Garcia-Maldonado v. WPX Energy Services Company, LLC
Plaintiff: Garardo Garcia-Maldonado
Defendant: WPX Energy Services Company, LLC, WPX Energy Permian, LLC, Patriot Dozer Service, LLC and Patriot Dozer Service, LLC doing business as Tindol Construction
Case Number: 2:2018cv00450
Filed: December 14, 2018
Court: US District Court for the Southern District of Texas
Presiding Judge: Jason B Libby
Referring Judge: Nelva Gonzales Ramos
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 12, 2020 Filing 81 FINAL JUDGMENT re #80 . The Court enters final judgment dismissing this action with prejudice.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, 2)
February 3, 2020 Opinion or Order Filing 80 ORDER granting #79 Motion for Approval.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2)
February 3, 2020 MINUTE ENTRY, filed. Show Cause Hearing set for 2/3/2020 at 09:30 AM before Magistrate Judge Jason B Libby is CANCELED; Unopposed MOTION for Approval of Settlement Agreement (d.e. 79) has been filed. (KendraPearson, 2)
January 31, 2020 Filing 79 Unopposed MOTION for Approval of Settlement AgreementMotions referred to Jason B Libby. by Garardo Garcia-Maldonado, filed. Motion Docket Date 2/21/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Liles, William)
January 30, 2020 Filing 78 NOTICE OF RESETTING (TIME CHANGE). Parties notified. Should the parties fail to timely file such documents with this Court, the parties are ORDERED to appear before this Court on this date to explain why they have failed to comply with this Order. Show Cause Hearing set for 2/3/2020 at 09:30 AM before Magistrate Judge Jason B Libby, filed. SPECIAL INSTRUCTIONS TO COUNSEL: Dial in to the Conference phone number of 361-693-6518 (this line will be open 5 minutes prior to the hearing); when prompted, enter your conference ID (26518); when prompted, enter your password (13579); you will now be connected to the conference call. There will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a land line. No cell phones or speaker phones are permitted. THESE CALL-IN INSTRUCTIONS WILL ONLY BE PROVIDED IN THIS ELECTRONIC NOTICE *** (KendraPearson, 2)
December 18, 2019 Opinion or Order Filing 77 ORDER denying without prejudice as moot #69 MOTION for Leave to File Third Amended Complaint ( Dismissal documents due by 1/31/2020, Show Cause Hearing set for 2/3/2020 at 09:00 AM before Magistrate Judge Jason B Libby), Deadlines terminated, Motion(s) terminated: #69 MOTION for Leave to File Third Amended Complaint (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)
December 18, 2019 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. TELEPHONIC STATUS CONFERENCE held on 12/18/2019. Parties announce the case has settled and need additional time to finalize this matter; discussion held. Court to issue order for parties to submit final documents within 45 days. Appearances: William Richard Liles. Emily Arnold, Keith B Sieczkowski.(Digital # 9:04:36-9:07:06)(ERO:kellie papaioannou), filed.(KendraPearson, 2)
December 12, 2019 Filing 76 NOTICE OF RESETTING (TIME CHANGE). Parties notified. Telephonic Status Conference set for 12/18/2019 at 09:00 AM before Magistrate Judge Jason B Libby, filed. *Instructions for calling into the conference line are included in the attached notice.* (KendraPearson, 2)
October 22, 2019 Opinion or Order Filing 75 ORDER granting #74 Motion to Stay.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
October 22, 2019 ***Set/Reset Deadlines/Hearings: Status Conference set for 12/18/2019 at 03:00 PM before Magistrate Judge Jason B Libby (fcarbia, 2)
October 21, 2019 Filing 74 Joint MOTION to Stay to Conduct Mediation Motions referred to Jason B Libby. by Garardo Garcia-Maldonado, filed. Motion Docket Date 11/12/2019. (Attachments: #1 Proposed Order)(Liles, William)
October 17, 2019 Filing 73 CONSENT to Join a Collective/Class Action for Omar Garza & Ismael Leal by Garardo Garcia-Maldonado, filed.(Josephson, Michael)
October 17, 2019 Opinion or Order Filing 72 ORDER OF REFERENCE; Referring case to Magistrate Judge Jason B Libby(Signed by Judge Nelva Gonzales Ramos) Parties notified.(srussell, 2)
October 15, 2019 Filing 71 RESPONSE to #69 MOTION for Leave to File Third Amended Complaint filed by Patriot Dozer Service, LLC. (Attachments: #1 Exhibit EXH 1 - Email re Opt in Period Deadline, #2 Exhibit EXH 2 - Gerardo Garcia-Maldonado Pay Stubs, #3 Proposed Order)(Sieczkowski, Keith)
October 7, 2019 Opinion or Order Filing 70 ORDER regarding #69 Motion for Leave to File. Any party opposing said Motion is ORDERED to file a response on or before October 15, 2019. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2)
October 7, 2019 ***Set/Reset Deadlines: Responses due by 10/15/2019. (fcarbia, 2)
October 4, 2019 Filing 69 MOTION for Leave to File Third Amended Complaint by Garardo Garcia-Maldonado, filed. Motion Docket Date 10/25/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Dunlap, Andrew)
September 9, 2019 Filing 68 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
September 5, 2019 Opinion or Order Filing 67 ORDER granting #59 Sealed Motion..(Signed by Judge Nelva Gonzales Ramos) Parties notified.(jmarks, 2)
September 5, 2019 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. MOTION HEARING held on 9/5/2019. Arguments heard re: #59 Unopposed SEALED MOTION to Approve Settlement Agreement. Deft Tindol's concerns are noted on the record. Court grants Motion to Approve Settlement. Order signed and to be entered. Appearances:Emily Arnold. William Richard Liles, Andrew Wells Dunlap, Keith B Sieczkowski, Mark D Temple.(Digital # 9:59-10:09)(ERO:G. Rogan), filed.(bcortez, 2)
August 27, 2019 Filing 66 NOTICE of Setting as to #59 Unopposed SEALED MOTION . Parties notified. Motion Hearing set for 9/5/2019 at 10:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
August 23, 2019 Filing 65 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
August 16, 2019 Filing 64 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
August 12, 2019 Filing 63 SEALED REPLY re: #60 Sealed Response, by Garardo Garcia-Maldonado, filed. (Liles, William)
August 12, 2019 Filing 62 Corrected SEALED EXHIBITS Ex. 1 to Sealed Motion re: #59 Unopposed SEALED MOTION by Garardo Garcia-Maldonado, filed. (Liles, William)
August 9, 2019 Filing 61 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
August 8, 2019 Filing 60 SEALED RESPONSE to Plaintiff's Unopposed Motion for Confidential Approval of Settlement Agreement re: #59 Unopposed SEALED MOTION by Patriot Dozer Service, LLC, filed. (Attachments: #1 Proposed Order) (Sieczkowski, Keith)
August 6, 2019 *** Show cause hearing set for 8/7/2019 has been canceled. Parties have filed Motion to Approve Settlement., filed. (bcortez, 2)
August 5, 2019 Filing 59 Unopposed SEALED MOTION by Garardo Garcia-Maldonado, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Liles, William)
August 2, 2019 Filing 58 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
July 25, 2019 Filing 57 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
July 22, 2019 Opinion or Order Filing 56 ORDER granting #55 Motion for Extension of Time Closing Papers due by 8/5/2019.Show Cause Hearing set for 8/7/2019 at 09:00 AM before Judge Nelva Gonzales Ramos.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2)
July 22, 2019 Filing 55 Joint MOTION for Extension of Time to File Dismissal Documents by Garardo Garcia-Maldonado, filed. Motion Docket Date 8/12/2019. (Attachments: #1 Proposed Order)(Liles, William)
July 19, 2019 Filing 54 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
July 16, 2019 Filing 53 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
July 10, 2019 Filing 52 NOTICE Filing Notice of Consent by Garardo Garcia-Maldonado, filed. (Josephson, Michael)
July 8, 2019 Filing 51 NOTICE of Change of Firm Name and Email Address by Patriot Dozer Service, LLC, filed. (Sieczkowski, Keith)
July 3, 2019 Filing 50 NOTICE of Unavailability by Patriot Dozer Service, LLC, filed. (Sieczkowski, Keith)
July 1, 2019 Filing 49 NOTICE of Setting. Parties notified. Telephonic Pre-Motion Conference set for 7/3/2019 at 10:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
June 13, 2019 Opinion or Order Filing 48 ORDER GRANTING PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION (Signed by Judge Nelva Gonzales Ramos) (Attachments: #1 Notice, #2 Consent) Parties notified.(bcortez, 2)
June 12, 2019 Filing 47 STIPULATION re: Notice to Potential Class Members by Garardo Garcia-Maldonado, filed. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Dunlap, Andrew)
June 10, 2019 Filing 46 Notice of Filing of Official Transcript as to #45 Transcript,. Party notified, filed. (idavis, 2)
June 9, 2019 Filing 45 TRANSCRIPT re: Motion Hearing held on June 4, 2019 before Judge Nelva Gonzales Ramos. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Andrew W. Dunlap Release of Transcript Restriction set for 9/9/2019., filed. (mahenry, )
June 6, 2019 Filing 44 AO 435 TRANSCRIPT REQUEST by Andrew W. Dunlap for Transcript of 06/04/2019. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Dunlap, Andrew) Transcript order emailed to JTT 6-6-19/jfa.
June 4, 2019 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. CLASS CERTIFICATION HEARING held on 6/4/2019. Arguments heard re: #37 Opposed MOTION to Certify Class. Court grants Plaintiff's Motion for Conditional Certification finding Plaintiff has met the lenient standard for notice to the class as modified and narrowed. Plaintiff has shown that a similarly situated group of potential Plaintiffs exist that were part of a single policy, plan or decision (pay practice). Parties agree the class will be welder helpers, welders, welder inspectors for the last 3 years who were paid straight time for overtime limited to Texas. Court allows text messages, phone numbers, reminder notices and phone calls for returned notices. Parties to confer and submit an agreed order and notice. Appearances:Emily Arnold. Andrew Wells Dunlap, Keith B Sieczkowski.(Digital # 9:00-9:40)(ERO:G. Rogan), filed.(bcortez, 2)
May 23, 2019 Opinion or Order Filing 43 ORDER Settling Parties Closing Papers due by 7/22/2019. Show Cause Hearing set for 7/24/2019 at 09:00 AM before Judge Nelva Gonzales Ramos(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2)
May 23, 2019 Filing 42 NOTICE of Partial Resolution by Garardo Garcia-Maldonado, filed. (Dunlap, Andrew)
May 10, 2019 Opinion or Order Filing 41 ORDER granting #40 Joint MOTION for Temporary Stay WPX's Response to Plaintiff's Motion for Conditional Certification ( Responses due by 5/24/2019., Replies due by 5/30/2019)(Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2)
May 3, 2019 Filing 40 Joint MOTION to Stay WPX's Response to Plaintiff's Motion for Conditional Certification by Garardo Garcia-Maldonado, filed. Motion Docket Date 5/24/2019. (Liles, William)
May 3, 2019 Filing 39 REPLY in Support of #37 Opposed MOTION to Certify Class, filed by Garardo Garcia-Maldonado. (Liles, William)
April 26, 2019 Filing 38 RESPONSE in Opposition to #37 Opposed MOTION to Certify Class, filed by Patriot Dozer Service, LLC. (Attachments: #1 Exhibit Exhibit 1 - Sworn Declaration of Jason Tindol, #2 Proposed Order)(Sieczkowski, Keith)
April 5, 2019 Filing 37 Opposed MOTION to Certify Class by Garardo Garcia-Maldonado, filed. Motion Docket Date 4/26/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Liles, William)
April 1, 2019 Opinion or Order Filing 36 ORDER Motion for Conditional Certification Filing due by 4/5/2019. Responses due by 4/26/2019. Replies due by 5/3/2019. Oral Arguments set for 6/4/2019 at 09:00 AM before Judge Nelva Gonzales Ramos(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2)
April 1, 2019 ***IPTC set for April 11, 2019 has been canceled by agreement of parties. Briefing schedule to be entered., filed. (bcortez, 2)
March 25, 2019 Filing 35 CERTIFICATE OF INTERESTED PARTIES by WPX Energy Permian, LLC, filed.(Temple, Mark)
March 25, 2019 Filing 34 ANSWER to #26 Amended Complaint/Counterclaim/Crossclaim etc. by WPX Energy Permian, LLC, filed.(Temple, Mark)
March 22, 2019 Filing 33 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Garardo Garcia-Maldonado, filed.(Liles, William)
March 18, 2019 Filing 32 CORPORATE DISCLOSURE STATEMENT by Patriot Dozer Service, LLC, filed.(Sieczkowski, Keith)
March 18, 2019 Filing 31 CERTIFICATE OF INTERESTED PARTIES by Patriot Dozer Service, LLC, filed.(Sieczkowski, Keith)
March 18, 2019 Filing 30 ANSWER to #26 Amended Complaint/Counterclaim/Crossclaim etc. by Patriot Dozer Service, LLC, filed.(Sieczkowski, Keith)
March 12, 2019 Filing 29 ANSWER to #26 Amended Complaint/Counterclaim/Crossclaim etc. by WPX Energy Services Company, LLC, filed.(Bennett, Paige)
March 4, 2019 Filing 28 NOTICE of Resetting. Parties notified. Initial Conference reset for 4/11/2019 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
March 4, 2019 Filing 27 NOTICE of Resetting. Parties notified. Initial Conference reset for 4/12/2019 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
February 25, 2019 Opinion or Order Filing 25 ORDER granting #16 Motion to Reset Joint Discovery/Case Management Plan due by 3/22/2019. Initial Conference set for 4/5/2019 at 09:00 AM before Judge Nelva Gonzales Ramos.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2)
February 22, 2019 Filing 24 PROPOSED ORDER Granting re: #16 Unopposed MOTION to Reset Initial Pretrial Conference, filed.(Bennett, Paige)
February 22, 2019 Filing 23 NOTICE of Appearance by Ralph F. Meyer on behalf of WPX Energy Services Company, LLC, filed. (Meyer, Ralph)
February 20, 2019 Filing 26 SECOND AMENDED COLLECTIVE ACTION COMPLAINT with Jury Trial Demand against All Defendants filed by Garardo Garcia-Maldonado. Related document: #13 Amended Complaint/Counterclaim/Crossclaim etc., filed by Garardo Garcia-Maldonado.(fcarbia, 2)
February 20, 2019 Filing 22 CERTIFICATE OF INTERESTED PARTIES by WPX Energy Services Company, LLC, filed.(Bennett, Paige)
February 20, 2019 Filing 21 ANSWER to #13 Amended Complaint/Counterclaim/Crossclaim etc., by WPX Energy Services Company, LLC, filed.(Bennett, Paige)
February 20, 2019 Opinion or Order Filing 20 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT - granting #19 Motion for Leave to File.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2)
February 19, 2019 Filing 19 Unopposed MOTION for Leave to File Second Amended Complaint by Garardo Garcia-Maldonado, filed. Motion Docket Date 3/12/2019. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Dunlap, Andrew)
February 19, 2019 Filing 18 RETURN of Service of SUMMONS Executed as to Patriot Dozer Service, LLC served on 2/15/2019, answer due 3/8/2019, filed.(Josephson, Michael)
February 19, 2019 Filing 17 RETURN of Service of SUMMONS Executed as to WPX Energy Permian, LLC served on 2/15/2019, answer due 3/8/2019, filed.(Josephson, Michael)
February 19, 2019 Filing 16 Unopposed MOTION to Reset Initial Pretrial Conference by WPX Energy Services Company, LLC, filed. Motion Docket Date 3/12/2019. (Temple, Mark)
February 12, 2019 Opinion or Order Filing 15 ORDER mooting #12 Motion to Dismiss.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2)
February 7, 2019 Summons Issued as to Patriot Dozer Service, LLC, WPX Energy Permian, LLC. Issued summons delivered to plaintiff by First-class mail, filed.(dterrell, 2)
February 6, 2019 Filing 14 Request for Issuance of Summons as to Patriot Dozer Service, LLC d/b/a Tindol Construction, WPX Energy Permian, LLC, filed. (Attachments: #1 Supplement Summons - WPX Energy Permian, LLC)(Josephson, Michael)
February 6, 2019 Filing 13 First AMENDED COMPLAINT with Jury Demand against WPX Energy Services Company, LLC, WPX Energy Permian, LLC, Patriot Dozer Service, LLC d/b/a Tindol Construction filed by Garardo Garcia-Maldonado. Related document: #1 Complaint filed by Garardo Garcia-Maldonado.(Dunlap, Andrew)
January 17, 2019 Filing 12 MOTION to Dismiss for Improper Venue by WPX Energy Services Company, LLC, filed. Motion Docket Date 2/7/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Temple, Mark)
January 4, 2019 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time Responses due by 1/17/2019..(Signed by Judge Nelva Gonzales Ramos) Parties notified.(jmarks, 2)
January 4, 2019 Filing 10 Unopposed MOTION for Extension of Time Answer Deadline by WPX Energy Services Company, LLC, filed. Motion Docket Date 1/25/2019. (Attachments: #1 Proposed Order)(Temple, Mark)
January 4, 2019 Filing 9 NOTICE of Appearance by Paige T. Bennett on behalf of WPX Energy Services Company, LLC, filed. (Temple, Mark)
January 4, 2019 Filing 8 NOTICE of Appearance by Mark D. Temple on behalf of WPX Energy Services Company, LLC, filed. (Temple, Mark)
December 27, 2018 Filing 7 CERTIFICATE OF INTERESTED PARTIES by Garardo Garcia-Maldonado, filed.(Josephson, Michael)
December 27, 2018 Filing 6 NOTICE of Appearance by Michael A. Josephson on behalf of Garardo Garcia-Maldonado, filed. (Josephson, Michael)
December 27, 2018 Filing 5 NOTICE of Appearance by William R. Liles on behalf of Garardo Garcia-Maldonado, filed. (Liles, William)
December 27, 2018 Filing 4 RETURN of Service of SUMMONS Executed as to WPX Energy Services Company, LLC served on 12/20/2018, answer due 1/10/2019, filed.(Dunlap, Andrew)
December 17, 2018 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/8/2019 at 09:00 AM before Judge Nelva Gonzales Ramos Parties notified.(dterrell, 2)
December 17, 2018 Summons Issued as to WPX Energy Services Company, LLC. Issued summons delivered to plaintiff by First-class mail, filed.(dterrell, 2)
December 14, 2018 Filing 2 Request for Issuance of Summons as to WPX Energy Services Company, LLC, filed.(Dunlap, Andrew)
December 14, 2018 Filing 1 COMPLAINT against WPX Energy Services Company, LLC (Filing fee $ 400 receipt number 0541-21474964) filed by Garardo Garcia-Maldonado. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Dunlap, Andrew)

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Defendant: WPX Energy Services Company, LLC
Represented By: Mark D Temple
Represented By: Paige T. Bennett
Represented By: Ralph F Meyer
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Defendant: WPX Energy Permian, LLC
Represented By: Mark D Temple
Represented By: Paige T. Bennett
Represented By: Ralph F Meyer
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Defendant: Patriot Dozer Service, LLC
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Defendant: Patriot Dozer Service, LLC doing business as Tindol Construction
Represented By: Keith B Sieczkowski
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Plaintiff: Garardo Garcia-Maldonado
Represented By: Andrew Wells Dunlap
Represented By: Richard J Burch
Represented By: William Richard Liles
Represented By: Michael A Josephson
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