Songer et al v. Dillon Resources Inc et al.
Plaintiff: Raymond Keith Songer, Crox Alvarado, Victor Arrington, George E Eaton, Jr, Daniel Garcia, Jr, Debra Sue Garrison, Jose Ramon Guilamo, Larry Hazelton, Antrone Henderson, Sandra K Henderson, Daniel Clinton Henley, Jeffery G Hines, Johnny Robert Jarvis, Eddie Jones, Eric C Matthews, Brian Alan McGlothin, Karen Sue Parent, Monica Lenise Pervis, Brent Undra Roberson, Bobby Joe Schroder, James B Todd, Joshu Andrew Van Patten, Courtland Dale Wallace, Perry Scott Wiggins and Felix Vasquez
Defendant: Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson and Sunset Ennis, Inc. doing business as Sunset Waxahaxie, Inc.
Case Number: 4:2008cv00319
Filed: May 14, 2008
Court: US District Court for the Northern District of Texas
Office: Labor: Fair Standards Office
County: Henderson
Presiding Judge: John McBryde
Nature of Suit: Labor: Fair Labor Standards Act
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2011 Opinion or Order Filing 148 Destruction of Exhibits offered 06/11/2008 by Raymond Keith Songer, Sunset Ennis, Inc., Sunset Logistics Inc, James B Todd, Joshu Andrew Van Patten, Felix Vasquez, Courtland Dale Wallace, Perry Scott Wiggins (EXH-ADM flag removed) (fba/chmb)
October 27, 2010 Opinion or Order Filing 147 Appeal Record Returned:USCA #09-10803, consisting of 14 original appendix exhibits #17,23,43,46,72,73,74,77,89,92,93,94,99,121, 1 original transcript #35, supplmental record appendix exhibits #113,119,123, Defendant's Exhibits ( 1 binder - Judge's copy), Plaintiff Exhibits (1-25 - Judge's copy) returned to CRD , electronic copy of record has been recycled. (tle)
September 30, 2010 Opinion or Order Filing 146 Received letter from U.S. Court of Appeals Fifth Circuit RE:09-10803. Record /original papers / exhibits to be returned. (tle)
September 30, 2010 Opinion or Order Filing 145 Opinion of USCA #09-10803(certified copy) in accordance with USCA judgment re #134 Notice of Appeal,,, filed by Eddie Jones, Courtland Dale Wallace, Raymond Keith Songer, Jose Ramon Guilamo, Debra Sue Garrison, George E Eaton, Jr, Sandra K Henderson, Monica Lenise Pervis, Bobby Joe Schroder, Karen Sue Parent, Victor Arrington, Daniel Garcia, Jr, Brian Alan McGlothin, Felix Vasquez, Perry Scott Wiggins, Daniel Clinton Henley, Antrone Henderson, Eric C Matthews, Larry Hazelton, Johnny Robert Jarvis, Crox Alvarado...we AFFIRM the judgment of the district court...AFFIRMED. (tle)
September 30, 2010 Opinion or Order Filing 144 JUDGMENT/MANDATE of USCA #09-10803 as to #134 Notice of Appeal,,, filed by Eddie Jones, Courtland Dale Wallace, Raymond Keith Songer, Jose Ramon Guilamo, Debra Sue Garrison, George E Eaton, Jr, Sandra K Henderson, Monica Lenise Pervis, Bobby Joe Schroder, Karen Sue Parent, Victor Arrington, Daniel Garcia, Jr, Brian Alan McGlothin, Felix Vasquez, Perry Scott Wiggins, Daniel Clinton Henley, Antrone Henderson, Eric C Matthews, Larry Hazelton, Johnny Robert Jarvis, Crox Alvarado...It is ordered and adjudged that the judgment of the District Court is affirmed...IT IS FURTHER ORDERED that plaintiffs-appellants pay to defendants-appellees the costs on appeal to be taxed by the Clerk of this Court. Issued as Mandate: 9/27/10. (tle)
December 29, 2009 Opinion or Order Filing 143 Writ of Execution Issued (issd-5). (cxb)
December 11, 2009 Opinion or Order Filing 142 Exhibits to Record on Appeal Transmitted to U S Court of Appeals Fifth Circuit re #134 Notice of Appeal,USCA5 Number: 09-10803...consisting of Plaintiff's exhibits 1-6,9-11,14-25, Defendant's exhibits #1-31, (ORIGINAL EXHIBITS) Fed Ex Tracking Number: 942917412197. (tle)
December 8, 2009 Opinion or Order Filing 141 Record on Appeal Transmitted to U S Court of Appeals Fifth Circuit re #134 Notice of Appeal,,, - USCA5 Number: 09-10803...consisting of 5 volumes of case papers, 1 transcript, 14 appendix exhibits per request from USCA5. Fed ex tracking numbers:296929638002080 and 296929368002069. (tle)
December 3, 2009 Opinion or Order Filing 140 Appeal record returned by Littler Mendelson, P.C. on 12/3/09, consisting of 5 volumes of electronic case papers,14 original appendix exhibits #17,23,43,46,72,73,74,77,89,92,93,94,99,121, 1 original transcript #35. (tle)
October 23, 2009 Opinion or Order Filing 139 COURT RECORD LOAN FORM re: 09-10803, appeal record transmitted to Little Mendelson PC c/o Kimberly Miers, consisting of 5 volumes of case papers, 14 appendix exhibits, 1 transcript on 10/23/09, fed ex tracking numbers:942917412050 and 942917412061. (tle)
October 21, 2009 Opinion or Order Filing 138 Appeal record returned by Law Office of Trang Q Tran re:09-10803, consisting of 5 volumes of case papers, 14 appendix exhibits, 1 transcript received on 10/21/09. (tle)
September 16, 2009 Opinion or Order Filing 137 COURT RECORD LOAN FORM re:09-10803, appeal record sent to Attorney Trang Q Tran, consisting of 5 volumes of electronic case papers, 14 original appendix exhibits, 1 transcript per request from Tran Law Firm, Fed ex tracking numbers:296929368001885, 296929368001892 on 9/16/09. (tle)
September 8, 2009 Opinion or Order Record on Appeal Certified to US Court of Appeals, 5th Circuit re #134 Notice of Appeal, - USCA5 Number: 09-10803...consisting of 5 volumes of electronic case papers,14 original appendix exhibits #17,23,43,46,72,73,74,77,89,92,93,94,99,121, 1 original transcript #35, ROA is ready for shipment or loan (ELECTRONIC RECORD, ORIGINAL TRANSCRIPT / APPENDIX). (tle)
August 31, 2009 Opinion or Order Filing 136 USCA Case Number 09-10803 in USCA5 for #134 Notice of Appeal,,, filed by Eddie Jones, Courtland Dale Wallace, Raymond Keith Songer, Jose Ramon Guilamo, Debra Sue Garrison, George E Eaton, Jr, Sandra K Henderson, Monica Lenise Pervis, Bobby Joe Schroder, Karen Sue Parent, Victor Arrington, Daniel Garcia, Jr, Brian Alan McGlothin, Felix Vasquez, Perry Scott Wiggins, Daniel Clinton Henley, Antrone Henderson, Eric C Matthews, Larry Hazelton, Johnny Robert Jarvis, Crox Alvarado. (tle)
August 17, 2009 Opinion or Order Filing 135 Transcript Order Form: transcript not requested re #134 Notice of Appeal by Tran Law Firm LLP. (tle)
August 12, 2009 Opinion or Order Filing 134 NOTICE OF APPEAL to the Fifth Circuit as to #50 Memorandum Opinion and Order, Terminate Motions, #129 Memorandum Opinion and Order,, #130 Judgment, by Sandra K Henderson, Daniel Clinton Henley, Johnny Robert Jarvis, Eddie Jones, Eric C Matthews, Brian Alan McGlothin, Karen Sue Parent, Monica Lenise Pervis, Raymond Keith Songer, Bobby Joe Schroder, Courtland Dale Wallace, Felix Vasquez, Perry Scott Wiggins, Crox Alvarado, Victor Arrington, George E Eaton, Jr, Daniel Garcia, Jr, Debra Sue Garrison, Jose Ramon Guilamo, Larry Hazelton, Antrone Henderson. Filing fee $455 paid, receipt number FW009265, TRO Hearing held, Court Reporter Eileen Brewer, (Transcript previously transcribed). T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (tle)
July 24, 2009 Opinion or Order Filing 133 Costs Taxed in amount of $ 23,598.62 against Plaintiffs (krg)
July 23, 2009 Opinion or Order Filing 132 BILL OF COSTS and Exhibits A & B by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (Attachment #1 Exhibit C) (dld). Modified on 7/23/2009 (dld).
July 16, 2009 Opinion or Order Filing 131 Application for Admission Pro Hac Vice filed by Andrew Iwata on behalf of Plaintiffs (krg)
July 15, 2009 Opinion or Order ***Civil Case Terminated per Final Judgment. (krg)
July 15, 2009 Opinion or Order Filing 130 FINAL JUDGMENT... that all claims and causes of action asserted by pltfs against defts Dillon Resources, Inc., Sunset Logistics, Inc. and Sunset Ennis, Inc., be, and are hereby, dismissed with prejudice and that defts have an recover their costs of court from pltfs, jointly and severally. See Judgment for further specifics. (Ordered by Judge John McBryde on 7/15/2009) (krg)
July 15, 2009 Opinion or Order Filing 129 MEMORANDUM OPINION and ORDER... that defendants' motion for summary judgment be, and is hereby, granted, and all claims and causes of action asserted by plaintiffs be, and are hereby, dismissed. The court further ORDERS that plaintiffs' motion for partial summary judgment be, and is hereby, denied. See Order for further specifics. (Ordered by Judge John McBryde on 7/15/2009) (krg) (Additional attachment(s) added on 7/17/2009: #1 Searchable, pursuant to the E-Government Act) (krg). (Main Document 129 replaced on 4/11/2011) (dld).
July 13, 2009 Opinion or Order Filing 128 FINAL JUDGMENT AS TO CERTAIN PARTY... all claims and causes asserted by Pltf Joshua Andrew Van Patten against Defts Dillon Resources, Inc., Sunset Logistics, Inc. and Sunset Ennis, Inc. be, and are hereby, dismissed without prejudice. See Judgment for further specifics. (Ordered by Judge John McBryde on 7/13/2009) (krg)
July 13, 2009 Opinion or Order Filing 127 Mail Returned as Undeliverable. #105 Memorandum Opinion and Order, Order to Show Cause, received back from Brent Undra Roberson as Does Not Live Here. (krg)
July 10, 2009 Opinion or Order Filing 126 RESPONSE filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #117 Objections to and MOTION to Strike Evidence (krg)
July 10, 2009 Opinion or Order Filing 125 Unopposed MOTION for Nonsuit Without Prejudice filed by Joshu Andrew Van Patten (krg)
July 9, 2009 Opinion or Order Filing 124 ORDER... that defendants file by 10:00 a.m. on July 13, 2009, a response to plaintiffs' motion to strike evidence. See Order for further specifics. (Ordered by Judge John McBryde on 7/9/2009) (krg)
July 8, 2009 Opinion or Order Filing 123 Appendix in Support filed by Plaintiffs re #122 Response to Defendants' Supplemental Brief Regarding Summary Judgment (krg)
July 8, 2009 Opinion or Order Filing 122 RESPONSE TO DEFENDANTS' SUPPLEMENTAL MEMORANDUM REGARDING THE SUMMARY JUDGMENT MOTIONS filed by Plaintiffs (krg)
July 8, 2009 Opinion or Order Filing 121 Appendix in Support filed by Plaintiffs re #120 Response in Opposition (krg)
July 8, 2009 Opinion or Order Filing 120 RESPONSE in Opposition filed by Plaintiffs re #109 MOTION to Dismiss the Claims of Fifteen Plaintiffs (krg)
July 8, 2009 Opinion or Order Filing 119 APPENDIX IN SUPPORT filed by Plaintiffs re #117 Objections to and MOTION to Strike (krg)
July 8, 2009 Opinion or Order Filing 118 MEMORANDUM IN SUPPORT filed by Plaintiffs re #117 Objections to and MOTION to Strike (krg)
July 8, 2009 Opinion or Order Filing 117 OBJECTIONS TO AND MOTION TO STRIKE EVIDENCE IN DEFENDANTS' SUPPLEMENTAL SUMMARY JUDGMENT APPENDIX filed by Plaintiffs (krg)
July 8, 2009 Opinion or Order Filing 116 RESPONSE re: #114 Supplemental Memorandum Regarding the Parties' Summary Judgment Motions filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (krg)
July 2, 2009 Opinion or Order Filing 115 RESPONSE and Opposition filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #102 MOTION to Compel (dld)
July 1, 2009 Opinion or Order Filing 114 Supplemental Memorandum Regarding the Parties' Summary Judgment Motions filed by Plaintiffs (krg)
July 1, 2009 Opinion or Order Filing 113 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #70 MOTION for Summary Judgment (krg)(NOT IMAGED... TOO VOLUMINOUS)
July 1, 2009 Opinion or Order Filing 112 Supplemental Brief in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #70 MOTION for Summary Judgment (krg)
June 29, 2009 Opinion or Order Filing 111 ORDER... that by 2:00 p.m. on July 8, 2009, the above-named plaintiffs file a document to show cause why their claims should not be dismissed for failure to comply with the court's order, and that any factual statements contained in plaintiffs' filing be supported by affidavits or declarations based on personal knowledge. See Order for further specifics. (Ordered by Judge John McBryde on 6/29/2009) (krg)
June 29, 2009 Opinion or Order Filing 110 NOTICE of Intention to Use Videotape Deposition Excerpts filed by Plaintiffs (krg)
June 26, 2009 Opinion or Order Filing 109 MOTION to Dismiss the claims of Plaintiffs filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (dld)
June 25, 2009 Opinion or Order Filing 108 Joint Report on Mandatory Settlement Conference (dld)
June 19, 2009 Opinion or Order Filing 107 FINAL JUDGMENT AS TO CERTAIN PARTIES: all claims and causes of action asserted by Brent Undra Roberson and Jeffery G Hines against defendants are dismissed with prejudice. The court determines that there is no just reason for delay and hereby directs entry of final judgment as to such dismissal. (Ordered by Judge John McBryde on 6/19/09) (dld) ...Cy of this judgment to Roberson and Hines
June 19, 2009 Opinion or Order Filing 106 ORDER: Roberson and Hines failed to cooperate or communicate with counsel in the prosecution of this case and have failed to respond to deposition notices and otherwise continue prosecution of this case, and that such failure has resulted in actual prejudice to defendants, the court finds that no lesser sanction than dismissal would adequately address Roberson's and Hines's failure to prosecute their claims or cooperate in the litigation of this action, therefore, #85 and #86 Motions to Dismiss are granted, all claims and causes of action asserted by Roberson and Hines against defendants are dismissed with prejudice. (Ordered by Judge John McBryde on 6/19/09) (dld)...Cy of this order to Roberson and Hines
June 19, 2009 Opinion or Order Filing 105 Memorandum Opinion and Order: Plaintiffs' partial motion for summary judgment and defendants' motion for summary judgment are hereby held in abeyance pending further consideration by the court of the parties' supplemental filings ordered in this order: by July 1, 2009 defts file evidence, all parties file docs w/the court containing applicable argument and authorities as set out in this order. By 2:00 p.m. on 7/8/09, parties file any response to the other party's supplemental filings. Pretrial conference is rescheduled for 9:00 a.m. on July 16, 2009. See Mem Opn for specifics. (Ordered by Judge John McBryde on 6/19/09) (dld) (Attachment(s) added on 6/22/2009: #1 Searchable, Pursuant to E-Government Act) (cxb). (Main Document 105 replaced on 4/11/2011) (dld).
June 19, 2009 Opinion or Order Reset Pretrial Conference set for 7/16/2009 09:00 AM before Judge John McBryde. (dld)
June 16, 2009 Opinion or Order Filing 104 ORDER denying #103 Motion to Extend Time for Mandatory Settlement Conference. See Order for specifics. (Ordered by Judge John McBryde on 6/16/2009) (krg)
June 16, 2009 Opinion or Order Filing 103 Unopposed MOTION to Extend Time for Mandatory Settlement Conference filed by Plaintiffs (krg)
June 15, 2009 Opinion or Order Filing 102 MOTION TO COMPEL DEFENDANTS' DISCOVERY RESPONSES filed by Plaintiffs (krg)
June 9, 2009 Opinion or Order Filing 101 Reply in Support of Defendants' Motion for Summary Judgment filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (krg)
June 2, 2009 Opinion or Order Filing 100 Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion for Partial Summary Judgment (krg)
June 2, 2009 Opinion or Order Filing 99 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #97 Response to Objections to and Motion to Strike (Attachments: #1 Exhibit A, #2 Exhibit B) (krg)
June 2, 2009 Opinion or Order Filing 98 Brief in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #97 Response to Objections to and Motion to Strike (krg)
June 2, 2009 Opinion or Order Filing 97 Response to #95 Objections to and MOTION to Strike Defendants Summary Judgment Evidence filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (krg)
May 28, 2009 Opinion or Order Filing 96 Memorandum in Support filed by Plaintiffs re #95 Objections to and MOTION to Strike Defendants' Summary Judgment Evidence (krg)
May 28, 2009 Opinion or Order Filing 95 OBJECTIONS to and MOTION to Strike Defendants' Summary Judgment Evidence filed by Plaintiffs (krg)
May 27, 2009 Opinion or Order Filing 94 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #90 Response to Motion (krg)(VOLUME III - NOT IMAGED... SPIRAL BOUND)
May 27, 2009 Opinion or Order Filing 93 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #90 Response to Motion (krg)(VOLUME II - NOT IMAGED... SPIRAL BOUND)
May 27, 2009 Opinion or Order Filing 92 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #90 Response to Motion (krg)(VOLUME 1 - NOT IMAGED... SPIRAL BOUND)
May 26, 2009 Opinion or Order Filing 91 Brief in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #90 Response to Motion (Attachments: #1 Attachment) (krg)
May 26, 2009 Opinion or Order Filing 90 RESPONSE filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #75 MOTION for Summary Judgment (krg)
May 26, 2009 Opinion or Order Filing 89 Appendix in Support filed by Plaintiffs re #87 Response to Motion (krg)
May 26, 2009 Opinion or Order Filing 88 Memorandum in Support filed by Plaintiffs re #87 Response to Motion (Attachments: #1 Attachment) (krg)
May 26, 2009 Opinion or Order Filing 87 RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by Plaintiffs (krg)
May 19, 2009 Opinion or Order Filing 86 MOTION to Dismiss Plaintiff Brent Undra Roberson's Claims filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (Attachments: #1 Attachment) (krg)
May 19, 2009 Opinion or Order Filing 85 MOTION to Dismiss Plaintiff Jeffery G. Hines's Claims filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (Attachments: #1 Attachment) (krg)
May 11, 2009 Opinion or Order Filing 84 ORDER granting #78 Motion to Withdraw as Attorney; granting #81 Motion to Withdraw as Attorney. The court further ORDERS that the clerk show Roberson and Hines as representing themselves pro se... see Order for further specifics. Attorney Trang Q Tran; David M Glenn and T Michael Kennedy terminated. (Ordered by Judge John McBryde on 5/11/2009) (krg)(copy to Roberson and Hines)
May 11, 2009 Opinion or Order Filing 83 Certificate of Last Known Address for Jeffery G Hines (krg)
May 11, 2009 Opinion or Order Filing 82 SERVICE OF MOTION TO WITHDRAW re service of #81 MOTION to Withdraw as Attorney on Jeffery G. Hines (krg)
May 11, 2009 Opinion or Order Filing 81 MOTION to Withdraw as Attorney filed by Jeffery G Hines (krg)
May 11, 2009 Opinion or Order Filing 80 Certificate of Last Known Address for Brent Undra Roberson (krg)
May 11, 2009 Opinion or Order Filing 79 SERVICE OF MOTION TO WITHDRAW re service of #78 MOTION to Withdraw as Attorney on Plaintiff Brent Undra Roberson (krg) Modified on 5/11/2009 (krg).
May 11, 2009 Opinion or Order Filing 78 MOTION TO WITHDRAW filed by Brent Undra Roberson (krg) Modified on 5/11/2009 (krg).
May 8, 2009 Opinion or Order Filing 77 Appendix in Support filed by Plaintiffs re #75 MOTION for Summary Judgment (krg) (Modified on 5/11/2009 (Duron, Delores)...per chambers, the file date has been changed to the date this document was placed in the drop box.
May 8, 2009 Opinion or Order Filing 76 Memorandum in Support filed by Plaintiffs re #75 MOTION for Summary Judgment (krg) Modified on 5/11/2009 (dld)...per chambers, the file date has been changed to the date this document was placed in the drop box.
May 8, 2009 Opinion or Order Filing 75 MOTION for Partial Summary Judgment on the Defendants' Affirmative Defense of Exemption From the Fair Labor Standards Act filed by Plaintiffs (krg) Modified on 5/11/2009 (dld)...per chambers, the file date has been changed to the date this document was placed in the drop box.
May 6, 2009 Opinion or Order Filing 74 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #70 MOTION for Summary Judgment (krg)(VOLUME 3 - NOT IMAGED... SPIRAL BOUND)
May 6, 2009 Opinion or Order Filing 73 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #70 MOTION for Summary Judgment (krg)(VOLUME 2 - NOT IMAGED... SPIRAL BOUND)
May 6, 2009 Opinion or Order Filing 72 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #70 MOTION for Summary Judgment (krg) (VOLUME 1 - NOT IMAGED... SPIRAL BOUND)
May 6, 2009 Opinion or Order Filing 71 Brief in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. re #70 MOTION for Summary Judgment (krg)
May 6, 2009 Opinion or Order Filing 70 MOTION for Summary Judgment filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (krg)
May 1, 2009 Opinion or Order Filing 69 Plaintiffs Supplemental Designation of Expert Witness. (tle)
April 29, 2009 Opinion or Order Filing 68 FINAL JUDGMENT... all claims and causes of action asserted by plaintiff against defendants, Dillon Resources, Inc., Sunset Logistics, Inc., and Sunset Ennis, Inc. d/b/a Sunset Waxahaxie, Inc., be, and are hereby, dismissed without prejudice. See Judgment for further specifics. (Ordered by Judge John McBryde on 4/29/2009) (krg)
April 27, 2009 Opinion or Order Filing 67 Unopposed Nonsuit Without Prejudice filed by James B Todd (krg)
April 17, 2009 Opinion or Order Filing 66 AMENDED ANSWER to #63 Amended Complaint, filed by Dillon Resources Inc, Sunset Logistics Inc, Sunset Ennis, Inc. (krg)
April 2, 2009 Opinion or Order Filing 65 ORDER DENYING JOINT MOTION TO MODIFY SCHEDULING ORDER denying #64 Motion: See Order for specifics. (Ordered by Judge John McBryde on 4/2/2009) (krg)
April 2, 2009 Opinion or Order Filing 64 Joint MOTION to Modify Scheduling Order filed by all parties (krg)
March 26, 2009 Opinion or Order Filing 63 FIRST AMENDED COLLECTIVE ACTION PETITION against Sunset Ennis, Inc., Dillon Resources Inc, Sunset Logistics Inc filed by Sandra K Henderson, Daniel Clinton Henley, Jeffery G Hines, Johnny Robert Jarvis, Eddie Jones, Eric C Matthews, Brian Alan McGlothin, Karen Sue Parent, Monica Lenise Pervis, Brent Undra Roberson, Raymond Keith Songer, Bobby Joe Schroder, James B Todd, Joshu Andrew Van Patten, Courtland Dale Wallace, Felix Vasquez, Perry Scott Wiggins, Crox Alvarado, Victor Arrington, George E Eaton, Jr, Daniel Garcia, Jr, Debra Sue Garrison, Jose Ramon Guilamo, Larry Hazelton, Antrone Henderson. (krg) (krg).
March 26, 2009 Opinion or Order Filing 62 ORDER granting #61 Motion for Leave to File... plaintiff's motion to file first amended collective action complaint be, and is hereby, granted, and the clerk is directed to file plaintiffs' first amended complaint tendered with the motion. See Order for specifics. (Ordered by Judge John McBryde on 3/26/2009) (krg)
March 19, 2009 Opinion or Order Filing 61 Unopposed MOTION for Leave to File Plaintiffs' First Amended Collective Action Complaint filed by Plaintiffs (krg)
March 18, 2009 Opinion or Order Set Deadlines: Per Order, doc # 60, parties designate expert witness by 4:00 p.m. on 5/1/09. (dld)
March 18, 2009 Opinion or Order Filing 60 ORDER granting #53 Motion to Extend Time to Designate Expert witnesses. The Court ORDERS that plaintiffs' above-described motion be, and is hereby, granted, and that the parties designate expert witnesses in this action by 4:00 p.m. on May 1, 2009. (Ordered by Judge John McBryde on 3/18/2009) (drh)
March 17, 2009 Opinion or Order Filing 59 Plaintiffs' Reply in Support of Plaintiff's Motion to Extend the Deadline for Designating Expert Witnesses filed by Plaintiffs (krg)
March 13, 2009 Opinion or Order Filing 58 Response and Opposition to Plaintiffs' Motion to Extend the Deadline for Designating Expert Witnesses filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson re #53 MOTION to Extend Time (krg)
March 12, 2009 Opinion or Order Filing 57 ORDER STRIKING/UNFILING PLEADING unfiling #55 MOTION for Leave to File Plaintiffs' First Amended Collective Action Complaint filed by Plaintiffs due to the following deficiency: The signature of the attorney of record or the party proceeding pro se is required on each document filed. See F.R.C.P. 11, LR10.1(b), LR 11.1, LCrR 49.3(b) or LCrR 49.5; Two signatures on the amended pleading are electronic signatures. Actual signatures are required. See order signed June 3, 2008, at 5. (Ordered by Judge John McBryde on 3/12/2009) (krg)
March 10, 2009 Opinion or Order Filing 56 ORDER re plaintiffs' motion to extend deadline for designating expert witnesses... that defendants file by March 13, 2009, a response to the above-described motion. See Order for further specifics. (Ordered by Judge John McBryde on 3/10/2009) (krg)
March 9, 2009 Opinion or Order Filing 55 ***UNFILED PER ORDER #57 *** Unopposed MOTION for Leave to File Plaintiffs' First Amended Collective Action Complaint filed by Plaintiffs (krg) Modified on 3/12/2009 (krg).
March 9, 2009 Opinion or Order Filing 54 Designation of Expert Witnesses by Plaintiffs (krg)
March 9, 2009 Opinion or Order Filing 53 MOTION to Extend the Deadline for Designating Expert Witnesses filed by Plaintiffs (krg)
December 22, 2008 Opinion or Order Filing 52 RESPONSE to Plaintiffs' Motion for an Extension of Time in Which to Respond to Defendants' Discovery Requests filed by Dillon Resources Inc. (cxb)
July 24, 2008 Opinion or Order Filing 51 ORDER denying as moot #41 Motion for Leave to File. See Order for specifics. (Signed by Judge John McBryde on 07/24/2008) (krg)
July 24, 2008 Opinion or Order Filing 50 MEMORANDUM OPINION AND ORDER denying #22 MOTION For Notice To Potential Class Members and MOTION for Tolling The Statute of Limitations filed by Plaintiffs: See Order for specifics. (Signed by Judge John McBryde on 07/24/2008) (krg)
July 24, 2008 Opinion or Order Filing 49 ORDER denying #32 Motion for Attorney Fees: See Order for specifics. (Signed by Judge John McBryde on 07/24/2008) (krg)
July 23, 2008 Opinion or Order Filing 48 DEFENDANTS' NOTICE THAT THEY DO NOT INTEND TO FILE A REPLY BRIEF IN RESPONSE TO PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR ATTORNEYS FEES filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson (krg)
July 23, 2008 Opinion or Order Filing 47 Consent to Become Party Plaintiff Pursuant to 29 USC 216(b) filed by Felix Vasquez (krg)
July 15, 2008 Opinion or Order Filing 46 Appendix in Support filed by Plaintiffs re #45 Reply (krg)
July 15, 2008 Opinion or Order Filing 45 PLAINTIFFS' REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR NOTICE TO POTENTIAL CLASS MEMBERS AND MOTION FOR TOLLING THE STATUTE OF LIMITATIONS filed by Plaintiffs (krg)
July 14, 2008 Opinion or Order Filing 44 ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS: Discovery due by 6/15/2009. Pretrial Conference set for 7/6/2009 09:00 AM before Judge John McBryde. Joinder of Parties due by 12/8/2008. Jury Trial set for 8/10/2009 09:00 AM before Judge John McBryde. See Order for further specifics. (Signed by Judge John McBryde on 07/14/2008) (krg)
July 11, 2008 Opinion or Order Filing 43 Appendix in Support re #42 Response in Opposition filed by Plaintiffs (krg)(NOT IMAGED... spiral bound)
July 11, 2008 Opinion or Order Filing 42 RESPONSE in Opposition to Defendant's Motion for Attorneys' Fees and Brief in Support filed by Plaintiffs (krg)
July 11, 2008 Opinion or Order Filing 41 MOTION for Leave to File Plaintiffs' Response to Defendants' Motion for Attorney's Fees and Appendix Under Seal for the Purpose of Preserving the Record for Appeal filed by Plaintiffs (krg)
July 10, 2008 Opinion or Order Filing 40 ORDER denying #39 Motion for Leave to File. See Order for specifics. (Signed by Judge John McBryde on 07/10/2008) (krg)
July 9, 2008 Opinion or Order Filing 39 MOTION for Leave to File Response to Defendants' Motion for Attorneys' Fees Under Seal and Memorandum in Support Thereof filed by Plaintiffs. (krg)
July 7, 2008 Opinion or Order Filing 38 NOTICE OF INTENT TO FILE PLAINTIFFS' REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR NOTICE TO POTENTIAL CLASS MEMBERS AND MOTION FOR TOLLING filed by Plaintiffs (krg)
July 3, 2008 Opinion or Order Filing 37 JOINT STATUS REPORT filed by Plaintiffs and Defendants (krg)
July 1, 2008 Opinion or Order Filing 36 ORDER: Set Deadlines as to #32 Motion for Attorney Fees.( Pltfs. expedited Responses due by 2 pm on 7/9/2008) (Signed by Judge John McBryde on 7/1/08) (pdm)
July 1, 2008 Opinion or Order Filing 35 TRANSCRIPT of Application for Preliminary Injunction Proceedings held on June 11, 2008, before Judge McBryde. Court Reporter/Transcriber Eileen Brewer, Telephone number 817-850-6661. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 7/22/2008. Redacted Transcript Deadline set for 8/1/2008. Release of Transcript Restriction set for 9/29/2008. (emb)
June 30, 2008 Opinion or Order Filing 34 Index to Appendix to Defendants' Response to Plaintiffs' Motion for Notice to Potential Class Members and Motion for Tolling Statute of Limitationsfiled by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson re #33 Response to Motion (krg
June 30, 2008 Opinion or Order Filing 33 RESPONSE filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson re #22 MOTION For Notice To Potential Class Members and MOTION for Tolling The Statute of Limitations (krg)
June 30, 2008 Opinion or Order Filing 32 MOTION for Attorney Fees and Brief in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson (krg)
June 11, 2008 Opinion or Order Filing 31 Minute Entry for proceedings held before Judge John McBryde: Motion Hearing held on 6/11/08 re #12 Motion for TRO filed by Joshu Andrew Van Patten, Eddie Jones, Courtland Dale Wallace, Raymond Keith Songer, Jose Ramon Guilamo, Debra Sue Garrison, George E Eaton, Jr, Sandra K Henderson, Monica Lenise Pervis, Bobby Joe Schroder, Karen Sue Parent, Victor Arrington, Daniel Garcia, Jr, Jeffery G Hines, Brian Alan McGlothin, Perry Scott Wiggins, Daniel Clinton Henley, Antrone Henderson, Eric C Matthews, Larry Hazelton, Brent Undra Roberson, Johnny Robert Jarvis, James B Todd, Crox Alvarado. Pla's exhibits numbers 1-6, 9-11, and 14-25, and dfts exhibits numbered 1-31, offered and admitted as part of the record. Court denied the request for preliminary injunction. Attorney Appearances: Plaintiff - David Glenn, Michael Kennedy, Trang Q Tran; Defense - Shawn Oller, Kevin Duddleston. (Court Reporter Eileen Brewer.) Time in Court: 2 hours 2 minutes. (csw)
June 11, 2008 Opinion or Order Filing 30 ORDER... that plaintiffs' application for preliminary injunction be, and is hereby, denied. See Order for further specifics. (Signed by Judge John McBryde on 06/11/2008) (krg)
June 11, 2008 Opinion or Order Filing 29 Defendants' Temporary Injunction Hearing Brief filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill (krg)
June 11, 2008 Opinion or Order Filing 28 SUBPOENA Returned Executed as to Roxanne Guin (krg)
June 10, 2008 Opinion or Order Filing 27 Plaintiffs' Witness List for Hearing on Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction by Sandra K Henderson, Daniel Clinton Henley, Jeffery G Hines, Johnny Robert Jarvis, Eddie Jones, Eric C Matthews, Brian Alan McGlothin, Karen Sue Parent, Monica Lenise Pervis, Brent Undra Roberson, Raymond Keith Songer, Bobby Joe Schroder, James B Todd, Joshu Andrew Van Patten, Courtland Dale Wallace, Perry Scott Wiggins, Crox Alvarado, Victor Arrington, George E Eaton, Jr, Daniel Garcia, Jr, Debra Sue Garrison, Jose Ramon Guilamo, Larry Hazelton, Antrone Henderson. (krg)
June 10, 2008 Opinion or Order Filing 26 Plaintiffs' Exhibit List for Hearing on Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction by Sandra K Henderson, Daniel Clinton Henley, Jeffery G Hines, Johnny Robert Jarvis, Eddie Jones, Eric C Matthews, Brian Alan McGlothin, Karen Sue Parent, Monica Lenise Pervis, Brent Undra Roberson, Raymond Keith Songer, Bobby Joe Schroder, James B Todd, Joshu Andrew Van Patten, Courtland Dale Wallace, Perry Scott Wiggins, Crox Alvarado, Victor Arrington, George E Eaton, Jr, Daniel Garcia, Jr, Debra Sue Garrison, Jose Ramon Guilamo, Larry Hazelton, Antrone Henderson. (krg)
June 10, 2008 Opinion or Order Filing 25 Exhibit List by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (krg)
June 10, 2008 Opinion or Order Filing 24 Witness List by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (krg)
June 9, 2008 Opinion or Order Filing 23 Appendix in Support re #22 MOTION For Notice To Potential Class Members and MOTION for Tolling The Statute of Limitations filed by plaintiffs' (dld)
June 9, 2008 Opinion or Order Filing 22 MOTION For Notice To Potential Class Members and MOTION for Tolling The Statute of Limitations filed by plaintiffs' (dld)
June 6, 2008 Opinion or Order Filing 21 NOTICE of Attorney Appearance by Kimberly Rives Miers on behalf of Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (csw)
June 5, 2008 Opinion or Order Filing 20 ORDER: The court's attention has been called to an error on page 1 of the order the court signed on June 3, 2008. Attached as an exhibit is a corrected page 1 on which the day of the week has been changed from "Tuesday" to "Wednesday." See order for specifics. (Signed by Judge John McBryde on 6/5/08) (dld)
June 3, 2008 Opinion or Order Filing 19 ORDER: Counsel are directed to confer for the purpose of submitting a Joint Status Report. Joint Status Report due by 7/3/2008. See order for specifics. (Signed by Judge John McBryde on 6/3/2008) (csw)
June 3, 2008 Opinion or Order Filing 18 ORDER: Evidentiary Hearing set for 6/11/2008 10:00 AM before Judge John McBryde on the application of plaintiffs for a preliminary injunction. By June 10, 2008, each party shall file separate lists of witnesses and exhibits. See order for specifics. (Signed by Judge John McBryde on 6/3/2008) (csw)
May 30, 2008 Opinion or Order Filing 17 Appendix in Support filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson re #16 Notice (Other) (Attachments: #1 Attachment, #2 Attachment, #3 Attachment, #4 Attachment, #5 Attachment, #6 Attachment, #7 Attachment, #8 Attachment, #9 Attachment, #10 Attachment) (krg)
May 30, 2008 Opinion or Order Filing 16 DEFENDANTS' RESPONSE TO PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson (krg)
May 23, 2008 Opinion or Order Filing 15 ORDER: Defendant's file Response by 2:00 pm on 5/30/2008 to #12 Plaintiff's Motion for TRO. (Signed by Judge John McBryde on 5/23/2008) (csw)
May 22, 2008 Opinion or Order Filing 14 ORDER granting #10 Application for Admission Pro Hac Vice by R Shawn Oller for Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson (Signed by Judge John McBryde on 5/22/2008) (csw)
May 22, 2008 Opinion or Order Filing 13 ORDER granting #11 Motion to Withdraw as Attorney. Attorney Robert F Friedman terminated and Edward Berbarie ; granting #11 Motion to Substitute Attorney. Kevin M Duddleston and Jeremy W Hawpe substituted for attorney Robert F Friedman and Edward Berbarie (Signed by Judge John McBryde on 5/22/2008) (csw)
May 22, 2008 Opinion or Order Filing 12 Plaintiffs' APPLICATION for Temporary Restraining Order and Preliminary Injunction (dld)
May 22, 2008 Opinion or Order Filing 11 MOTION to Withdraw as Attorney and Substitute Attorney filed by defendants' Requesting that Robert F Friedman and Edward F Berbarie withdraw. And that attorneys Kevin M Duddlesten and Jeremy Wayne Hawpe be substituted as attorneys for Dillon Resources Inc, Sunset Logistics Inc, Mike Hill and Rick Gibson. Robert Shawn Oller will continue to represent defendants. (dld)
May 22, 2008 Opinion or Order Filing 10 Application for Admission Pro Hac Vice by R Shawn Oller for Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson (csw)
May 21, 2008 Opinion or Order Filing 9 Plaintiff's CERTIFICATE OF INTERESTED PERSONS
May 14, 2008 Opinion or Order Filing 8 CORPORATE DISCLOSURE STATEMENT by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (dld)
May 14, 2008 Opinion or Order Filing 7 CERTIFICATE OF INTERESTED PERSONS by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (dld) (dld).
May 14, 2008 Opinion or Order Filing 1 NOTICE OF REMOVAL with Attachments A & B from 67th Judicial District Court, case number 067-230062-08 filed by Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (Filing fee $ 350; receipt number FW6056) (dld)
May 14, 2008 Opinion or Order Filing 6 TABS 31 thru 30, 31 to #1 Notice of Removal, by Defendants Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson along with Civil Cover Sheets, & Civil Filing Notice (dld)
May 14, 2008 Opinion or Order Filing 5 TABS 25 thru 30 to #1 Notice of Removal, by Defendants Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (dld)
May 14, 2008 Opinion or Order Filing 4 TABS 15 thru 24 to #1 Notice of Removal, by Defendants Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (dld)
May 14, 2008 Opinion or Order Filing 3 TABS 5 thru 14 to #1 Notice of Removal, by Defendants Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (dld)
May 14, 2008 Opinion or Order Filing 2 TABS 1 thru 4 to #1 Notice of Removal, by Defendants Dillon Resources Inc, Sunset Logistics Inc, Mike Hill, Rick Gibson. (dld)

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Search for this case: Songer et al v. Dillon Resources Inc et al.
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Plaintiff: Raymond Keith Songer
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Crox Alvarado
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Victor Arrington
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: George E Eaton, Jr
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Daniel Garcia, Jr
Represented By: David M Glenn
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Represented By: Trang Q Tran
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Plaintiff: Debra Sue Garrison
Represented By: David M Glenn
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Plaintiff: Jose Ramon Guilamo
Represented By: David M Glenn
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Plaintiff: Larry Hazelton
Represented By: David M Glenn
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Plaintiff: Antrone Henderson
Represented By: David M Glenn
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Plaintiff: Sandra K Henderson
Represented By: David M Glenn
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Represented By: Trang Q Tran
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Plaintiff: Daniel Clinton Henley
Represented By: David M Glenn
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Plaintiff: Jeffery G Hines
Represented By: David M Glenn
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Plaintiff: Johnny Robert Jarvis
Represented By: David M Glenn
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Plaintiff: Eddie Jones
Represented By: David M Glenn
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Represented By: Trang Q Tran
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Plaintiff: Eric C Matthews
Represented By: David M Glenn
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Plaintiff: Brian Alan McGlothin
Represented By: David M Glenn
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Plaintiff: Karen Sue Parent
Represented By: David M Glenn
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Represented By: Trang Q Tran
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Plaintiff: Monica Lenise Pervis
Represented By: David M Glenn
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Represented By: Trang Q Tran
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Plaintiff: Brent Undra Roberson
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Bobby Joe Schroder
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: James B Todd
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Joshu Andrew Van Patten
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Courtland Dale Wallace
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Perry Scott Wiggins
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Plaintiff: Felix Vasquez
Represented By: David M Glenn
Represented By: T Michael Kennedy
Represented By: Trang Q Tran
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Defendant: Dillon Resources Inc
Represented By: Kevin M. Duddlesten
Represented By: Jeremy Wayne Hawpe
Represented By: Kimberly Rives Miers
Represented By: R Shawn Oller
Represented By: Robert F Friedman
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Defendant: Sunset Logistics Inc
Represented By: Kevin M. Duddlesten
Represented By: Jeremy Wayne Hawpe
Represented By: Kimberly Rives Miers
Represented By: R Shawn Oller
Represented By: Robert F Friedman
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Defendant: Mike Hill
Represented By: Kevin M. Duddlesten
Represented By: Jeremy Wayne Hawpe
Represented By: Kimberly Rives Miers
Represented By: R Shawn Oller
Represented By: Robert F Friedman
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Defendant: Rick Gibson
Represented By: Kevin M. Duddlesten
Represented By: Jeremy Wayne Hawpe
Represented By: Kimberly Rives Miers
Represented By: R Shawn Oller
Represented By: Robert F Friedman
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Defendant: Sunset Ennis, Inc. doing business as Sunset Waxahaxie, Inc.
Represented By: Kevin M. Duddlesten
Represented By: R Shawn Oller
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