Hernandez v. Results Staffing Inc.
Plaintiff: Jose Luis Hernandez
Defendant: Results Staffing Inc.
Case Number: 4:2014cv00182
Filed: March 11, 2014
Court: US District Court for the Northern District of Texas
Office: Fort Worth Office
County: Tarrant
Presiding Judge: John McBryde
Nature of Suit: Civil Rights: Employment
Cause of Action: 38 U.S.C. § 4311 Discrimination Against Persons Who Serve in the Uniformed Services
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2021 Opinion or Order Destruction of Court exhibits (Judge's Copy of Hearing Notebook on Rule 60 motion-exhibits 1-21).[Trial Exhibits scanned as doc. #158, Joint exhibits scanned as doc. 80]. (fba/chmb)
July 8, 2019 Opinion or Order Filing 202 ORDER: As a vehicle for the docketing of items pertaining to the possibility of imposition of discipline against Ryan Eugene Ray, a member of the bar of this court, who represented the plaintiff Jose Luis Hernandez, the court is ordering the clerk to create a Misc. Action styled"In Re Possible Discipline of Ryan Eugene Ray" to bear Misc. Case No. 4:19-mc-15-A, and documents (listed in this order) are to be included in the file and on the docket. (Ordered by Senior Judge John McBryde on 7/8/2019) (wrb) (Ordered by Senior Judge John McBryde on 7/8/2019) (wrb)
June 7, 2019 Opinion or Order Filing 201 RESPONSE filed by Jose Luis Hernandez re: #200 ORDER. (tln)
June 5, 2019 Opinion or Order Filing 200 ORDER:Ray inform the court by a document filed by 2pm Jun 7 2019 whether he wishes to have a hearing on the subject of possible discipline. If Ray wishes to have a hearing, the court will issue an order fixing the date, time and conditions. (Ordered by Senior Judge John McBryde on 6/5/2019) (wrb)
June 5, 2019 Opinion or Order Response from Ray re hearing due by 6/7/2019. re: #200 Order, (wrb)
June 4, 2019 Opinion or Order Filing 199 Declaration of Ryan E. Ray in Support of #198 Response to Order to Show Cause by Jose Luis Hernandez. (wrb)
June 4, 2019 Opinion or Order Filing 198 RESPONSE filed by Jose Luis Hernandez re: #197 Order to Show Cause (wrb)
May 20, 2019 Opinion or Order Filing 197 ORDER: Ray file by 4pm Jun 4 2019 whatever document he might wish to file in response to the court's concern, as expressed in this order, relative to his conduct and the possibility that the court might issue an order imposing discipline on him for his inappropriate conduct, including the possibility of an order directing the court clerk to remove Ray's name from the role of attorneys authorized to practice law before this court. Responses due by 6/4/2019. (Ordered by Senior Judge John McBryde on 5/20/2019) (wrb)
April 24, 2019 Opinion or Order Filing 196 FINAL JUDGMENT...consistent with the joint stipulation of dismissal...the claims of pltf against deft are dismissed w/prej; each party bear the court costs incurred by that party. (Ordered by Senior Judge John McBryde on 4/24/2019) (wrb)
April 24, 2019 Opinion or Order Filing 195 JOINT STIPULATION OF DISMISSAL with prejudice and Withdrawal of Pending Motions by Jose Luis Hernandez, Results Staffing Inc.. (wrb)
March 20, 2019 Opinion or Order Filing 194 Memorandum Opinion and Order: The court has concluded that Hernandez's motion #172 for reconsideration should be denied. Therefore, The court ORDERS that such motion be, and is hereby, denied. (Ordered by Senior Judge John McBryde on 3/20/2019) (edm)
February 25, 2019 Opinion or Order Filing 193 Defendant's RESPONSE filed by Results Staffing Inc. to Plaintiff's Law of the Case Arguments (wrb)
February 22, 2019 Opinion or Order Filing 192 Appendix in Support filed by Results Staffing Inc of Defendant's #191 Reply in Support of its Supplemental Brief in Support of Defendant's Motion for Sanctions (wrb)
February 22, 2019 Opinion or Order Filing 191 Defendant's REPLY IN SUPPORT filed by Results Staffing Inc. of its #176 Supplemental Brief in Support of Defendant's Motion for Sanctions (wrb)
February 22, 2019 Opinion or Order Filing 190 Plaintiff's Supplement by Jose Luis Hernandez to his #187 Amended Reply to Defendant's Response to Plaintiff's Motion for Reconsideration (wrb)
February 22, 2019 Opinion or Order Filing 189 Supplemental by Jose Luis Hernandez to #188 Appendix in Support of Plaintiff's Amended Reply to Defendant's Response to Plaintiff's Motion for Reconsideration (wrb)
February 19, 2019 Opinion or Order Filing 188 Appendix in Support filed by Jose Luis Hernandez of Plaintiff's #187 Amended Reply to Defendant's Response to Plaintiff's Motion for Reconsideration (wrb)
February 19, 2019 Opinion or Order Filing 187 Plaintiff's Amended Reply to Defendant's Response to Plaintiff's Motion for Reconsideration by Jose Luis Hernandez. Amendment to #184 Reply (wrb)
February 14, 2019 Opinion or Order Filing 186 ORDER: by 4pm Feb 19 2019, pltf through cnsl, fully comply with the requirements of the Jan 28 2019 order. The court expects pltf, through Ray, to fully comply by providing "the text of all communications that have occurred by any means between Ryan E. Ray and Daniel Lewis Kocurek, MD" (Ordered by Senior Judge John McBryde on 2/14/2019) (wrb)
February 12, 2019 Opinion or Order Filing 185 Appendix in Support filed by Jose Luis Hernandez of Plaintiff's #184 Reply to Defendant's Response to Plaintiff's Motion for Reconsideration (wrb)
February 12, 2019 Opinion or Order Filing 184 Plaintiff's REPLY filed by Jose Luis Hernandez to Defendant's Response to Plaintiff's #172 MOTION for Reconsideration (wrb)
February 5, 2019 Opinion or Order Filing 183 Plaintiff's RESPONSE filed by Jose Luis Hernandez to Defendant's #176 Supplemental Brief Filed January 14 2019 (wrb)
February 5, 2019 Opinion or Order Filing 182 ORDER of USCA No. 17-11201 as to #156 Notice of Appeal, filed by Jose Luis Hernandez. IT IS ORDERED that appellant's motion for leave to file a petition for rehearing out of time is DENIED. (tle)
January 28, 2019 Opinion or Order Filing 181 ORDER: After having received the items filed by defendant, Results Staffing, Inc., in the above-captioned action on January 25, 2019, titled "Defendant Results Staffing, Inc.'s Response to Plaintiff's Motion for Reconsideration of an Interlocutory Order Pursuant to Fed. R. Civ. P. 54(B)" and its supporting appendix, the court has concluded that it would benefit from a reply of plaintiff, Jose Luis Hernandez, to such response and the contents of such appendix. Therefore, The court ORDERS that plaintiff file such a reply by 4:00 p.m. on February 12, 2019. If defendant wishes to respond to whatever arguments or authorities plaintiff urges in support of his position on the "law of the case" doctrine, it do so by a document filed by 4:00 p.m. on February 25, 2019. (see order for further specifics) (Ordered by Senior Judge John McBryde on 1/28/2019) (mpw)
January 25, 2019 Opinion or Order Filing 180 Appendix in Support filed by Results Staffing Inc. re #179 Response. (bdb)
January 25, 2019 Opinion or Order Filing 179 RESPONSE filed by Results Staffing Inc. re: #172 MOTION for Reconsideration. (bdb)
January 17, 2019 Opinion or Order Filing 178 ORDER: Plaintiff to file response to supplemental brief by 4pm Feb 8 2019 and if defendant wishes to reply to such response, it do so by 4pm on Feb 22 2019. (Ordered by Senior Judge John McBryde on 1/17/2019) (wrb)
January 14, 2019 Opinion or Order Filing 177 Appendix in Support filed by Results Staffing Inc. of Defendant's #176 Supplemental Brief in Support of Defendant's Motion for Sanctions (Attachments: #1 Additional Page(s) Part 2) (wrb)
January 14, 2019 Opinion or Order Filing 176 Defendant's Supplemental Brief in Support filed by Results Staffing Inc. of Defendant's #111 MOTION for Sanctions (wrb)
January 14, 2019 Opinion or Order Filing 175 Defendant's RESPONSE filed by Results Staffing Inc. to Court's #170 December 12 2018 Order (wrb)
January 4, 2019 Opinion or Order Filing 174 ORDER: Response due from defendant by 1/25/2019. to #172 MOTION for Reconsideration, #173 Appendix in Support (Ordered by Senior Judge John McBryde on 1/4/2019) (wrb)
January 3, 2019 Opinion or Order Filing 173 Appendix in Support filed by Jose Luis Hernandez re #172 MOTION for Reconsideration of an Interlocutory Order Pursuant to Fed R Civ P 54(B) and brief (wrb)
January 3, 2019 Opinion or Order Filing 172 Plaintiff's MOTION for Reconsideration of An Interlocutory Order Pursuant to Fed R Civ P 54(B) filed by Jose Luis Hernandez with Brief in Support. (wrb)
December 17, 2018 Opinion or Order Filing 171 Plaintiff's RESPONSE filed by Jose Luis Hernandez to the Court's #170 Order Dated December 12, 2018 (wrb)
December 12, 2018 Opinion or Order Filing 170 ORDER...by 4pm Jan 14 2019, deft file response to #169 Amended Document, #168 Supplemental Document which will include a response to all arguments and authorities provided by plaintiff in the document plaintiff is to file by 4pm Dec 17 2018 pursuant to preceding directive in this order. (Ordered by Senior Judge John McBryde on 12/12/2018) (wrb)
December 11, 2018 Opinion or Order Filing 169 AMENDED SUPPLEMENTAL BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR SANCTIONS AND REQUEST FOR NEW JURY TRIAL by Jose Luis Hernandez. Amendment to #168 Supplemental Document.. (wrb)
December 7, 2018 Opinion or Order Filing 168 Supplemental Brief in Opposition by Jose Luis Hernandez as to #151 Response. (npk)
November 28, 2018 Opinion or Order Filing 167 USCA5 BILL OF COSTS: The Clerk is requested to tax the following costs against: Jose Luis Hernandez. Cost are hereby taxed in the amount of $67.50 this 27th day of November, 2018. (Attachments: #1 Additional Page(s)) (tle) (Main Document 167 replaced on 11/28/2018) (tle).
November 28, 2018 Opinion or Order Filing 166 Opinion of USCA No. 17-11201 in accordance with USCA judgment re #156 Notice of Appeal, filed by Jose Luis Hernandez. The order granting relief under Rule 60(b)(3) is AFFIRMED. (tle)
November 28, 2018 Opinion or Order Filing 165 JUDGMENT/MANDATE of USCA as to #156 Notice of Appeal, filed by Jose Luis Hernandez. It is ordered and adjudged that the judgment of the District Court is affirmed... IT IS FURTHER ORDERED that plaintiff-appellant pay to defendant appellee the costs on appeal to be taxed by the Clerk of this Court. Issued as Mandate: 11/27/18. (tle)
November 19, 2018 Opinion or Order Filing 164 ORDER of USCA No. 17-11201 as to #156 Notice of Appeal, filed by Jose Luis Hernandez. The appellants motion to stay issuance of the mandate is DENIED. (Attachments: #1 USCA Cover Letter) (tle)
July 13, 2018 Opinion or Order Destruction of Defendant's Exhibit 8, Exhibits 1 - 24, 27 offered by Results Staffing Inc. [Deft Exhibits Imaged as document #158](EXH-ADM flag removed) (tle)
July 13, 2018 Opinion or Order Destruction of Joint Exhibits 1-33, Plaintiff's Exhibits 44-45 and Defendant's Exhibits 49-52,54-55,57-66,69 and 70. [ Joint Exhibits imaged as document #80](EXH-ADM flag removed) (tle)
February 5, 2018 Opinion or Order COURT'S COPY of Appellant's BRIEF & Appellant's RECORD EXCERPTS filed to the U.S. Court of Appeals Fifth Circuit [17-11201]. (Not imaged , placed in file room). (tle)
January 22, 2018 Opinion or Order Filing 163 JUDGMENT/MANDATE of USCA No. 17-11026 as to #156 Notice of Appeal, filed by Jose Luis Hernandez. Absent a sufficient request for permission to appeal, this court is without jurisdiction and the appeal must be dismissed. Id.IT IS SO ORDERED. Issued as Mandate: 1/22/18. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Attachments: #1 Cover Letter) (tle)
November 1, 2017 Opinion or Order Record on Appeal for USCA5 17-11201 (related to #156 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 3 Volume(s) electronic transcript, #80,158 Volume(s) or container(s) of trial or hearing original exhibits, Sealed or ex parte electronic document number(s): 30 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (tle)
October 25, 2017 Opinion or Order Filing 162 Transcript Order Form: re #156 Notice of Appeal, transcript is already on file in the Clerk's Office. (tle)
October 10, 2017 Opinion or Order Filing 161 Received letter from United States Court of Appeals Fifth Circuit re: No. Misc. No. 17-90033. Enclosed is a copy of the court's order granting the motion for leave to appeal #156 . The case is transferred to the court's general docket. All future inquiries should refer to docket No. 17-11201. (tle) Modified on 11/7/2017 (added image of order) (tle).
October 10, 2017 Opinion or Order Filing 160 USCA Case Number 17-11201 in United States Court of Appeals Fifth Circuit for Notice of Appeal, filed by Jose Luis Hernandez. (tle)
October 10, 2017 Opinion or Order Filing 159 ORDER of USCA No. 17-90033: The unopposed motion for leave to appeal from the interlocutory order of the United States District Court of the Northern District of Texas, Fort Worth, entered on September 1, 2017, is GRANTED. (tle)
September 21, 2017 Opinion or Order Filing 158 Electronic Copy of Admitted Hearing or Trial Exhibit(s) re #156 Notice of Appeal,,,, filed by Results Staffing Inc.. Exhibits are available for public inspection at the clerk's office. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 27, #26 Exhibit(s) Impeachment 8) (Bailey, Joel)
September 12, 2017 Opinion or Order USCA Case Number 17-11026 in United States Court of Appeals Fifth Circuit for #156 Notice of Appeal, filed by Jose Luis Hernandez. (tle)
September 8, 2017 Opinion or Order Filing 157 ORDER: The undersigned's understanding is that the filing of a notice of appeal will not give the Fifth Circuit jurisdiction to entertain an interlocutory appeal from the order this court entered on Sep 1 2017. The undersigned suggests that plaintiff and his counsel study the provisions of Rule 5 of the Fed Rules of Appellate Procedure for the purpose of evaluating the procedure that is prescribed for the making of an application of the kind contemplated by 1292(b). (Ordered by Judge John McBryde on 9/8/2017) (wrb)
September 7, 2017 Opinion or Order Filing 156 NOTICE OF INTERLOCUTORY APPEAL as to #154 Memorandum Opinion and Order to the Fifth Circuit by Jose Luis Hernandez. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (tle)
September 5, 2017 Opinion or Order Filing 155 ORDER: The court's attention has been called to clerical errors in the wording on pages 14, 35, and 36 of the #154 Memorandum Opinion and Order the court signed in the above-captioned case on 9/1/2017. Attached to this order as an exhibit are corrected pages 14, 35, and 36 of such Memorandum Opinion and Order. The parties are to substitute these pages in the copy of the Memorandum Opinion and Order signed 9/1/2017; and, the clerk is to substitute these corrected pages for the original pages in the original paper copy of such Memorandum Opinion and Order and in the scanned version of such Memorandum Opinion and Order so that the electronic image of the Memorandum Opinion and Order will contain the corrected pages. (Ordered by Judge John McBryde on 9/5/2017) (bdb)
September 1, 2017 Opinion or Order Filing 154 MEMORANDUM OPINION AND ORDER granting #111 Motion for relief from judgment filed by Results Staffing Inc. (Ordered by Judge John McBryde on 9/1/2017) (bdb) (Main Document 154 replaced on 9/5/2017 per #155 Order) (bdb).
August 14, 2017 Opinion or Order Filing 153 Notice of Filing of Official Electronic Transcript of Report of Settlement Conference Proceedings held on 5/16/17 before Judge John McBryde. Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. 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 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. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (35 pages) Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017. (dgs)
August 7, 2017 Opinion or Order Filing 152 Defendant's RESPONSE filed by Results Staffing Inc. re: #148 Plaintiff's Second Brief in Opposition. (bdb)
August 7, 2017 Opinion or Order Filing 151 Plaintiff's THIRD BRIEF in Opposition filed by Jose Luis Hernandez re: #111 MOTION for Sanctions. (bdb)
July 24, 2017 Opinion or Order Filing 150 Defendant's Brief in Support filed by Results Staffing Inc. re #111 MOTION for Relief from Judgment (wrb)
July 24, 2017 Opinion or Order Filing 149 Appendix in Support filed by Jose Luis Hernandez of Plaintiff's #148 Second Brief in Opposition to Defendant's Motion for Relief from Judgment (wrb)
July 24, 2017 Opinion or Order Filing 148 Plaintiff's SECOND BRIEF IN OPPOSITION filed by Jose Luis Hernandez to Defendant's #111 MOTION For Relief From Judgment (wrb)
June 29, 2017 Opinion or Order Filing 147 Notice of Filing of Official Electronic Transcript of Defendant's Rule 60 Motion Proceedings held on 6/12/17 before Judge John McBryde. Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. 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 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. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (198 pages) Redaction Request due 7/20/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/27/2017. (dgs)
June 12, 2017 Opinion or Order Filing 146 ORDER: Each party file by July 24 2017 a brief setting forth in detail all facts, supporting evidence, arguments and legal authorities in support of whatever position the party takes in response to the motion of deft for relief under Rule 60. By Aug 7 2017, ea party file a response to the brief filed by the other party pursuant to the directive of the preceding part of this order. (Ordered by Judge John McBryde on 6/12/2017) (wrb)
June 12, 2017 Opinion or Order Filing 145 Court's Copy of Defendant's List of Exhibits from Rule 60 Motion hearing held 6/12/17. (wrb)
June 12, 2017 Opinion or Order Filing 144 Court's Copy of Defendant's Witness List from Rule 60 Motion hearing held 6/12/17. (wrb)
June 12, 2017 Opinion or Order Filing 143 Court's Copy of Plaintiff's Witness List from Rule 60 Motion hearing held 6/12/17. (wrb)
June 12, 2017 Opinion or Order Filing 142 Court's Copy of Plaintiff's Exhibit List from Rule 60 Motion hearing held 6/12/17. (wrb)
June 12, 2017 Opinion or Order Filing 141 Minute Entry for proceedings held before Judge John McBryde: Rule 60 Motion Hearing held on 6/12/2017...Witnesses identified and sworn: Ryan Ray, Carrie Hoffman, Britton McClung, Jose Hernandez, Jennifer Graham, Staff Sergeant Scotti Smothermon, Courtney Hernandez, Vicki Maddox; opening statements by deft's cnsl and pltf's cnsl; deft exh 8 1-24,27 offered and received; pltf exh 1-21 offer and received. Defense rested. Impeachment Exh 8 offered and received. Within 6 weeks from today, each party to file an exhaustive brief. Each party to file a response to the opposing party's brief within 2 weeks thereafter. Attorney Appearances: Plaintiff - Ryan Ray; Defense - Jacob Kring. (Court Reporter: Debbie Saenz) (Exhibits admitted) Time in Court - 3:52. (wrb)
June 7, 2017 Opinion or Order Filing 140 Plaintiff's List of Exhibits for Hearing on Rule 60 Motion by Jose Luis Hernandez. (wrb)
June 7, 2017 Opinion or Order Filing 139 Plaintiff's Witness List for Hearing on Rule 60 Motion by Jose Luis Hernandez. (wrb)
June 7, 2017 Opinion or Order Filing 138 Defendant's Witness List for Hearing on Rule 60 Motion by Results Staffing Inc.. (wrb)
June 7, 2017 Opinion or Order Filing 137 Defendant's List of Exhibits for Hearing on Rule 60 Motion and Statement on Admissibility and Objections by Results Staffing Inc.. (wrb)
May 19, 2017 Opinion or Order Filing 136 ORDER: The court ORDERS that a hearing on the Rule 60 motion be, and is hereby, scheduled to commence at 10:00 a.m. on June 12, 2017, at which time, date, and place counsel for the parties, plaintiff, a corporate representative of defendant, and all witnesses who are to testify at the hearing are to be present in the Fourth Floor Courtroom of the United States Courthouse, Fort Worth, Texas. The court further ORDERS that copies of all exhibits that are to be offered at the hearing are to be delivered to the court for review by 4:00 p.m. on June 7, 2017. Rule 60 Motion Hearing set for 6/12/2017 10:00 AM in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge John McBryde. (Ordered by Judge John McBryde on 5/19/2017) (ewd)
May 17, 2017 Opinion or Order Filing 135 ORDER... The court has concluded that the May 18, 23, and 25 deadlines, and the things to be accomplished by those deadlines, as set forth on pages 2 and 3 of the order issued by the court on May 2, 2017, should be withdrawn and set aside, subject to reinstatement by a subsequent order. (Ordered by Judge John McBryde on 5/17/2017) (wxc)
May 16, 2017 Opinion or Order Filing 134 Minute Entry for proceedings held before Judge John McBryde: Settlement Conference held on 5/16/2017. Discussed whether court could decide pending rule 60(b) motion; parties directed to reconvene at 1:30 to resume settlement discussions and to meet at 3pm to inform the court of the status; parties did not reach settlement; discussed pending motion and scope of retrial; parties ordered by 4pm May 2017 to file exhibit list and copies of exhibits; hearing concluded. Attorney Appearances: Plaintiff - Ryan Ray; Defense - Joel Bailey, lead/Jacob Kring. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :43. (wrb)
May 16, 2017 Opinion or Order Filing 133 ORDER: The court gave the parties instructions during the afternoon session of the hearing conducted in the action on the date of the signing of this order concerning the filing of exhibit lists and the delivery to Chambers of Copies of exhibits. The court orders that by 4pm May 19 2017, the parties shall comply with such instructions. (Ordered by Judge John McBryde on 5/16/2017) (wrb)
May 16, 2017 Opinion or Order Filing 132 JOINT LIST OF TRIAL EXHIBITS by Jose Luis Hernandez, Results Staffing Inc.. (wrb)
May 15, 2017 Opinion or Order Filing 131 Appendix in Support filed by Results Staffing Inc. of Defendant's #130 Reply in Support of its Motion for Relief from Judgment and for Sanctions (wrb)
May 15, 2017 Opinion or Order Filing 130 REPLY IN SUPPORT filed by Results Staffing Inc. of its #111 MOTION for Relief from Judgment and For Sanctions (wrb)
May 12, 2017 Opinion or Order Filing 129 Appendix in Support filed by Jose Luis Hernandez to #128 Statement Pertaining to Information or Records Supporting Certain Testimony of Plaintiff (wrb)
May 12, 2017 Opinion or Order Filing 128 STATEMENT Pertaining to Information or Records Supporting Certain Testimony of Plaintiff filed by Jose Luis Hernandez (wrb)
May 12, 2017 Opinion or Order Filing 127 Appendix in Support filed by Results Staffing Inc. re #126 State of Records Relating to Plaintiff's July 2013 Medical Treatment and Steps Taken to Gain Information (wrb)
May 12, 2017 Opinion or Order Filing 126 Defendant's Statement of Records Relating to Plaintiff's July 2013 Medical Treatment and Steps Taken to Gain Information filed by Results Staffing Inc. (wrb)
May 11, 2017 Opinion or Order Filing 125 SECOND AMENDED ANSWER to #1 Complaint, filed by Results Staffing Inc. (npk)
May 10, 2017 Opinion or Order Filing 124 ORDER granting #115 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge John McBryde on 5/10/2017) (npk)
May 10, 2017 Opinion or Order Filing 123 Appendix in Support filed by Jose Luis Hernandez of Plaintiff's #122 Memorandum in Opposition to Defendant's Motion for Relief from Judgment and for Sanctions (wrb)
May 10, 2017 Opinion or Order Filing 122 Plaintiff's Memorandum in Opposition filed by Jose Luis Hernandez to Defendant's #111 MOTION for Relief from Judgment and for Sanctions (wrb)
May 10, 2017 Opinion or Order Filing 121 Appendix in Support filed by Jose Luis Hernandez of Plaintiff's #120 Opposition to Defendant's Motion for Leave to File Second Amended Answer (wrb)
May 10, 2017 Opinion or Order Filing 120 Plaintiff's Opposition filed by Jose Luis Hernandez to Defendant's #115 MOTION for Leave to File Second Amended Answer (wrb)
May 2, 2017 Opinion or Order Filing 119 ORDER granting #118 Motion to Extend Time. Plaintiff response to such, motion, brief, and appendix due by 5/10/2017. Plaintiff response to defendant's motion due by 5/11/2017. Settlement Conference set for 5/16/2017 09:00 AM before Judge John McBryde. (Ordered by Judge John McBryde on 5/2/2017) (edm)
May 1, 2017 Opinion or Order Filing 118 EMERGENCY MOTION TO EXTEND DEADLINES filed by Jose Luis Hernandez. (edm)
April 28, 2017 Opinion or Order Filing 117 ORDER: Plaintiff file Response to deft motion for leave to file second amended answer by 2pm 5/4/2017. (Ordered by Judge John McBryde on 4/28/2017) (wrb)
April 28, 2017 Opinion or Order Filing 116 Appendix in Support filed by Results Staffing Inc. re #115 MOTION for Leave to File Second Amended Answer (wrb)
April 28, 2017 Opinion or Order Filing 115 Defendant's MOTION for Leave to File Second Amended Answer filed by Results Staffing Inc. (wrb)
April 28, 2017 Opinion or Order Filing 114 ORDER: Response due from Plaintiff by 2pm 5/3/2017. re: #111 MOTION for Relief from judgment, #113 Appendix in Support, #112 Brief/Memorandum in Support of Motion (Ordered by Judge John McBryde on 4/28/2017) (wrb)
April 27, 2017 Opinion or Order Filing 113 Appendix in Support filed by Results Staffing Inc. of Defendant's #111 MOTION for Relief from Judgment and For Sanctions (Attachments: #1 Additional Page(s)) (wrb)
April 27, 2017 Opinion or Order Filing 112 Brief in Support filed by Results Staffing Inc. re #111 MOTION For Relief From Judgment and for Sanctions (wrb)
April 27, 2017 Opinion or Order Filing 111 Defendant's MOTION for Relief from Judgment and for Sanctions filed by Results Staffing Inc. (wrb)
March 15, 2017 Opinion or Order Filing 110 Plaintiff's RESPONSE filed by Jose Luis Hernandez to Defendant's #105 Proposed Issues to be Resolved at Retrial (wrb)
March 15, 2017 Opinion or Order Filing 109 Defendant's RESPONSE filed by Results Staffing Inc. to #106 Plaintiff's Proposed Issues to be Resolved At Retrial (wrb)
March 14, 2017 Opinion or Order Filing 108 ORDER re #107 Joint Emergency Motion to Extend Certain Deadlines. The court orders that the paragraphs set forth below modify, and replace, the deadlines for the comparable activities, as set forth in the February 23, 2017 order of this court titled "Order Re Pretrial Procedures for the Retrial": See Order for specifics. Settlement Conference set for 5/2/2017 at 9:00 a.m. in the alternate jury room associated with the Chambers of the undersigned on the Fourth Floor of the United States Courthouse, Fort Worth, Texas. (Ordered by Judge John McBryde on 3/14/2017) (mlm)
March 14, 2017 Opinion or Order Filing 107 JOINT EMERGENCY MOTION to extend certain deadlines filed by Jose Luis Hernandez, Results Staffing Inc. (wrb)
March 14, 2017 Opinion or Order Hearing/Deadline Modification: Deadlines/hearings set. Settlement Conference set for 5/2/2017 09:00 AM (mlm)
March 9, 2017 Opinion or Order Filing 106 Plaintiff's Proposed Issues to be Resolved at Retrial filed by Jose Luis Hernandez. (wrb)
March 9, 2017 Opinion or Order Filing 105 Defendant's List of Issues to be Resolved at Retrial filed by Results Staffing Inc.. (wrb)
March 3, 2017 Opinion or Order Filing 104 ORDER granting in part #103 Motion to Continue and Reopen Discovery. Discovery now be conducted by 4/17/2017. Further orders that the order of Feb 23 2017 regarding settlement is set aside and vacated, the parties need not appear on March 6 2017. (Ordered by Judge John McBryde on 3/3/2017) (wrb)
March 3, 2017 Opinion or Order Filing 103 JOINT EMERGENCY MOTION to Re-Open Discovery and Continue Deadlines filed by Jose Luis Hernandez, Results Staffing Inc. (wrb)
March 3, 2017 Opinion or Order Filing 102 NOTICE of Attorney Appearance by Joel Bailey on behalf of Results Staffing Inc.. (wrb)
February 27, 2017 Opinion or Order Filing 101 ORDER granting #100 Motion to Withdraw as Attorney. Attorney Carrie B Hoffman terminated (Ordered by Judge John McBryde on 2/27/2017) (wxc)
February 27, 2017 Opinion or Order Filing 100 Agreed Motion to Withdraw as Counsel filed by Results Staffing Inc. (wxc)
February 24, 2017 Opinion or Order Filing 99 Agreed MOTION to Withdraw as Attorney filed by Results Staffing Inc. (Attachments: #1 Proposed Order) (Hoffman, Carrie) Modified on 3/2/2017 (wxc).
February 23, 2017 Opinion or Order Filing 98 **SET ASIDE AND VACATED PER ORDER OF MAR 3 2017** ORDER RE SETTLEMENT MEETING AND POSSIBLE MEDIATION...the parties to participate in a settlement conference to commence at 9am March 6 2017 in the alternate jury room associated with the Chambers on the fourth floor. The court orders that if the parties prefer to conduct their settlement negotiations through a mediator, the parties advise the court of that fact by a document jointly signed by lead cnsl for parties filed in the action on Mar 2 2017 in which document they shall: identify the name, address and telephone number the mediator they wish to use; the preferred date and beginning time on that date for the mediation; and the address of the place where the mediation is to occur. (Ordered by Judge John McBryde on 2/23/2017) (wrb) Modified on 3/3/2017 (wrb).
February 23, 2017 Opinion or Order Filing 97 ORDER RE PRETRIAL PROCEDURES FOR THE RETRIAL...The Fifth Circuit remanded this action to determine Hernandez' damages..the court orders that each party file by Mar 9 2017, a document listing each of the issues that such party contends is to be resolved at such a retrial..by March 15 2017, each party file a response to the filing made by the other party. By 10am, Mar 16 2017, lead cnsl for each party shall meet in person for purpose of identifying exhibits to be offered at the retrial. See order for further specifics. (Ordered by Judge John McBryde on 2/23/2017) (wrb)
February 22, 2017 Opinion or Order Filing 96 Opinion of USCA No. 15-10602 in accordance with USCA judgment re #73 Notice of Appeal, filed by Jose Luis Hernandez. Because we conclude that Hernandez was entitled to reemployment under the Act's convalescence provision, we REVERSE the district court's judgment, VACATE the award of costs, and RENDER judgment in favor of Hernandez on his reemployment claim. We REMAND this case to the district court to determine Hernandez's damages and for other proceedings consistent with this opinion...We therefore REVERSE the district court's judgment and VACATE the award of costs in favor of Results and RENDER judgment in favor of Hernandez on his reemployment claim. We REMAND this case to the district court to determine Hernandez's damages and for other proceedings consistent with this opinion. (tle)
February 22, 2017 Opinion or Order Filing 95 JUDGMENT/MANDATE of USCA No. 15-10602 as to #73 Notice of Appeal, filed by Jose Luis Hernandez. It is ordered and adjudged that the judgment of the District Court is reversed, the award of costs is vacated, judgment is rendered in favor of Hernandez on his reemployment claim and the cause is remanded to theDistrict Court to determine Hernandez's damages and for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that each party bear its own costs on appeal. Case remanded to the district court for further proceedings. Issued as Mandate: 2/22/17. (tle)
February 22, 2017 Opinion or Order Case reopened per #95 , #96 USCA Mandate. (tle)
May 16, 2016 Opinion or Order Filing 94 ORDER granting #90 Motion to Stay ( #90 Motion to Stay filed by Jose Luis Hernandez terminated.) The part of the final judgment in the action issued May 26 2015, providing that "the court orders that deft have and recover from plaintiff all costs of court incurred by defedant" is STAYED pending the outcome of plaintiff's appeal from such final judgment. The court has received info that atty Britton D McClung is now atty of record for deft. Clerk directed to add McClung and his contact info; Clerk to provide copy of this order to USCA5 - which is on the docket of the Fifth Circuit as its Case No. 15-10602. cy to Appeals (Ordered by Judge John McBryde on 5/16/2016) (wrb)
May 16, 2016 Opinion or Order Filing 93 NOTICE of Attorney Appearance by Jacob B Kring, Britton D McClung on behalf of Results Staffing Inc.. (wrb)
May 5, 2016 Opinion or Order Filing 92 ORDER: by 2pm 5/10/2016, defendant file a response to #90 motion. Plaintiff may reply to response by 5/13/2016. (Ordered by Judge John McBryde on 5/5/2016) (wrb)
May 5, 2016 Opinion or Order Filing 91 Memorandum of Points and Authorities in Support filed by Jose Luis Hernandez re #90 MOTION to Stay Pending Appeal. (tln)
May 5, 2016 Opinion or Order Filing 90 MOTION to Stay #66 Final Judgment Pending Appeal filed by Jose Luis Hernandez. (tln)
April 14, 2016 Opinion or Order Filing 89 Writ of Execution Issued as to Plaintiff Jose Luis Hernandez. (wrb)
April 14, 2016 Opinion or Order Filing 88 Abstract of Judgment issued. (wrb)
April 14, 2016 Opinion or Order Filing 87 Order Unfiling #86 Application for Writ filed by Results Staffing Inc. due to the following deficiency: case not designated for electronic filing. re: #86 Application for Writ (Ordered by Judge John McBryde on 4/14/2016) (wrb)
April 13, 2016 Opinion or Order Filing 86 [unfiled per order of 4/14/16] APPLICATION for Writ of of Execution by Results Staffing Inc.. (Kring, Jacob) Modified on 4/14/2016 (wrb).
March 15, 2016 Opinion or Order Filing 85 Court's Copy of Appellant's Record Excerpts filed with the U.S. Court of Appeals Fifth Circuit No. 15-10602 #73 Notice of Appeal. (tle)
March 9, 2016 Opinion or Order Filing 84 ORDER granting #83 Motion to Withdraw as Attorney. Attorney Jessica Elaine Anderson terminated (Ordered by Judge John McBryde on 3/9/2016) (wrb)
March 8, 2016 Opinion or Order Filing 83 MOTION to Withdraw as Attorney filed by Results Staffing Inc. (wrb)
March 8, 2016 Opinion or Order Filing 82 MOTION to Withdraw as Attorney filed by Results Staffing Inc. (Attachments: #1 Proposed Order) (Hoffman, Carrie)
March 7, 2016 Opinion or Order Filing 81 Appellant's BRIEF by Jose Luis Hernandez. (Attachments: #1 Exhibit(s) Record Excerpts) (Ray, Ryan)
March 2, 2016 Opinion or Order Record on Appeal for USCA5 15-10602 (related to #73 appeal): Transmitted to The Ray Law Group on disk only by hand delivery. (tle)
January 26, 2016 Opinion or Order Record on Appeal for USCA5 15-10602 (related to #73 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, 1 Volume(s) or container(s) of trial or hearing original exhibits, Sealed or ex parte electronic document number(s): 30 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (tle)
January 21, 2016 Opinion or Order Filing 80 Electronic Copy of Joint Admitted Hearing or Trial Exhibit(s) re #73 Notice of Appeal, Exhibits are available for public inspection at the clerk's office. Exhibits (1-16), (Attachments: #1 Additional Page(s) (17-27), #2 Additional Page(s) (28-32), #3 Additional Page(s) (33),(45-50), #4 Additional Page(s) (51-70)) (tle)
January 2, 2016 Opinion or Order Filing 79 Notice of Filing of Official Electronic Transcript of Non-Jury Trial Proceedings held on 5/26/15 before Judge John McBryde. Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. 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 termin 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. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (187 pages) Redaction Request due 1/25/2016. Redacted Transcript Deadline set for 2/2/2016. Release of Transcript Restriction set for 4/1/2016. (dgs)
October 14, 2015 Opinion or Order Filing 78 Received letter from United States Court of Appeals Fifth Circuit re: USCA No. 15-10602. Court Report request for extension of time until 12/31/15, for filing the transcript has been granted. (tle)
August 5, 2015 Opinion or Order Filing 76 Letter of USCA No.15-10602 as to #73 Notice of Appeal, filed by Jose Luis Hernandez. Court Reporter 30 day notice for transcript. (tle)
July 13, 2015 Opinion or Order Filing 75 Transcript Order Form: re #73 Notice of Appeal, transcript requested for Trial held on 5/26/15 Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. (Court Reporter: Debbie Saenz.) (tle)
July 1, 2015 Opinion or Order USCA Case Number 15-10602 in U S Court of Appeals 5th Circuit for #73 Notice of Appeal, filed by Jose Luis Hernandez. (tle)
June 24, 2015 Opinion or Order Confirmation of receipt of payment from The Ray Law Group in the amount of $505.00. Transaction posted on 6/23/2015 12:00:00 AM. Receipt number FW024483 processed by te. (ali) Lifted restriction on 6/24/2015 (ali).
June 23, 2015 Opinion or Order Filing 74 Costs Taxed in amount of $ 5726.35 against plaintiff (wrb)
June 23, 2015 Opinion or Order Filing 73 NOTICE OF APPEAL to the Fifth Circuit as to #66 Judgment by Jose Luis Hernandez. Filing fee $505, receipt number FW024483. 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)
June 8, 2015 Opinion or Order Filing 72 BILL OF COSTS by Results Staffing Inc.. (wrb)
June 8, 2015 Opinion or Order Filing 71 AFFIDAVIT re #72 by Results Staffing Inc.. (wrb) Modified on 6/9/2015 (wrb).
May 26, 2015 Opinion or Order Filing 77 Court's Exhibit List from Non-jury Trial held 5/26/15. (ult)
May 26, 2015 Opinion or Order Filing 70 Court's Copy of Joint List of Trial Exhibits from trial held 5/26/15. (wrb)
May 26, 2015 Opinion or Order Filing 69 Court's copy of Plaintiff's Proposed Witness List from trial held 5/26/15. (wrb)
May 26, 2015 Opinion or Order Filing 68 Court's copy of Defendant's Witness List from trial held 5/26/15. (wrb)
May 26, 2015 Opinion or Order Filing 67 Minute Entry for proceedings held before Judge John McBryde: NON JURY Trial Begun (Contested) on 5/26/2015. Courtney Hernandez, Jose Hernandez, Richard Hillebrand, Donald Thompson, Jessica Ursini all sworn and testified; joint exhibits 1-33, pltfs exh 44 and 45 and deft's exhs 49-52, 54, 55, 57-66, 69 and 70 admitted. Attorney Appearances: Plaintiff - Ryan Ray; Defense - Carrie Hoffman/Jessica Anderson. (Court Reporter: Debbie Saenz) (Exhibits admitted) Time in Court - 1:23. (wrb)
May 26, 2015 Opinion or Order Filing 66 FINAL JUDGMENT..Plaintiff have and recover nothing from deft and all relief sought by plaintiff is denied; deft have and recover from pltf all costs of court. (Ordered by Judge John McBryde on 5/26/2015) (wrb)
May 20, 2015 Opinion or Order Filing 65 Minute Entry for proceedings held before Judge John McBryde: Telephone Conference held on 5/20/2015. Re: Pretrial matters; court ruled on objections to exhibits and discussed trial procedures; conference concluded. Attorney Appearances: Plaintiff - Ryan Ray; Defense - Carrie HOffman, Jessica Anderson. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :48. (wrb)
May 19, 2015 Opinion or Order Filing 64 Supplemental Document (Amended Table of Contents and Amended Table of Authorities) by Jose Luis Hernandez as to #55 Trial Brief. (wrb)
May 19, 2015 Opinion or Order Filing 63 ORDER: Telephone conference/hearing set for 5/20/2015 11:00 AM before Judge John McBryde. Plaintiff responsible for organizing via third party provider. Once all present, provider contacts court last at 817-850-6654. (Ordered by Judge John McBryde on 5/19/2015) (wrb)
May 19, 2015 Opinion or Order Filing 62 Plaintiff's Proposed Verdict Questions filed by Jose Luis Hernandez. (wrb)
May 19, 2015 Opinion or Order Filing 56 Plaintiff's Proposed Findings of Fact and Conclusions of Law by Jose Luis Hernandez. (wrb)
May 18, 2015 Opinion or Order Filing 61 AMENDED JOINT PRETRIAL ORDER (Ordered by Judge John McBryde on 5/18/2015) (wrb)
May 18, 2015 Opinion or Order Filing 60 Defendant's NOTICE Regarding Deposition Testimony and Agreed Summary filed by Results Staffing Inc. (wrb)
May 18, 2015 Opinion or Order Filing 59 Defendant's Proposed Verdict Questions filed by Results Staffing Inc.. (wrb)
May 18, 2015 Opinion or Order Filing 58 Defendant's Proposed Findings of Fact and Conclusions of Law by Results Staffing Inc.. (wrb)
May 18, 2015 Opinion or Order Filing 57 Defendant's Witness List by Results Staffing Inc.. (wrb)
May 18, 2015 Opinion or Order Filing 55 Plaintiff's Pretrial BRIEF by Jose Luis Hernandez. (wrb)
May 18, 2015 Opinion or Order Filing 54 Plaintiff's Proposed Witness List by Jose Luis Hernandez. (wrb)
May 18, 2015 Opinion or Order Filing 53 Defendant's PRETRIAL BRIEF by Results Staffing Inc.. (wrb)
May 8, 2015 Opinion or Order Filing 52 Listing of Facts to be Proved by Plaintiff At Trial filed by Jose Luis Hernandez. (wrb)
May 8, 2015 Opinion or Order Filing 51 Facts Supporting Evidence filed by Results Staffing Inc.. (wrb)
April 30, 2015 Opinion or Order Filing 50 JOINT STATUS REPORT OF THE PARTIES filed by Jose Luis Hernandez, Results Staffing Inc.. (wrb)
April 24, 2015 Opinion or Order Filing 49 Joint List of Trial Exhibits by Jose Luis Hernandez, Results Staffing Inc.. (wrb)
April 10, 2015 Opinion or Order Filing 48 REVISED ORDER... Failure to comply with this order, in any respect, may lead to the imposition of sanctions, including dismissal, or entry of default, without further notice. (Ordered by Judge John McBryde on 4/10/2015) (wxc)
April 6, 2015 Opinion or Order Filing 47 ORDER re #39 Motion... The court ORDERS that such motion is overruled without prejudice as to defendant's right to re-urge such objections at trial. (Ordered by Judge John McBryde on 4/6/2015) (wxc)
April 6, 2015 Opinion or Order Filing 46 Minute Entry for proceedings held before Judge John McBryde: Pretrial Conference held on 4/6/2015... Issues pertaining to trial discussed. The court overruled defendant's motion to exclude plaintiffs video and audio evidence without prejudice to defendant's ability to make such objections at trial. Attorney Appearances: Plaintiff - Ryan Ray; Defense - Carrie Hoffman, Jessica Anderson. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :29. (wxc)
April 6, 2015 Opinion or Order Filing 45 Memorandum Opinion and Order... The court ORDERS that defendant's motion for summary judgment be, and is hereby, denied as to the portions of the motion previously held in abeyance. (Ordered by Judge John McBryde on 4/6/2015) (wxc)
April 6, 2015 Opinion or Order Filing 44 JOINT PRETRIAL ORDER (Ordered by Judge John McBryde on 4/6/2015) (wxc)
April 3, 2015 Opinion or Order Filing 43 RESPONSE filed by Jose Luis Hernandez re: #39 MOTION to Exclude Disclosure of Video and Audio Evidence re #38 Pretrial Disclosures (npk)
April 2, 2015 Opinion or Order Filing 42 Memorandum Opinion and Order: the court concludes that the motion should be granted in part, and held in abeyance for further consideration in remaining part, re #22 Motion for Summary Judgment filed by Results Staffing Inc. The court ORDERS that defendant's motion for summary judgment be, and is hereby, granted as to plaintiff's claim for failure to accommodate his disability, and be, and being held in abeyance for further consideration as to the remaining claims. (Ordered by Judge John McBryde on 4/2/2015) (mem)
April 1, 2015 Opinion or Order Filing 41 ORDER: The court ORDERS that by 2:00 p.m. on April 3, 2015, plaintiff file a response to the motion to exclude video and audio evidence to be used at trial. (Ordered by Judge John McBryde on 4/1/2015) (ewd)
March 31, 2015 Opinion or Order Filing 40 Amended JOINT STATUS REPORT filed by Jose Luis Hernandez, Results Staffing Inc. (mpw)
March 31, 2015 Opinion or Order Filing 39 MOTION to Exclude #38 Disclosure of Video and Audio Evidence and Response to #38 Disclosure of Video and Audio Evidence to be Used at Trial filed by Results Staffing Inc. (mpw)
March 30, 2015 Opinion or Order Filing 38 Disclosure of Video and Audio Evidence to be Used at Trial filed by Jose Luis Hernandez. (mem)
March 27, 2015 Opinion or Order Filing 37 JOINT STATUS REPORT filed by Jose Luis Hernandez, Results Staffing Inc.. (npk)
March 12, 2015 Opinion or Order Filing 36 ORDER The Court has received and reviewed the stipulated and agreed protective order #35 . The Court does not wish to become involved in matters of confidentiality between the parties and is not signing the order. The court sees no reason why parties cannot include pertinent confidentiality and non-disclosure provisions into a legally enforceable agreement between them without causing the court to devote it's time and attention to this matter. (Ordered by Judge John McBryde on 3/12/2015) (ult)
March 11, 2015 Opinion or Order Filing 35 MOTION for Stipulated and Agreed Protective Order filed by Jose Luis Hernandez, Results Staffing Inc. (ult) Modified filed date on 3/12/2015 (ult).
March 10, 2015 Opinion or Order Filing 34 REPLY filed by Results Staffing Inc. re: #22 MOTION for Summary Judgment (ult)
March 9, 2015 Opinion or Order Filing 33 ORDER denying #32 Motion to Continue. (Ordered by Judge John McBryde on 3/9/2015) (ult)
March 6, 2015 Opinion or Order Filing 32 MOTION to Continue filed by Jose Luis Hernandez. (mpw)
March 3, 2015 Opinion or Order Filing 31 Supplemental Appendix in Support filed by Jose Luis Hernandez re #28 Response to Motion for Summary Judgment. (mpw)
March 2, 2015 Opinion or Order Filing 30 Appendix in Support filed by Jose Luis Hernandez re #28 Response/Objection (Attachments: #1 Exhibit(s) A - E, #2 Exhibit(s) F - J, #3 Exhibit(s) K - O, #4 Exhibit(s) P - S, #5 Exhibit(s) T - V) (ult)
March 2, 2015 Opinion or Order Filing 29 Brief/Memorandum in Support filed by Jose Luis Hernandez re #28 Response/Objection (ult)
March 2, 2015 Opinion or Order Filing 28 RESPONSE filed by Jose Luis Hernandez re: #22 MOTION for Summary Judgment (ult)
February 25, 2015 Opinion or Order Filing 27 Order Unfiling #25 Response/Objection filed by Jose Luis Hernandez, #26 Appendix in Support filed by Jose Luis Hernandez due to the following deficiency: Additional copies are required. See LR 5.l(b). Each evidentiary item, including any exhibits, filed in connection with any pleading or other paper, shall be clearly marked by the exhibit number or letter, or other designation if any, assigned to the item. Evidentiary items shall not be put together in such a fashion as to make them unwieldy. An item or collection of items of more than fifty pages shall be spiral-bound on the side. Submission to the court of any collection of cases or other legal authorities will be handled in a manner comparable to the foregoing directives related to evidentiary items. See LR 7.1; Status Report Order signed April23, 2014. All filings must be signed by an individual attorney rather than a law firm. See Status Report Order signed April23, 2014. (Ordered by Judge John McBryde on 2/25/2015) (wxc)
February 24, 2015 Opinion or Order Filing 26 ***UNFILED PER ORDER #27 *** Appendix in Support filed by Jose Luis Hernandez re #25 Response/Objection (ult) Modified on 2/26/2015 (wxc).
February 24, 2015 Opinion or Order Filing 25 ***UNFILED PER ORDER #27 *** RESPONSE In Opposition filed by Jose Luis Hernandez re: #22 MOTION for Summary Judgment (ult) Modified on 2/26/2015 (wxc).
February 3, 2015 Opinion or Order Filing 24 Appendix in Support filed by Results Staffing Inc. re #22 MOTION for Summary Judgment (wrb)
February 3, 2015 Opinion or Order Filing 23 Brief in support filed by Results Staffing Inc. re #22 MOTION for Summary Judgment (wrb)
February 3, 2015 Opinion or Order Filing 22 MOTION for Summary Judgment filed by Results Staffing Inc. (wrb)
February 2, 2015 Opinion or Order Filing 21 Order Unfiling #20 Appendix in Support filed by Results Staffing Inc. due to the following deficiency: presently no brief or motion on file in relation to such appendix. re: #20 Appendix in Support (Ordered by Judge John McBryde on 2/2/2015) (wrb)
January 27, 2015 Opinion or Order Filing 20 [unfiled per order of Feb 2 2015] Appendix in Support filed by Results Staffing Inc. re #14 MOTION for Summary Judgment (wrb) Modified on 2/3/2015 (wrb).
January 26, 2015 Opinion or Order Filing 19 Order Unfiling #18 Appendix in Support filed by Results Staffing Inc. due to the following deficiency: needs tabs and highlights - see section e on pages 7-8 of standing order filed Mar 12 2014.. re: #18 Appendix in Support (Ordered by Judge John McBryde on 1/26/2015) (wrb)
January 26, 2015 Opinion or Order Filing 18 [unfiled per order of Jan 26 2015]Appendix in Support filed by Results Staffing Inc. re #14 MOTION for Summary Judgment (wrb) Modified on 1/26/2015 (wrb).
January 23, 2015 Opinion or Order Filing 17 Order Unfiling #16 Appendix in Support filed by Results Staffing Inc. due to the following deficiency: signature, fails to comply with courts requirements in status report order; see section e on pages 7-8; certificate of service needs to be dated and signed.. re: #16 Appendix in Support (Ordered by Judge John McBryde on 1/23/2015) (wrb)
January 21, 2015 Opinion or Order Filing 16 [unfiled per order of Jan 23 2015] Appendix in Support filed by Results Staffing Inc. re #14 MOTION for Summary Judgment (wrb) Modified on 1/26/2015 (wrb).
January 21, 2015 Opinion or Order Filing 15 [unfiled per order of Jan 26 2015] Brief in Support filed by Results Staffing Inc. re #14 MOTION for Summary Judgment (wrb) Modified on 2/2/2015 (wrb).
January 21, 2015 Opinion or Order Filing 14 [unfiled per order of 1/26/15] MOTION for Summary Judgment filed by Results Staffing Inc. (wrb) Modified on 2/2/2015 (wrb).
December 9, 2014 Opinion or Order Filing 13 Designation of Experts by Jose Luis Hernandez. (npk)
December 9, 2014 Opinion or Order Filing 12 Designation of Experts by Jose Luis Hernandez. (npk)
May 29, 2014 Opinion or Order Filing 11 ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS... Amended Pleadings due by 1/16/2015. Discovery due by 3/16/2015. Pretrial Conference set for 4/6/2015 11:00 AM in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge John McBryde. Joinder of Parties due by 9/26/2014. Docket Call set for 5/26/2015 09:00 AM in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge John McBryde. (Ordered by Judge John McBryde on 5/29/2014) (wrb)
May 23, 2014 Opinion or Order Filing 10 JOINT STATUS REPORT OF THE PARTIES filed by Jose Luis Hernandez, Results Staffing Inc.. (wrb)
April 23, 2014 Opinion or Order Filing 9 STATUS REPORT ORDER: Status Report due by 5/23/2014 4pm (Ordered by Judge John McBryde on 4/23/2014) (wrb)
April 23, 2014 Opinion or Order Filing 8 Defendant's First AMENDED Answer to Plaintiff's Original Petition by Results Staffing Inc.. Amendment to #7 Answer to Complaint,.. (wrb)
April 23, 2014 Opinion or Order Filing 7 Defendant's ANSWER to #1 Plaintiff's Original Petition filed by Results Staffing Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (wrb)
April 2, 2014 Opinion or Order Filing 6 SUMMONS Returned Executed as to Results Staffing Inc. ; served on 4/1/2014. (srs)
March 31, 2014 Opinion or Order Filing 5 ORDER: By 4pm Apr 3 2014, pltf file orig/copy of his complaint in paper form; in compliance with the standing order; failure may result in sanctions, including pltf's complaint being unfiled and stricken from the record. (Ordered by Judge John McBryde on 3/31/2014) (wrb)
March 12, 2014 Opinion or Order Filing 4 Summons Issued as to Results Staffing Inc.. (wrb)
March 12, 2014 Opinion or Order Filing 3 Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 3/12/2014) (wrb)
March 12, 2014 Opinion or Order Filing 2 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wrb)
March 11, 2014 Opinion or Order Filing 1 COMPLAINT against Jose Luis Hernandez filed by Jose Luis Hernandez. (Filer fee note- Fee is not due pursuant to: 38 USC Sec. 4323(h).) 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 should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Ray, Ryan)

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Plaintiff: Jose Luis Hernandez
Represented By: Ryan Eugene Ray
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Defendant: Results Staffing Inc.
Represented By: Joel Bailey
Represented By: Britton D McClung
Represented By: Carrie B Hoffman
Represented By: Jacob B Kring
Represented By: Jessica Elaine Anderson
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