Time to Respond to #117 MOTION for Summary Judgment. (Petersen, Joshua) Modified on 12/29/2017 (mcrd).
December 28, 2017	Filing 138 MOTION for Extension of Time to Respond to #117 MOTION for Summary Judgment filed by Pascual Ecoquij-Tzep. (Petersen, Joshua) Modified on 12/29/2017 (mcrd).
December 21, 2017	Filing 137 MEMORANDUM OPINION AND ORDER denying #93 Defendants' Amended Third Motion to Dismiss. (Ordered by Magistrate Judge David L. Horan on 12/21/2017) (mcrd)
December 18, 2017	Filing 136 ORDER ON PENDING NON-DISPOSITIVE MOTIONS & OTHER MATTERS: The Court determines that an order staying discovery under Federal Rule of Civil Procedure 26(c) would be inappropriate and DENIES Defendants' Emergency Motion to Stay Discovery [Dkt. No. #121 ]. The Court GRANTS in part and DENIES in part Defendants' Motion for Protective Order [Dkt. No. #127 ] and ORDERS that the depositions of Defendants LE Arlington, Inc., Grand Fast Food Inc., Shizhong Zhang, Ying Hui Wang, and Kong Shen Wang will not go forward as noticed on December 27, 2017 but that during a single week between now and February 10, 2018, to be agreed on by Plaintiff's counsel and Defendants' counsel and then noticed by Plaintiff. Plaintiff must file any Rule 56(d) motion by December 28, 2017, Defendants must file a response by January 12, 2018, and Plaintiff must file any reply by January 19, 2018. The Court will abate briefing on Defendants' Rule 56 Motion for Summary Judgment [Dkt. No. #117 ] pending the Court's ruling on Plaintiff's Rule 56(d) request. (Ordered by Magistrate Judge David L. Horan on 12/18/2017) (mcrd)
December 15, 2017	Filing 135 REPLY filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #121 Emergency MOTION to Stay re #114 Scheduling Order. (Yuen, Xenos)
December 15, 2017	Filing 134 ORDER granting #133 Unopposed Motion to Extend Mailing Date Deadline. (Ordered by Magistrate Judge David L. Horan on 12/15/2017) (mcrd)
December 15, 2017	Filing 133 Unopposed MOTION to Extend Time for Mailing Date Deadline filed by Pascual Ecoquij-Tzep (Petersen, Joshua)
December 15, 2017	Filing 132 NOTICE of Attorney Appearance by Xenos Man-Wah Yuen for Trevin R. Ware on behalf of Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang. (Yuen, Xenos)
December 14, 2017	Filing 131 Joint STATUS REPORT REGARDING DEFENDANTS MOTION FOR PROTECTIVE ORDER AND PLAINTIFFS MOTION TO EXTEND REMAINING DEADLINES COURT AUTHORIZED NOTICE PERIOD UNDER AMENDED SCHEDULING ORDER filed by Grand Fast Food Inc, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang, Pascual Ecoquij-Tzep. (Yuen, Xenos) Modified filer on 12/15/2017 (awc).
December 12, 2017	Filing 130 ELECTRONIC ORDER: Defendants have re-filed their Motion for Protective Order #127 accompanied by a Defendants' Proposed Joint Status Report re Discovery Pursuant to the Amended Phase 2 Scheduling Order #128 . This does not comply with the Standing Order on Non-Dispositive Motions #19 . To clarify, the purpose of the Standing Order's joint status report requirement for each discovery or other non-dispositive motion is to require the parties to meaningfully confer and resolve as many disputes in advance of filing a non-dispositive motion and then, when the motion is filed, to require the moving party to include all parties' arguments and positions and authorities in a single document (the joint status report) -- signed by all parties or counsel affected by the motion and accompanied by a single, separate appendix that includes all exhibits for the moving and opposing parties -- that replaces the separate filing of a response and a reply and allows the Court to act on the motion without waiting out Local Civil Rule 7.1's default 35-day period for a response and reply. The movant must coordinate with any party opposing the motion to include the opposing party's arguments in a single joint status report on the matter in dispute in the motion. A joint status report under the Standing Order does not require the parties to report on the overall status of discovery or the case each time a party files a motion; rather, it is a substitute for the usual motion-response-reply separate briefing sequence and allows the Court to more expeditiously address and resolve the real disputes at issue on a motion. An example of a joint status report filed with a discovery motion pursuant to Standing Order on Non-Dispositive Motions #19 is the report and appendix that accompanies Plaintiff's Motion to Compel Defendant to Respond to Requests for Production and Interrogatories #30 . See Dkt. Nos. 30-1 & 31. Defendants must file the required joint report -- and, if any party wishes to submit exhibits, joint appendix -- for their Motion for Protective Order #127 by December 15, 2017. Separately, regarding Plaintiff's Notice of Non-Compliance Regarding the Provision of Employee Information #125 , if issues remain regarding Defendants' production of the required Employee Information by December 8, 2017 as ordered, the parties must confer by telephone in an attempt to resolve any issues or misunderstandings. If a dispute remains on that matter, a party may file an appropriate motion that complies with the Standing Order's requirements, including those explained above. (Ordered by Magistrate Judge David L. Horan on 12/12/2017.)
December 12, 2017	Filing 129 RESPONSE filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #125 Notice (Other) (Attachments: #1 Exhibit(s) Exhibit A_Defendants Response to P's Notice of NON-COMPLIANCE REGARDING THE PROVISION OF EMPLOYEE INFORMATION) (Yuen, Xenos)
December 12, 2017	Filing 128 Proposed STATUS REPORT Re Discovery Pursuant to the Amended Phase 2 Scheduling Order filed by Grand Fast Food Inc, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang. (Attachments: #1 Exhibit(s) Exhibit A_Defendant Proposed Joint Status Report Re Discovery Pursuant to the Amended Phase 2 Scheduling Order, #2 Exhibit(s) Exhibit B_Defendant Proposed Joint Status Report Re Discovery Pursuant to the Amended Phase 2 Scheduling Order) (Yuen, Xenos)
December 12, 2017	Filing 127 MOTION for Protective Order & Memorandum in Support of Motion for Protective Order filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Exhibit(s) Exhibit A_Defendant's Motion for Protective Order, #2 Exhibit(s) Exhibit B_Defendant's Motion for Protective Order, #3 Exhibit(s) Exhibit C_Defendant's Motion for Protective Order, #4 Proposed Order Proposed Order_Defendant's Motion for Protective Order) (Yuen, Xenos)
December 12, 2017	Filing 126 RESPONSE filed by Pascual Ecoquij-Tzep re: #121 Emergency MOTION to Stay re #114 Scheduling Order,, (Attachments: #1 Exhibit(s) A) (Petersen, Joshua)
December 11, 2017	Filing 125 NOTICE of Non-Compliance Regarding the Provision of Employee Information re: #114 Scheduling Order, filed by Pascual Ecoquij-Tzep (Petersen, Joshua)
December 11, 2017	Filing 124 ORDER STRIKING AND UNFILING DEFENDANTS' #123 MOTION: Because Defendants' Motion for Protective Order was filed without the required joint status report, it is STRICKEN from the record in this case. Defendants may refile the motion, but only if the refiling complies with the Standing Order's requirements. The clerk is directed to note on the docket that this document have been unfiled. (Ordered by Magistrate Judge David L. Horan on 12/11/2017) (ran)
December 8, 2017	Filing 123 *STRICKEN AND UNFILED PER #124 ORDER* MOTION for Protective Order filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Proposed Order Order) (Yuen, Xenos)
December 6, 2017	Filing 122 ELECTRONIC ORDER: Plaintiff must file a response to Defendants' Emergency Motion to Stay Discovery #121 by December 12, 2017, and Defendants must file any reply by December 15, 2017. The existing deadlines remain in place unless and until the Court issues a stay on this motion or otherwise. The Court further notes that the issues raised in Defendants' Amended Third Motion to Dismiss #93 and Defendants' Rule 56 Motion For Summary Judgment #118 do not implicate the Court's subject matter jurisdiction over this case. See Ecoquij-Tzep v. Le Arlington, Inc., No. 3:16-cv-625-BN, 2017 WL 4539430, at 3 (N.D. Tex. Oct. 11, 2017) ("Enterprise coverage is an element of a claim rather than a jurisdictional prerequisite."); Ecoquij-Tzep v. Hawaiian Grill, No. 3:16-cv-625-BN, 2016 WL 8674569, at 2 (N.D. Tex. Dec. 16, 2016) (same); Devore v. Lyons, No. 3:16-cv-1083-BN 2016 WL 6277810, at 5 (N.D. Tex. Oct. 25, 2016) ("The court's subject matter jurisdiction does not turn on whether Plaintiff has alleged facts that demonstrate coverage under the [Fair Labor Standards Act], a federal statute, but on whether her well-pleaded complaint asserts a federal-question cause of action. Because Plaintiff's well-pleaded complaint asserts a claim under the FLSA, she has invoked this court's federal question jurisdiction and Defendant's motion to dismiss for lack of subject matter jurisdiction lacks merit. Moreover, jurisdiction under the federal question statute is not defeated by the possibility that the averments, upon close examination, might be determined not to state a cause of action." (citations and internal quotation marks omitted)); Avalos v. Brackett, No. 3:12-cv-1865-BN, 2014 WL 1922217, at 2 (N.D. Tex. May 14,2014) ("Enterprise coverage is an element of a claim rather than a jurisdictional prerequisite. Defendant appears to incorrectly consider enterprise coverage to be jurisdictional rather than an element of an FLSA claim. But, because Defendant has properly moved to dismiss pursuant to Rule 12(b)(6) and has not asked the Court to consider documents beyond the pleadings, there is no reason to deny Defendant's Motion to Dismiss as procedurally improper." (citations and internal quotation marks omitted)). (Ordered by Magistrate Judge David L. Horan on 12/6/2017.)
December 6, 2017	Filing 121 Emergency MOTION to Stay re #114 Scheduling Order,, filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Proposed Order ORDER GRANTING MOTION TO STAY DISCOVERY) (Yuen, Xenos)
December 4, 2017	Filing 120 REPLY filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #90 Third Rule 12(b)(6) MOTION to Dismiss, #93 Amended Third MOTION to Dismiss (Yuen, Xenos)
December 1, 2017	Filing 119 Appendix in Support filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re #118 Brief/Memorandum in Support of Motion, #117 MOTION for Summary Judgment by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Yuen, Xenos)
December 1, 2017	Filing 118 Brief/Memorandum in Support filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re #117 MOTION for Summary Judgment (Attachments: #1 Affidavit(s) Defendant MSJ_Exhibit A, #2 Affidavit(s) Defendant MSJ_Exhibit B, #3 Affidavit(s) Defendant MSJ_Exhibit C) (Yuen, Xenos)
December 1, 2017	Filing 117 MOTION for Summary Judgment filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang with Brief/Memorandum in Support. (Yuen, Xenos)
November 28, 2017	Filing 116 RESPONSE filed by Pascual Ecoquij-Tzep re: #93 Amended Third MOTION to Dismiss (Petersen, Joshua)
November 28, 2017	Filing 115 AMENDED ORDER SETTING CASE FOR TRIAL: Jury Trial set for 10/29/2018 09:00 AM before Magistrate Judge David L. Horan. Pretrial Conference set for 10/18/2018 10:00 AM before Magistrate Judge David L. Horan. Pretrial Materials due by 10/15/2018. Pretrial Order due by 10/15/2018. Trial related Motions due by 10/8/2018. Responses due by 10/15/2018. (Ordered by Magistrate Judge David L. Horan on 11/28/2017) (mcrd)
November 28, 2017	Filing 114 AMENDED PHASE 2 SCHEDULING ORDER: All remaining Phase I (class-wide) discovery and all Phase II (individualized) discovery may begin immediately and must be initiated in time to be completed by July 10, 2018. Defendants may file a motion for decertification by April 13, 2018. Plaintiff must file a response by May 4, 2018, and Defendants must file a reply, but not additional evidence, by May 18, 2018. Deadline for mediation is on or before 6/15/2018. Motions due by 7/10/2018. (Ordered by Magistrate Judge David L. Horan on 11/28/2017) (mcrd)
November 27, 2017	Filing 113 ELECTRONIC ORDER denying #103 Defendants' Motion for Leave to Appear without Designating Local Counsel. Defendants' counsel must file the entry of appearance of local counsel satisfying Local Civil Rule 83.10(a)'s requirements by December 15, 2017. (Ordered by Magistrate Judge David L. Horan on 11/27/2017.))
November 22, 2017	Filing 112 RESPONSE filed by Pascual Ecoquij-Tzep re: #109 MOTION to Amend/Correct #60 Scheduling Order, (Petersen, Joshua)
November 22, 2017	Filing 111 NOTICE of Misrepresentations in Defendants' Motion to Amend Scheduling Order re: #109 MOTION to Amend/Correct #60 Scheduling Order, filed by Pascual Ecoquij-Tzep (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Petersen, Joshua)
November 22, 2017	Filing 110 Third STATUS REPORT Regarding Contents of Scheduling Order filed by Pascual Ecoquij-Tzep. (Petersen, Joshua)
November 21, 2017	Filing 109 MOTION to Amend/Correct #60 Scheduling Order, filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Proposed Order AMENDED PHASE 2 SCHEDULING ORDER) (Yuen, Xenos)
November 15, 2017	Filing 108 PROTECTIVE ORDER. (Ordered by Magistrate Judge David L. Horan on 11/15/2017) (mcrd) Modified on 11/17/2017 (mcrd).
November 15, 2017	Filing 107 ELECTRONIC ORDER granting #105 Defendants' unopposed Motion for Protective Order. The Court will separately enter the protective order attached to the motion. (Ordered by Magistrate Judge David L. Horan on 11/15/2017.)
November 15, 2017	Filing 106 NOTICE of re: #105 Agreed MOTION for Protective Order filed by Pascual Ecoquij-Tzep (Petersen, Joshua)
November 15, 2017	Filing 105 Agreed MOTION for Protective Order filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Proposed Order AGREED PROTECTIVE ORDER) (Yuen, Xenos)
November 14, 2017	Filing 104 ELECTRONIC ORDER: After hearing argument by counsel, the Court has ordered that Plaintiff Pascual Ecoquij-Tzep's deposition will go forward on November 15, 2017 at 9:00 a.m. in Plaintiff's counsel's office with the assistance of a federal court certified translator to be arranged and provided by Defendants' counsel and with the understanding that Plaintiff's counsel may reserve any questioning of his client to any reopened deposition or separately noticed deposition. If a federal court certified translator is not available on November 15, 2017, the deposition must -- unless the parties agree otherwise -- be rescheduled to a mutually agreeable date and time on which Defendants' counsel can secure the services of a federal court certified translator. (Ordered by Magistrate Judge David L. Horan on 11/14/2017.)
November 10, 2017	Filing 103 MOTION for Leave to Appear Without Designating Local Counsel filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Yuen, Xenos) Modified text and event on 11/14/2017 (mcrd).
November 8, 2017	Filing 102 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Telephonic Motion Hearing held on 11/8/2017 re #68 Defendants' Motion To Extend Time #69 Defendants' Motion for Discovery, Motion To Extend Time, Motion for Hearing, Motion for Leave to File, Motion to Substitute Attorney #95 Defendants' Motion to Compel and #92 Plaintiff's Motion for Protective Order. Order to enter. Attorney Appearances: Plaintiff - Robert Lee Manteuffel and Joshua Aaron Peterson; Defense - Xenos Man-Wah Yuen. (Court Reporter: Digital File) (No exhibits) Time in Court - :34. (mcrd)
November 8, 2017	Filing 101 ELECTRONIC ORDER: For the reasons discussed with counsel on the November 8, 2017 telephonic conference, the Court terminates Plaintiff's Motion for Protective Order Regarding Deposition of Pascual Ecoquij-Tzep #92 , Defendants' Emergency Motion to Compel the Oral Deposition of Pascual Ecouij-Tzep and Request for Sanctions #95 , Defendants' Motion to Request Weather Delay of Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey #68 , and Defendants' Motion to Request Weather Delay of Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey #69 . Plaintiff Pascual Ecoquij-Tzep's deposition will go forward on November 15, 2017 at 9:00 a.m. in Plaintiff's counsels office with the assistance of a federal court certified translator to be arranged and provided by Defendants' counsel and with the understanding that Plaintiff's counsel may reserve any questioning of his client to any reopened deposition or separately noticed deposition. The Court will not assess any sanctions or order any fee-shifting under Federal Rules of Civil Procedure 26(c)(3) or 37(a)(5) in connection with the motions regarding Plaintiff's noticed deposition. The Court extends to December 8, 2017 the deadline for Defendants to provide Plaintiff, in electronic form, a list of the names, phone numbers, and last-known home addresses of all hourly employees employed by Defendants from March 5, 2013 to the present, including cashiers, servers and cooks, who were paid a fixed sum regardless of the total hours worked instead of being paid by the hour. The Court otherwise vacates all unexpired deadlines set by the Order Setting Case for Trial #22 and Phase 2 Scheduling Order #60 , including the trial setting, and directs counsel to confer on a new proposed scheduling order and to file a joint status report by November 22, 2017 with the proposed scheduling order. The Court terminates as moot Defendants Third Rule 12(b)(6) Motion to Dismiss #90 in light of their filing the Amended Defendants' Third Motion to Dismiss #93 . Plaintiff must file a response to the Amended Defendants' Third Motion to Dismiss #93 by November 28, 2017, and Defendants must file any reply by December 13, 2017. (Ordered by Magistrate Judge David L. Horan on 11/8/2017.)
November 6, 2017	Filing 100 ELECTRONIC ORDER: The telephonic conference set for November 7, 2017 at 1:30 p.m. is RESET to November 8, 2017 at 10:00 a.m. (Ordered by Magistrate Judge David L. Horan on 11/6/2017.)
November 6, 2017	Filing 99 REPLY filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: 97 Order Setting Deadline/Hearing. (Yuen, Xenos)
November 6, 2017	Filing 98 NOTICE of Unavailability for Conference on November 7, 2017 re: 97 Order Setting Deadline/Hearing,,,,,,,, filed by Pascual Ecoquij-Tzep (Attachments: #1 Exhibit(s) A) (Petersen, Joshua)
November 6, 2017	Filing 97 ELECTRONIC ORDER: The Court will hold a telephonic conference with Plaintiff's and Defendants' counsel on November 7, 2017 at 1:30 p.m. to discuss Plaintiff's Motion for Protective Order Regarding Deposition of Pascual Ecoquij-Tzep #92 , Defendants' Emergency Motion to Compel the Oral Deposition of Pascual Ecouij-Tzep and Request for Sanctions #95 , Defendants' Motion to Request Weather Delay of Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey #68 , and Defendants' Motion to Request Weather Delay of Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey #69 . The Court notes that these last two motions only became ripe on Friday, November 3, 2017 and have not yet been determined and that Plaintiff does not oppose at least a 30-day extension of pending, unexpired deadlines. The parties will not make any further filings as to any of these four motions, but counsel are encouraged to confer again in advance of the telephonic conference. In an effort to streamline matters and reduce the rising temperature of this matter, the Court informs the parties that Plaintiff Pascual Ecoquij-Tzep and his counsel are not subject to Federal Rule of Civil Procedure 37(d)(1)(A) sanctions because he has not yet failed to appear for his noticed deposition and where, even if he had, he has filed a Federal Rule of Civil Procedure 26(c) motion for a protective order, and Federal Rule of Civil Procedure 37(d)(2) provides that "[a] failure described in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was objectionable, unless the party failing to act has a pending motion for a protective order under Rule 26(c)." But whichever party fails to prevail on the competing motions for protective order and to compel may be subject to fee shifting under Federal Rules of Civil Procedure 26(c) and 37(a)(5) if the parties do not reach an agreed resolution before the Court must decide the disputes regarding the noticing, scheduling, and location of Plaintiff's deposition. (Ordered by Magistrate Judge David L. Horan on 11/6/2017.)
November 6, 2017	Filing 96 ELECTRONIC ORDER: The Court has reviewed Plaintiff's revised proposed notice letter and consent form #88 and determines that the proposed notice letter and consent form is sufficiently accurate and informative to advise the putative class of its rights with respect to the pending litigation. The Court therefore approves the revised proposed notice letter and consent form #88 . (Ordered by Magistrate Judge David L. Horan on 11/6/2017.)
November 3, 2017	Filing 95 Emergency MOTION to Compel the Oral Deposition of Pascual Ecouij-Tzep and Request for Sanctions with Brief in Support filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Yuen, Xenos) Modified text on 11/14/2017 (mcrd).
November 3, 2017	Filing 94 RESPONSE filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang re: #91 Notice of Request of Telephone Conference with the Court (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Yuen, Xenos) Modified on 11/14/2017 (mcrd).
November 3, 2017	Filing 93 Amended Third MOTION to Dismiss filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang with Brief/Memorandum in Support. (Attachments: #1 Brief in Support, #2 Exhibit(s) A (Yuen, Xenos) Modified text and event on 11/14/2017 (mcrd).
November 3, 2017	Filing 92 MOTION for Protective Order Regarding Notice of Deposition of Pascual Ecoquij-Tzep filed by Pascual Ecoquij-Tzep with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Petersen, Joshua)
November 3, 2017	Filing 91 NOTICE of Request for Telephone Conference with the Court filed by Pascual Ecoquij-Tzep (Attachments: #1 Exhibit(s) A) (Manteuffel, Robert) Modified text on 11/14/2017 (mcrd).
November 3, 2017	Filing 90 Third Rule 12(b)(6) MOTION to Dismiss filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang with Brief/Memorandum in Support. (Attachments: #1 Brief in Support (Yuen, Xenos) Modified on 11/14/2017 (mcrd).
November 1, 2017	Filing 89 ORDER granting #87 MOTION to Substitute Attorney. (Ordered by Magistrate Judge David L. Horan on 11/1/2017) (epm)
November 1, 2017	Filing 88 NOTICE of Filing Revised Proposed Notice Letter and Consent Form for Approval by the Court re: 86 Order Setting Deadline/Hearing,,,,,,, #61 Notice (Other) filed by Pascual Ecoquij-Tzep (Attachments: #1 Exhibit(s) A) (Petersen, Joshua)
October 31, 2017	Filing 87 Amended MOTION for Substitution of Counsel filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Proposed Order (Yuen, Xenos) Modified text on 11/14/2017 (mcrd).
October 26, 2017	Filing 86 ELECTRONIC ORDER: The Court has reviewed Plaintiff's proposed notice letter and consent form #61 , and, without objections from Defendants, the Court determines that the proposed notice letter and consent form is sufficiently accurate and informative to advise the putative class of its rights with respect to the pending litigation. The Court therefore will approve the proposed notice letter and consent form, with the exception that Plaintiff's counsel must modify the proposed notice letter and consent form to add references to the claim for violations of the Fair Labor Standards Act's minimum wage provisions, as alleged in the Third Amended Complaint #84 , and submit the revised proposed notice letter and consent form by November 1, 2017 for the Court's final approval. As presently drafted, the proposed notice letter and consent form offers potential opt-in plaintiffs the chance to "consent and agree to pursue my claims of unpaid overtime and/or minimum wage" but explains before that only that "[t]his lawsuit is for unpaid overtime wages pursuant to the Fair Labor Standards Act which may entitle you to overtime compensation for the hours, in excess of forty weekly, that you worked for the Hawaiian Grill restaurant at The Parks Mall in Arlington, Texas, which was owned by LE Arlington, Inc., from March 5, 2013 to the present" and asks opt-in plaintiffs to certify only that "I meet the following criteria: (a) I worked for the Hawaiian Grill restaurant at The Parks Mall in Arlington, Texas at some point from ________________ until ______________ and (b) during that time, I worked in excess of 40 hours per week on one or more occasions and was not paid the overtime rate of one and one-half times my regular rate." (Ordered by Magistrate Judge David L. Horan on 10/26/2017.)
October 25, 2017	Filing 85 ORDER granting #83 Motion to Substitute Counsel. (Ordered by Magistrate Judge David L. Horan on 10/25/2017) (mcrd)
October 25, 2017	Filing 84 AMENDED COMPLAINT WITH JURY DEMAND Third Amended Complaint against Grand Fast Food Inc, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang filed by Pascual Ecoquij-Tzep. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Petersen, Joshua)
October 24, 2017	Filing 83 Consent MOTION to Substitute Attorney, Lloyd Ward and Wei (Angela) Xu added attorney Xenos Man-Wah Yuen,Xenos Man-Wah Yuen,David Mullican, Jr for Pascual Ecoquij-Tzep. Motion filed by Ying Hui Wang, Shizhong Zhang, Grand Fast Food Inc, Le Arlington Inc, Kong Shen Wang, Hawaiian Grill (Attachments: #1 Proposed Order ORDER ON DEFENDANTS MOTION FOR SUBSTITUTION OF COUNSEL) (Yuen, Xenos)
October 23, 2017	Filing 82 ELECTRONIC ORDER granting #81 Application for Admission Pro Hac Vice of Xenos Man-Wah Yuen. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Magistrate Judge David L. Horan on 10/23/2017.)
October 23, 2017	Filing 81 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8756507) filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 State Bar of Texas_Good Standing Certificate)Attorney Xenos Man-Wah Yuen added to party Grand Fast Food Inc(pty:dft), Attorney Xenos Man-Wah Yuen added to party Hawaiian Grill(pty:dft), Attorney Xenos Man-Wah Yuen added to party Le Arlington Inc(pty:dft), Attorney Xenos Man-Wah Yuen added to party Shizhong Zhang(pty:dft), Attorney Xenos Man-Wah Yuen added to party Kong Shen Wang(pty:dft), Attorney Xenos Man-Wah Yuen added to party Ying Hui Wang(pty:dft) (Yuen, Xenos)
October 23, 2017	Filing 80 ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside or maintain the attorneys principal office in this district. "Local counsel" means a member of the bar of this court who resides or maintains the attorneys principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending. By November 13, 2017, Defendants' counsel must file the entry of appearance of local counsel satisfying Local Civil Rule 83.10(a)'s requirements or, under Local Civil Rule 83.10(a), a motion for leave to proceed without local counsel. (Ordered by Magistrate Judge David L. Horan on 10/23/2017.)
October 20, 2017	Filing 79 RESPONSE filed by Pascual Ecoquij-Tzep re: #69 MOTION to Request Weather Delay of Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey, #68 MOTION to Extend Time for Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey. (Petersen, Joshua) Modified text on 10/23/2017 (axm).
October 20, 2017	Filing 78 ELECTRONIC ORDER granting #67 Unopposed Motion to Withdraw as Counsel of Record for Grand Fast Food Inc. d/b/a Famous Cajun Grill and also d/b/a Famous Wok, Ying Hui Wang and Kong Shen Wang. Lloyd Ward, Wei Xu, and Ward Legal Group, PLLC are granted leave to withdraw as counsel for Defendants Grand Fast Food Inc. d/b/a Famous Cajun Grill and also d/b/a Famous Wok, Ying Hui Wang, and Kong Shen Wang and are discharged from any further responsibilities in this case. (Ordered by Magistrate Judge David L. Horan on 10/20/2017.)
October 20, 2017	Filing 77 ELECTRONIC ORDER granting #71 the Unopposed Motion to Withdraw as Counsel of Record for Le Arlington, Inc., d/b/a MW Hawaiian Grill also d/b/a MW's Hawaiian Grill also d/b/a Little Tokyo and f/k/a Shun Far El Paso, Inc. and Shizhong Zhang. Lloyd Ward, Wei Xu, and Ward Legal Group, PLLC are granted leave to withdraw as counsel for Defendants Le Arlington, Inc., d/b/a MW Hawaiian Grill also d/b/a MW's Hawaiian Grill also d/b/a Little Tokyo and f/k/a Shun Far El Paso, Inc. and Shizhong Zhang and are discharged from any further responsibilities in this case. (Ordered by Magistrate Judge David L. Horan on 10/20/2017.)
October 20, 2017	Filing 76 ELECTRONIC ORDER granting #75 Application for Admission Pro Hac Vice of David J. Mullican Jr.. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Magistrate Judge David L. Horan on 10/20/2017.)
October 19, 2017	Filing 75 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8751151) filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang (Attachments: #1 Proposed Order Order for Admission Pro Hac Vice, #2 Exhibit(s) State Bar of Texas David J. Mullican Jr. Good Standing Certificate) (Mullican, David)
October 19, 2017	Filing 74 First STATUS REPORT Updating Efforts to Seek Pro Hac Vice Admission filed by Grand Fast Food Inc, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang. (Mullican, David)
October 17, 2017	Filing 73 ELECTRONIC ORDER: David Mullican, Jr. shall file a status report by October 20, 2017, updating the Court on his efforts to seek pro hac vice admission on the court-approved form. (Ordered by Magistrate Judge David L. Horan on 10/17/2017.)
October 11, 2017	Filing 72 MEMORANDUM OPINION AND ORDER granting in part and denying in part #55 Motion to Dismiss. The Court dismisses Plaintiff Pascual Ecoquij-Tzep'senterprise coverage and joint enterprise allegations without prejudice, with leave to amend to replead by 10/25/2017. (Ordered by Magistrate Judge David L. Horan on 10/11/2017) (ykp)
October 9, 2017	Filing 71 MOTION to Withdraw as Attorney filed by Hawaiian Grill, Le Arlington Inc, Shizhong Zhang (Ward, Lloyd)
October 3, 2017	Filing 70 ELECTRONIC ORDER: Under N.D. Tex. L. Civ. R. 83.9(b), David Mullican, Jr. must seek pro hac vice admission on the court-approved form available at http://www.txnd.uscourts.gov/forms/civil, including attaching a certificate of good standing issued within the past 90 days from the attorney licensing authority in a state in which he is admitted to practice (such as the State Bar of Texas). The application should be filed by October 13, 2017. Once that is filed, the Court will act on Lloyd Ward and Ward Legal Group, PLLC's Motion to Withdraw as Counsel #67 and the Motion to Request Weather Delay of Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey #68 and to substitute counsel for Defendants #69 . (Ordered by Magistrate Judge David L. Horan on 10/3/2017.)
October 2, 2017	Filing 69 Application for Admission Pro Hac Vice without Certificate of Good Standing (Filing fee $25; Receipt number 0539-8713785), and MOTION to Request Weather Delay of Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang. (Mullican, David) Modified title and events on 10/3/2017 (awc). Modified text and event on 10/23/2017 (axm).
October 2, 2017	Filing 68 MOTION to Extend Time For Discovery Deadlines and Other Dates Due to Delay from Hurricane Harvey filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang. (ndt)
September 29, 2017	Filing 67 MOTION to Withdraw as Attorney filed by Grand Fast Food Inc (Ward, Lloyd)
September 20, 2017	Filing 66 ELECTRONIC ORDER denying Defendants' Emergency Motion to Stay Discovery #62 . The Court has broad discretion and inherent power to stay discovery while a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss is pending, but such a stay is not automatically granted whenever a motion to dismiss is pending and, in fact, is the exception rather than the rule. See Valenzuela v. Crest-Mex Corporation, No. 3:16-cv-1229-D, 2017 WL 2778104 (N.D. Tex. June 26, 2017). Defendants have not met their burden to show that their obligations to respond to Plaintiff's discovery requests should be stayed pending the disposition of Defendants' Motion to Dismiss #55 . Just as when the Court declined to deny leave to amend as futile, the Court will not make a preemptive summary judgment determination as to the merits or truth of Plaintiff's allegations in the Second Amended Complaint #49 in the context of a request to stay responses to discovery requests served consistent with the Court's Phase 2 Scheduling Order #60 . See Dkt. No. 47 at 14; cf. Velazquez v. El Pollo Regio LP, LLC, No. 3:15-cv-3170-M, 2017 WL 2289185, at *6 (N.D. Tex. May 25, 2017) ("A party cannot refuse to engage in -- and, here, should not be excused from being subjected to -- discovery simply because the discovery is relevant to a claim on which the resisting party believes that he will or should prevail." (citing Heller v. City of Dallas, 303 F.R.D. 466, 489 (N.D. Tex. 2014)). The Court finds that Defendants' assertions that the discovery requests at issue are overbroad, duplicative, and unduly burdensome do not support a stay of any obligation to respond to any of the discovery requests. Defendants may timely serve objections to any request, as proper and appropriate, and then engage in the required meaningful conference with Plaintiffs counsel before any party seeks the Court's intervention on any of those objections through a Federal Rule of Civil Procedure 26(c) or 37(a) motion filed in compliance with the requirements of the Standing Order on Non-Dispositive Motions #19 . Defendants' time period for responding to any discovery requests served on August 17, 2017 is extended by 13 days to account for the pendency of this motion to stay. (Ordered by Magistrate Judge David L. Horan on 9/20/2017.)
September 15, 2017	Filing 65 RESPONSE filed by Pascual Ecoquij-Tzep re: #62 MOTION Emergency Motion to Stay Discovery (Petersen, Joshua)
September 8, 2017	Filing 64 ELECTRONIC ORDER: Plaintiff must respond to Defendants' Emergency Motion to Stay Discovery #62 by September 15, 2017, and Defendant must file a reply by September 19, 2017. The Court temporarily abates any pending deadlines to respond to discovery requests pending a ruling on this motion under Federal Rule of Civil Procedure 26(c). The Court also notes that this motion does not comply with the requirements of the Standing Order on Non-Dispositive Motions #19 , including the filing of a joint status report. Counsel are warned that future noncompliance will result in the denial or striking and unfiling of non-dispositive motions. See Dkt. No. 19 at 9. (Ordered by Magistrate Judge David L. Horan on 9/8/2017.)
September 8, 2017	Filing 63 Appendix in Support filed by Grand Fast Food Inc re #62 MOTION Emergency Motion to Stay Discovery (Ward, Lloyd)
September 8, 2017	Filing 62 MOTION Emergency Motion to Stay Discovery filed by Grand Fast Food Inc (Ward, Lloyd)
August 16, 2017	Filing 61 NOTICE of Filing Proposed Notice Letter and Consent Form for Approval by the Court re: #60 Scheduling Order, filed by Pascual Ecoquij-Tzep (Attachments: #1 Exhibit(s) A) (Petersen, Joshua)
August 9, 2017	Filing 60 PHASE 2 SCHEDULING ORDER: Discovery due by 1/8/2018. Deadline for mediation is on or before 1/15/2018. Dispositive Motions due by 2/6/2018. Defendants may file a motion for decertification by 1/31/2018. Plaintiff must file a response by 2/21/2018, and Defendants must file a reply, but not additional evidence, by 3/7/2018. (Ordered by Magistrate Judge David L. Horan on 8/9/2017) (mcrd) Modified on 8/10/2017 (mcrd).
August 8, 2017	Filing 148 Consent form from all defendants received by the Clerk of the Court. (twd) (twd).
August 8, 2017	Filing 59 RESPONSE filed by Pascual Ecoquij-Tzep re: #55 MOTION to Dismiss (Attachments: #1 Exhibit(s) A) (Petersen, Joshua)
August 2, 2017	Filing 58 ELECTRONIC ORDER: The Court's July 24, 2017 letter to counsel #57 required Defendants to, by July 31, 2017, complete and return to the Clerk of the Court - but not file on the docket - an attached form by which they could either consent or choose not to consent under 28 U.S.C. 636(c). The Court is advised that no completed form was returned to the Clerk of the Court. To confirm whether or not the undersigned can continue to exercise consent jurisdiction over this case, Defendants are requested to, by August 6, 2017, complete and return the district clerk - but not file on the docket - the form attached to the July 24 letter to advise the Clerk of the Court whether Defendants each consent or choose not to consent under 28 U.S.C. 636(c). Defendants are again advised that consent to the authority of a magistrate judge is voluntary and that any party who has not previously given consent under Section 636(c) is free to withhold consent and to do so without adverse substantive consequences. (Ordered by Magistrate Judge David L. Horan on 8/2/2017.)
July 24, 2017	Filing 57 Letter from the Court to Counsel Regarding Consent to Proceed before the Magistrate Judge. Consent form due by 7/31/2017. (Signed by Magistrate Judge David L. Horan on 7/24/2017) (rekc)
July 20, 2017	Filing 56 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Pascual Ecoquij-Tzep. (Petersen, Joshua)
July 18, 2017	Filing 55 MOTION to Dismiss filed by Grand Fast Food Inc, Hawaiian Grill, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang with Brief/Memorandum in Support. (Ward, Lloyd)
July 7, 2017	Filing 54 SUMMONS Returned Executed as to Ying Hui Wang ; served on 6/30/2017. (Manteuffel, Robert)
July 7, 2017	Filing 53 SUMMONS Returned Executed as to Kong Shen Wang ; served on 6/30/2017. (Manteuffel, Robert)
July 7, 2017	Filing 52 SUMMONS Returned Executed as to Grand Fast Food Inc ; served on 6/30/2017. (Manteuffel, Robert)
June 22, 2017	Filing 51 Summons Issued as to Grand Fast Food Inc, Le Arlington Inc, Shizhong Zhang, Kong Shen Wang, Ying Hui Wang. (ykp)
June 22, 2017	Filing 50 Request for Clerk to issue summonses to newly added defendants filed by Pascual Ecoquij-Tzep. (Attachments: #1 Additional Page(s) Summons to Kong Shen Wang, #2 Additional Page(s) Summons to Shizhong Zhang, #3 Additional Page(s) Summons to Ying Hui Wang) (Petersen, Joshua)
June 21, 2017	Filing 49 SECOND AMENDED COMPLAINT WITH JURY DEMAND against Hawaiian Grill, Le Arlington Inc, Grand Fast Food Inc, Shizhong Zhang, Ying Hui Wang, Kong Shen Wang filed by Pacual Ecoquij-Tzep. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (ykp) Removed attachments, per attorney on 6/21/2017 (ali).
June 21, 2017	Filing 48 MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff's #33 Motion for Conditional Certification Pursuant to 29 U.S.C. 216(b). Further, the Court ORDERS that by 7/21/2017 the parties must confer and submit a Federal Rule of Civil Procedure 26(f) joint report to address a court authorized notice period, any remaining Phase 1 (class-wide) discovery, Phase 2 (individualized) discovery, and/or a motion for decertification, as the case may be, as well as a deadline for settlement negotiations and possibly mediation to take place shortly after the ruling on conditional certification and deadlines related to expert witnesses and other dispositive motions. (Ordered by Magistrate Judge David L. Horan on 6/21/2017) (ykp) Modified on 6/28/2017 (mcrd).
June 21, 2017	Filing 47 MEMORANDUM OPINION AND ORDER granting #32 Motion for Leave to File. The Court GRANTS the motion for leave to amend to add Grand Fast Food Inc., Shizhong Zhang, Ying Hui Wang, and Kong Shen Wang as parties and ORDERS that Plaintiff is granted leave to file his Third Amended Complaint, as attached as Exhibit A to the motion [Dkt. No. 32-1], which is deemed filed as of the date of this order and which the Clerk of the Court is DIRECTED to file. (Ordered by Magistrate Judge David L. Horan on 6/21/2017) (ykp)
June 2, 2017	Filing 46 ELECTRONIC ORDER: After considering the parties' court-ordered supplemental briefing, see Dkt. Nos. 38 & 45, the Court determines under Federal Rule of Civil Procedure 37(a)(5)(C) that, based on all the circumstances here, the parties should bear their own expenses, including attorneys' fees, in connection with Plaintiff's Motion to Compel Defendant to Respond to Requests for Production and Interrogatories #30 . (Ordered by Magistrate Judge David L. Horan on 6/2/2017.)
May 15, 2017	Filing 45 REPLY filed by Pacual Ecoquij-Tzep re: #35 Order on Motion to Compel,, (Petersen, Joshua)
May 15, 2017	Filing 44 NOTICE of Withdrawal of Doc. 43 re: #43 Brief/Memorandum in Support of Motion filed by Hawaiian Grill (Ward, Lloyd)
May 12, 2017	Filing 43 *WITHDRAWN, PER #44 NOTICE* Brief/Memorandum in Support filed by Hawaiian Grill re #42 Reply In Further Support of Objection to Conditional Certification (Ward, Lloyd) Modified on 5/15/2017 (aaa).
May 5, 2017	Filing 42 REPLY filed by Pacual Ecoquij-Tzep re: #33 MOTION for Conditional Class Certification Pursuant to 29 U.S.C. 216(b) (Petersen, Joshua)
May 5, 2017	Filing 41 REPLY filed by Pacual Ecoquij-Tzep re: #32 MOTION for Leave to File Second Amended Complaint (Petersen, Joshua)
April 21, 2017	Filing 40 RESPONSE filed by Hawaiian Grill re: #33 MOTION for Conditional Class Certification Pursuant to 29 U.S.C. 216(b) (Ward, Lloyd)
April 21, 2017	Filing 39 RESPONSE filed by Hawaiian Grill re: #32 MOTION for Leave to File Second Amended Complaint (Ward, Lloyd)
April 19, 2017	Filing 38 OBJECTION to Award of Expenses or Attorneys' Fees for Plaintiff's Motion to Compel filed by Hawaiian Grill re: #30 MOTION to Compel. (Ward, Lloyd) Modified text on 4/20/2017 (axm).
April 11, 2017	Filing 37 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hawaiian Grill. (Ward, Lloyd)
April 11, 2017	Filing 36 ANSWER to #11 Amended Complaint with Jury Demand, filed by Hawaiian Grill. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ward, Lloyd)
April 10, 2017	Filing 35 ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL. Plaintiff's Motion to Compel Defendant to Respond to Requests for Production and Interrogatories [Dkt. No. #30 ] is GRANTED in part and DENIED in part to the extent explained above. The Court ORDERS Defendant to supplement its discovery responses with responsive answers and documents, including on the matters resolved by agreement of the parties, by April 24, 2017. (Ordered by Magistrate Judge David L. Horan on 4/10/2017) (mcrd)
April 3, 2017	Filing 34 Appendix in Support filed by Pacual Ecoquij-Tzep re #33 MOTION for Conditional Class Certification Pursuant to 29 U.S.C. 216(b) (Petersen, Joshua)
April 3, 2017	Filing 33 MOTION for Conditional Class Certification Pursuant to 29 U.S.C. 216(b) filed by Pacual Ecoquij-Tzep with Brief/Memorandum in Support. (Petersen, Joshua)
April 3, 2017	Filing 32 MOTION for Leave to File Second Amended Complaint filed by Pacual Ecoquij-Tzep with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D) (Petersen, Joshua)
March 17, 2017	Filing 31 Appendix in Support filed by Pacual Ecoquij-Tzep re #30 MOTION to Compel and Joint Status Report (Petersen, Joshua)
March 17, 2017	Filing 30 MOTION to Compel and Joint Status Report filed by Pacual Ecoquij-Tzep (Attachments: #1 Additional Page(s) Joint Status Report per (DE 19, para. 3)) (Petersen, Joshua)
February 28, 2017	Filing 29 ORDER REGARDING ATTORNEY ADMISSION REQUIREMENT: By March 20, 2017, counsel for Defendant must either become admitted to practice in this District, see Local Civil Rule 83.7, or move the Court to be admitted pro hac vice, see Local Civil Rule 83.9(b). (Ordered by Magistrate Judge David L. Horan on 2/28/2017) (mcrd)
February 28, 2017	Filing 28 ELECTRONIC ORDER: Defendant has filed a document entitled Objections and Limit to Plaintiff's Subpoena Duces Tecum #27 . Although not labeled or docketed as a motion, to the extent that Defendant seeks relief from the Court through the filing, the filing does not comply with the requirements of the Court's Standing Order on Discovery #19 , which governs the filing and disposition of all discovery-related motions in this case. If Defendant seeks relief and a ruling from the Court through this filing, it must file a separate joint status report (and any accompanying appendix), in compliance with all of the requirements of the Standing Order on Discovery #19 , by March 8, 2017. (Ordered by Magistrate Judge David L. Horan on 2/28/2017.)
February 27, 2017	Filing 27 OBJECTION filed by Hawaiian Grill re: #26 Order on Motion to Extend Time, (Ward, Lloyd)
February 13, 2017	Filing 26 AGREED ORDER GRANTING #25 JOINT MOTION TO EXTEND UNEXPIRED DEADLINES IN INITIAL SCHEDULING ORDER. Amended Pleadings due by 5/7/2017. Discovery due by 3/31/2017. Joinder of Parties due by 4/2/2017. (Ordered by Magistrate Judge David L. Horan on 2/13/2017) (mcrd)
February 13, 2017	Filing 25 Joint MOTION to Extend Time for Unexpired Deadlines in Initial Scheduling Order filed by Pacual Ecoquij-Tzep with Brief/Memorandum in Support. (Petersen, Joshua)
December 16, 2016	Filing 24 MEMORANDUM OPINION AND ORDER: The Court GRANTS in part and DENIES in part Defendant's Second Motion to Dismiss for Failure to State a Claim and Alternatively, Motion to Strike Defendant's Class Action Allegations [Dkt. No. #13 ]. The motion to dismiss is granted and the allegations under the FLSA based on individual coverage are dismissed with prejudice. But Plaintiff may proceed on his FLSA claim based on enterprise coverage, and the Court denies the motion to strike the collective action allegations. (Ordered by Magistrate Judge David L Horan on 12/16/2016) (mcrd)
December 2, 2016	Filing 23 INITIAL SCHEDULING ORDER: Phase 1 Discovery due by 3/1/2017. Joinder of Parties due by 3/3/2017. Amended Pleadings due by 4/7/2017. (Ordered by Magistrate Judge David L Horan on 12/2/2016) (aaa)
December 2, 2016	Filing 22 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 5/7/2018 at 9:00 AM before Magistrate Judge David L Horan. Pretrial Conference set for 5/1/2018 at 10:00 AM before Magistrate Judge David L Horan. Pretrial Materials due by 4/27/2018. Pretrial Order due by 4/27/2018. (Ordered by Magistrate Judge David L Horan on 12/2/2016) (aaa)
December 2, 2016	Filing 21 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Pretrial Scheduling Conference held on 12/2/2016. Order to Enter. Attorney Appearances: Plaintiff - Joshua Aaron Petersen, Robert Lee Manteuffel; Defense - Lloyd E Ward. (Court Reporter: Digital File) (No exhibits) Time in Court - :14. (mcrd)
November 14, 2016	Filing 20 ORDER SETTING RULE 16(B) CONFERENCE: Pretrial Scheduling Conference set for 12/2/2016 10:30 AM before Magistrate Judge David L Horan. (Ordered by Magistrate Judge David L Horan on 11/14/2016) (mcrd)
November 14, 2016	Filing 19 STANDING ORDER ON NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L Horan on 11/14/2016) (mcrd)
November 10, 2016	Filing 18 CONSENT to Proceed Before a U.S. Magistrate Judge by all parties and Order Reassigning Case. Case reassigned to Magistrate Judge David L Horan for all further proceedings. Chief Judge Barbara M.G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M.G. Lynn on 11/10/2016) (trk)
November 3, 2016	Filing 17 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Pacual Ecoquij-Tzep. (Petersen, Joshua) (Consent form added on 11/14/2016 as a matter or record after being received by the Clerk's Office: #1 Additional Page(s)) (ctf).
October 13, 2016	Filing 16 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report Regarding Contents of Scheduling Order due by 11/3/2016. (Ordered by Chief Judge Barbara M.G. Lynn on 10/13/2016) (Attachments: #1 Consent Letter, #2 Consent Form) (twd)
September 22, 2016	Filing 15 Reply filed by Hawaiian Grill re: #13 Motion to Dismiss for Failure to State a Claim (Ward, Lloyd) Modified text and linkage on 9/23/2016 (ykp).
September 14, 2016	Filing 14 RESPONSE filed by Pacual Ecoquij-Tzep re: #13 Motion to Dismiss for Failure to State a Claim (Petersen, Joshua)
August 24, 2016	Filing 13 Motion to Dismiss for Failure to State a Claim filed by Hawaiian Grill (Ward, Lloyd)
August 19, 2016	Filing 12 ELECTRONIC ORDER: The courtroom in which this case will be tried, and in which any motion that is set for hearing will be heard, has electronic equipment to assist in the expeditious presentation of the case and making of the record. Descriptions of this equipment and training resources for lawyers are available on the Court's website, http://www.txnd.uscourts.gov/judge-lynns-courtroom. The Court requires that all persons planning to use the equipment schedule training through the Court's Information Technology Department prior to the beginning of any trial or motion hearing, by contacting Paul Hertel at 214-753-2226 or Paul Slavonik at 214-753-2232. (Ordered by Chief Judge Barbara M.G. Lynn on 8/19/2016) (bdb)
August 12, 2016	Filing 11 FIRST AMENDED COMPLAINT WITH JURY DEMAND against Hawaiian Grill filed by Pacual Ecoquij-Tzep. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Petersen, Joshua)
July 12, 2016	Filing 10 MEMORANDUM OPINION AND ORDER: Before the Court is Defendant's Motion to Dismiss [Docket Entry #6 ]. The Motion is GRANTED in part and DENIED in part. The Court will permit Plaintiff to file an Amended Complaint with respect to his individual coverage and collective action allegations within thirty days of the date of this Opinion. Plaintiff is reminded that any such pleading must satisfy the requirements of Federal Rule of Civil Procedure 11. (Ordered by Chief Judge Barbara M.G. Lynn on 7/12/2016) (bdb)
April 27, 2016	Filing 9 RESPONSE filed by Hawaiian Grill re: #7 Response/Objection, #8 Additional Attachments to Main Document (Ward, Lloyd)
April 21, 2016	Filing 8 ADDITIONAL ATTACHMENTS to #7 Response/Objection by Plaintiff Pacual Ecoquij-Tzep. (Petersen, Joshua)
April 21, 2016	Filing 7 RESPONSE AND OBJECTION filed by Pacual Ecoquij-Tzep re: #6 MOTION to Dismiss (Petersen, Joshua)
March 31, 2016	Filing 6 MOTION to Dismiss filed by Hawaiian Grill (Ward, Lloyd)
March 25, 2016	Filing 5 SUMMONS Returned Executed as to Hawaiian Grill ; served on 3/10/2016. (Manteuffel, Robert)
March 4, 2016	Filing 4 Summons Issued as to Hawaiian Grill. (trk)
March 4, 2016	Filing 3 New Case Notes: A filing fee has been paid. 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. (trk)
March 4, 2016	Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pacual Ecoquij-Tzep. (Manteuffel, Robert)
March 4, 2016	Filing 1 COMPLAINT WITH JURY DEMAND against Hawaiian Grill filed by Pacual Ecoquij-Tzep. (Filing fee $400; Receipt number 0539-7422567) Clerk to issue summons(es). 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 must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Manteuffel, Robert) Modified on 3/4/2016 (trk).

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Search for this case: Ecoquij-Tzep v. Hawaiian Grill
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Plaintiff: Ecoquij-Tzep
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Plaintiff: Pascual Ecoquij-Tzep
Represented By:	Jamie Harrison Zidell
Represented By:	Joshua Aaron Petersen
Represented By:	Robert Lee Manteuffel
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Defendant: Hawaiian Grill
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Defendant: Le Arlington Inc doing business as MW Hawaiian Grill doing business as MW'S Hawaiian Grill doing business as Little Tokyo formerly known as Shun Far El Paso Inc
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Defendant: MW Hawaiian Grill
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Defendant: Shun Far El Paso Inc
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Defendant: Grand Fast Food Inc doing business as Famous Cajun Grill doing business as Famous Wok
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Defendant: Shizhong Zhang
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Defendant: Ying Hui Wang
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Defendant: Kong Shen Wang
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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Counter claimant: Grand Fast Food Inc
Represented By:	Xenos Man-Wah Yuen
Represented By:	David Mullican, Jr
Represented By:	Lloyd Ward
Represented By:	Trevin Rayvon Ware
Represented By:	Wei Xu
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