Treadway v. Otero et al
Plaintiff: SOPHY TREADWAY
Defendant: MATTHEW OTERO, EXXIZZ FOODS INC dba Rockport Donuts, Exxizz Foods, Inc. and Exxizz Foods, Inc. doing business as Rockport Donuts
Counter Claimant: Sopheak Otero, Exxizz Foods, Inc and Exxizz Foods, Inc doing business as Rockport Donuts
Case Number: 2:2019cv00244
Filed: August 23, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: Jason B Libby
Referring Judge: Nelva Gonzales Ramos
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Tort Action
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2022 Filing 278 MOTION for Attorney Fees by Sophy Treadway, filed. Motion Docket Date 5/16/2022. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Yuen, Xenos)
April 25, 2022 Filing 277 DKT13 TRANSCRIPT ORDER REQUEST by Defendants / Susan Clouthier. This is to order a transcript of Fifth day of Jury Trial, 04/11/2022, Judge Nelva Gonzales Ramos. Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: Jury Trial,, filed.(Clouthier, Susan)
April 25, 2022 Filing 276 DKT13 TRANSCRIPT ORDER REQUEST by Defendants / Susan Clouthier. This is to order a transcript of Jury Selection and First day of Jury Trial, 04/05/2022, Judge Nelva Gonzales Ramos; Second day of Jury Trial, 04/06/2022, Judge Nelva Gonzales Ramos; Third day of Jury Trial, 04/07/2022, Judge Nelva Gonzales Ramos; Fourth day of Jury Trial, 04/08/2022, Judge Nelva Gonzales Ramos. Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: Jury Trial,,, Jury Trial,,,, Jury Trial,,, Jury Trial,,, filed.(Clouthier, Susan)
April 25, 2022 Filing 275 REPLY to Response to #247 MOTION to Enforce Order Imposing Sanctions, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
April 15, 2022 Filing 274 RESPONSE to #247 MOTION to Enforce Order Imposing Sanctions , filed by Sophy Treadway. (Attachments: #1 Proposed Order Proposed Order Denying D's Motion to Enforce Sanction)(Yuen, Xenos)
April 11, 2022 Filing 273 Trial EXHIBITS re: #264 Exhibit List by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. Attached documents may be viewed in the Office of the Clerk. (Attachments: #1 Continuation, #2 Continuation, #3 Continuation)(bcortez, 2)
April 11, 2022 Filing 272 Trial EXHIBITS re: #263 Exhibit List by Sophy Treadway. Attached documents may be viewed in the Office of the Clerk.(bcortez, 2)
April 11, 2022 Filing 271 JURY VERDICT (bcortez, 2) (Additional attachment(s) added on 4/11/2022: #1 Unredacted attachment) (bcortez, 2).
April 11, 2022 Filing 270 Jury Note No. 2(bcortez, 2) (Additional attachment(s) added on 4/11/2022: #1 Unredacted attachment) (bcortez, 2).
April 11, 2022 Filing 268 Notice of Filing of Official Transcript as to #260 Transcript. Party notified, filed. (NicoleTirado, 2)
April 11, 2022 Filing 267 Jury Note No. 1(bcortez, 2) (Additional attachment(s) added on 4/11/2022: #1 Unredacted attachment) (bcortez, 2).
April 11, 2022 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. FIFTH day of JURY TRIAL held on 4/11/2022. Jury continues deliberations. Jury note no. 1. Jury note no. 2. Jury reaches a verdict. Verdict published. Jury polled. Jury is excused. Motion for attorney's fees to be filed by 4/25/2022. Appearances: Andrea Marie Johnson, Brett William Arnold, Xenos Man-Wah Yuen, George Wells Long.(Digital # 8:40-8:42, 11:00-11:06)(ERO:J. Hutchinson), filed.(bcortez, 2)
April 8, 2022 Filing 269 COURT'S CHARGE TO THE JURY (Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2)
April 8, 2022 Filing 266 Certification of Trial Exhibits by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, Sophy Treadway(bcortez, 2)
April 8, 2022 Filing 265 JURY CHARGE SUBMISSION by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(bcortez, 2)
April 8, 2022 Filing 260 TRANSCRIPT re: pre-trial held on 3/23/22 before Judge Nelva Gonzales Ramos. Court Reporter/Transcriber Veritext. Ordering Party Andrea Johnson Release of Transcript Restriction set for 7/7/2022., filed. (VeritextLegalSolutions, )
April 8, 2022 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. FOURTH day of JURY TRIAL held on 4/8/2022. Ms. Johnson advises Ms. Donato cannot testify by Zoom and will be presented through her deposition. Parties to confer on the deposition excerpts. Objections to deposition excerpts argued and ruled on outside the presence of the jury. Witnesses: Sopheak Otero, Diane Davis, Emily Donato (by deposition). Defts exhibit 7 admitted. Pltfs exhibits 34, 37, 40, 13, 17 admitted. Defts rest. Final jury instructions conference outside the presence of the jury. Objections and rulings made on the record. Final jury instructions. Closing arguments. Attys certify exhibits being sent to jury. Jury begins deliberations. Jury recesses. Jury directed to return Monday, April 11, 2022 at 8:30 a.m. Mr. Yuen requests an extension to April 15, 2022 to file a response to motion for sanctions. Court grants extension. Appearances: Andrea Marie Johnson, Brett William Arnold, Xenos Man-Wah Yuen, George Wells Long.(Digital # 8:18-10:02, 10:18-12:17, 12:38-12:45, 12:57-1:13, 2:13-3:42, 3:52- 4:28, 5:03-5:06)(ERO:J. Hutchinson), filed.(bcortez, 2)
April 7, 2022 Filing 259 BRIEF In Support of Defendants' Motion to Enforce Order Imposing Sanctions re: #247 MOTION to Enforce Order Imposing Sanctions by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
April 7, 2022 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. THIRD day of JURY TRIAL held on 4/7/2022. Witnesses: Sophy Treadway, Rocky Treadway. Attorney Jim Story was present for Ms. Treadways testimony. Plaintiff rests. Defendants move for directed verdict. Arguments heard. Court denies Defendants motion for directed verdict. Witnesses: Sopheak Otero. Defts exhibits 62B, 58V, 64C, 58U, 59H, 64G, 63I, 60Q, 60B, 60H, 60K, 62Z, 61T, 63O, 2, 3, 4, 92 admitted. Jury directed to return Friday, April 8, 2022 at 8:30am. Attorneys to be present no later than 8:15am. Appearances: Andrea Marie Johnson, Brett William Arnold, Xenos Man-Wah Yuen, George Wells Long.(Digital # 8:19-9:56, 10:15-11:32, 12:56-2:31, 2:50-4:12, 4:21-5:07)(ERO:G. Rogan), filed.(bcortez, 2)
April 6, 2022 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. Second day of JURY TRIAL held on 4/6/2022. Ms. Johnson advises Ms. Donato is available to testify by Zoom on Friday, April 8, 2022. Witnesses: Matthew Otero, Sinuoeen Mao Barnes, Sophy Treadway. Plaintiffs exhibits 1, 2, 3, 6, 8 admitted. Defendants exhibits 76A, 76B, 76D, 76E, 76F, 63W, 59G, 59B, 63M, 61F, 61H, 65M, 61D, 61E, 59M, 59O, 62 Q, W, T, S, V, R, U, 60S, U, W, 58D, 62L, 62H, 58E, 59X, 59D, 62N, D, 59T, Q, V admitted. Jury directed to return Thursday, April 7, 2022 at 8:30am. Attorneys to be present no later than 8:20am. Appearances: Andrea Marie Johnson, Brett William Arnold, Xenos Man-Wah Yuen, George Wells Long.(Digital # 8:14-8:24, 8:31-9:53, 10:08-11:50, 1:10-2:55, 3:10-5:03)(ERO:G. Rogan), filed.(bcortez, 2)
April 5, 2022 Filing 264 Exhibit List by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero(bcortez, 2)
April 5, 2022 Filing 263 Exhibit List by Sophy Treadway(bcortez, 2)
April 5, 2022 Filing 262 Witness List by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero(bcortez, 2)
April 5, 2022 Filing 261 Witness List by Sophy Treadway(bcortez, 2)
April 5, 2022 Filing 257 Defendants' Peremptory Challenges(bcortez, 2)
April 5, 2022 Filing 256 Plaintiff's Peremptory Challenges(bcortez, 2)
April 5, 2022 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. JURY SELECTION and FIRST day of JURY TRIAL held on 4/5/2022. Voir dire. 10 jurors selected. Jurors sworn in. Preliminary jury instructions. Opening statements. Witnesses: Thomas Barnes, Matthew Otero. Defts exhibit 58M admitted after overruling objection. Jury directed to return on Wednesday, April 6, 2022 at 8:30 a.m. Attorneys to be present at 8:15 a.m. Appearances: Andrea Marie Johnson, Brett William Arnold, Xenos Man-Wah Yuen, George Wells Long.(Digital # 8:29-10:37, 10:50-11:12, 12:55-2:25, 2:40-4:45)(ERO:J. Hutchinson), filed.(bcortez, 2)
April 4, 2022 Filing 255 Amended Exhibit List by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero(Johnson, Andrea)
April 4, 2022 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. MISCELLANEOUS HEARING held on 4/4/2022. Defendant advises Ms. Karowski will be a fact witness only. Defendant's attorney to continue to attempt to get in touch with Ms. Donato to see if she can testify at trial. Plaintiff does not object to use of deposition if Ms. Donato cannot testify live but does object to certain excerpts. Arguments heard re: #250 MOTION Plaintiffs Motion and Brief in Support to Take Judicial Notices of Plaintiffs Amended Trial Exhibit 23 and Exhibit 24. Court finds Plaintiff's Exhibits 23 and 34 not relevant. Court denies #250 Motion. Defendant has fled a second amended exhibit list. Defendant advises exhibits 45-49 will not be used. Parties requested 45 minutes to an hour for voir dire. Parties request only the Court consider attorneys' fees. Plaintiff has scheduled an interpreter for April 6-7, 2022. Parties resumed settlement negotiations on April 1, 2022 with Judge Banales but were unable to reach a settlement. Jury selection and trial to begin on Tuesday, April 5, 2022 at 8:30 a.m. Appearances: Andrea Marie Johnson, Brett William Arnold, Xenos Man-Wah Yuen, George Wells Long.(Digital # 9:02-9:45)(ERO:J. Hutchison), filed.(bcortez, 2)
April 3, 2022 Filing 254 REPLY to Response to #250 MOTION Plaintiffs Motion and Brief in Support to Take Judicial Notices of Plaintiffs Amended Trial Exhibit 23 and Exhibit 24, filed by Sophy Treadway. (Yuen, Xenos)
April 1, 2022 Filing 253 OBJECTIONS to #244 Document, #249 Document DEFENDANTS DEPOSITION EXCERPTS OF EMILY DONATO, filed by Sophy Treadway. (Attachments: #1 Proposed Order Proposed Order to P's Objection to D's Depo Excerpts of Emily Donato)(Yuen, Xenos)
March 30, 2022 Filing 252 RESPONSE to Motion to Take Judicial Notice, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Proposed Order)(Johnson, Andrea)
March 28, 2022 Filing 251 AO 435 TRANSCRIPT REQUEST by Andrea M. Johnson for Transcript of Pretrial conference on 3/23/22 before Judge Ramos. 3-Day turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Johnson, Andrea) Electronically forwarded to Veritext on 3/28/2022 (grogan, 2).
March 25, 2022 Filing 250 MOTION Plaintiffs Motion and Brief in Support to Take Judicial Notices of Plaintiffs Amended Trial Exhibit 23 and Exhibit 24 by Sophy Treadway, filed. Motion Docket Date 4/15/2022. (Attachments: #1 Exhibit Attachment A_FLC Wage Search, #2 Exhibit Attachment B_9 FAM 402.2, #3 Exhibit Attachment C_9 FAM 402.3-9(C)(1)&(2), #4 Exhibit Attachment D_WWTVPRA, #5 Exhibit Attachment E_WWTVPRA Know Your Right, #6 Proposed Order Proposed Order)(Yuen, Xenos)
March 25, 2022 Filing 249 Deposition Transcript of Emily Donato by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
March 23, 2022 Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. FINAL PRETRIAL CONFERENCE held on 3/23/2022. Arguments heard on #245 Plaintiff's Motion in Limine. Rulings: Agreed Limines: 9, 10, 11, 12, 13, 15, 16, 19, 20, 21, 26, 28, 29, 31, 32, 33, 34, 35. Granted Limines: 2, 7, 8, 14, 22, 25, 27. Denied Limines: 1, 3, 4, 5, 6, 18, 24, 30. Withdrawn Limines: 17. Court does not rule on Limine 23 at this time. Arguments heard on [108-1] Defendants' Motion in Limine. Rulings: Agreed Limines: 1, 2, 3, 4, 5, 9, 18, 19, 21, 22, 25, 27, 28, 29, 31, 36. Granted Limines: 6, 7, 8, 10, 11, 12, 13, 15, 20, 23, 24, 26, 33, 34, 35, 37, 39. Denied Limines: 16, 17, 30, 38. Withdrawn Limines: 32, 40. Plaintiff to file a response to #247 Defendants' Motion to Enforce Order Imposing Sanctions by deadline. The only witness that may be by deposition testimony is Emily Donato. All other witnesses will be live. Defendant to file deposition of Emily Donato. Plaintiff to file objections to deposition excerpts of Emily Donato. Parties to file briefing on unavailability of witness. Discussion held regarding exhibits. Court makes preliminary rulings on the record. No exhibits are preadmitted at this time. Parties to file briefing on Plaintiff's Exhibits 23 and 24. Parties to file briefing on attorney's fees. Parties to further discuss interpreter to be used for testimony. Court will bring in 30 potential jurors. Court will seat 10 jurors. Parties are given 30-45 minutes each for voir dire. Parties are given 1 hour each for opening statements. Parties anticipate the trial to last 5-7 days. Court will address witness Cathy Karowski on 4/4/2022 at 09:00 AM before Judge Nelva Gonzales Ramos. Jury Selection and Trial will begin on 4/5/2022 at 08:30 AM before Judge Nelva Gonzales Ramos.Appearances: Andrea Marie Johnson, Xenos Man-Wah Yuen.(Digital # 9:22-9:34, 10:54-11:16, 1:40-3:49)(ERO:G. Rogan), filed.(bcortez, 2)
March 22, 2022 Filing 248 Amended Exhibit List by Sophy Treadway(Yuen, Xenos)
March 22, 2022 Filing 247 MOTION to Enforce Order Imposing Sanctions by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 4/12/2022. (Attachments: #1 Proposed Order)(Johnson, Andrea)
March 22, 2022 Filing 246 Amended OBJECTIONS TO DEFENDANTS PROPOSED EXHIBITS, filed by Sophy Treadway. (Yuen, Xenos)
March 22, 2022 Filing 245 Amended MOTION In Limine by Sophy Treadway, filed. Motion Docket Date 4/12/2022. (Yuen, Xenos)
March 22, 2022 Filing 244 Defendants' Proposed Deposition Excerpts by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
March 22, 2022 Filing 243 NOTICE of Appearance by Brett W. Arnold on behalf of Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. (Johnson, Andrea)
March 4, 2022 Filing 242 NOTICE of Resetting. Parties notified. Final Pretrial Conference set for 3/23/2022 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
February 28, 2022 Filing 241 NOTICE of Resetting. Parties notified. Jury Selection and Trial (ETT: 7-8 days) set for 4/4/2022 at 08:30 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
February 28, 2022 Filing 240 NOTICE of Resetting. Parties notified. In Person Final Pretrial Conference set for 3/24/2022 at 09:30 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
January 31, 2022 Filing 239 NOTICE of Resetting. Parties notified. Jury Selection and Trial (ETT: 7-8 days) set for 3/29/2022 at 01:00 PM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
January 31, 2022 Filing 238 NOTICE of Resetting. Parties notified. Final Pretrial Conference set for 3/10/2022 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
January 31, 2022 *** By agreement of parties, trial reset to March 29, 2022 at 1:00 p.m. Final Pretrial Conference reset to March 10, 2022 at 9:00 a.m., filed. (bcortez, 2)
January 27, 2022 *** Zoom instructions for 2/3/2022 hearing: All parties will appear by Zoom. Parties can connect to our courtroom at: https://www.zoomgov.com/j/1617458859; Meeting ID: 161 745 8859; Dial by your location: 1 669 254 5252, 1 646 828 7666, or 1 669 216 1590; Join by SIP: 1617458859@sip.zoomgov.com. All parties MUST MUTE their audio if they are not speaking. Parties must be logged into Zoom at least 15 minutes prior to hearing start time. Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. , filed. (bcortez, 2)
January 25, 2022 Opinion or Order Filing 237 ORDER denying #234 Motion to Withdraw as Attorney.(Signed by Magistrate Judge Jason B Libby) Parties notified.(amireles, 2)
January 24, 2022 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. MOTION HEARING by video conference held on 1/24/2022 re: #234 MOTION for Andrea M. Johnson, Demetri J. Economou, Emily E. Green to Withdraw as Attorney. Discussion held and arguments heard. Court denies motion to withdraw. Order to be entered. Appearances: Andrea Marie Johnson, Xenos Man-Wah Yuen. The Otero's.(Digital # 11:10-11:33)(ERO:jared marks), filed.(KendraPearson, 2)
January 18, 2022 Filing 236 NOTICE of Setting as to #234 MOTION for Andrea M. Johnson, Demetri J. Economou, Emily E. Green to Withdraw as Attorney. Parties notified. Motion Hearing by zoom video conference set for 1/24/2022 at 11:00 AM before Magistrate Judge Jason B Libby, filed. *Zoom link will be sent in a separate email prior to the hearing.* (KendraPearson, 2)
January 14, 2022 Filing 235 OBJECTIONS to #234 MOTION for Andrea M. Johnson, Demetri J. Economou, Emily E. Green to Withdraw as Attorney, filed by Matthew Otero, Sopheak Otero. (Attachments: #1 exhibits)(lrivera, 2)
January 6, 2022 Filing 234 MOTION for Andrea M. Johnson, Demetri J. Economou, Emily E. Green to Withdraw as Attorney by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 1/27/2022. (Attachments: #1 Proposed Order)(Johnson, Andrea)
January 6, 2022 Opinion or Order Filing 233 ORDER REGARDING PROCEDURE FOR MOTION TO WITHDRAW #232 Unopposed MOTION for Andrea M. Johnson, Demetri J. Economou, Emily Green to Withdraw as Attorney (Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2)
January 6, 2022 Filing 232 STRUCK PER DE #233 Unopposed MOTION for Andrea M. Johnson, Demetri J. Economou, Emily Green to Withdraw as Attorney by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 1/27/2022. (Attachments: #1 Proposed Order)(Johnson, Andrea) Modified on 1/6/2022 (legarza, 2).
November 9, 2021 Opinion or Order Filing 231 ORDER granting #230 Motion for George Wells Long to Appear Pro Hac Vice.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(sylopez, 2)
November 9, 2021 Filing 230 MOTION for GEORGE WELLS LONG to Appear Pro Hac Vice by Sophy Treadway, filed. Motion Docket Date 11/30/2021. (Yuen, Xenos)
October 18, 2021 Deposit made into the Registry of the Court by Siegel, Yuen, and Honore in the amount of $234.70, receipt number CC017531 re: #98 Order, filed. (ChristinaAvila, 2)
September 8, 2021 Confirmation of receipt of payment from Sophy Treadway in the amount of $ 1000.00 re: #98 Order. Receipt date: 9/8/2021. Receipt number CC017418. Purpose Description: Sanctions. (NicoleTirado, 2)
September 1, 2021 Filing 229 NOTICE of Resetting. Parties notified. Final Pretrial Conference set for 2/3/2022 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
September 1, 2021 Filing 228 NOTICE of Resetting. Parties notified. Trial (ETT: 7-8 days) set for 2/14/2022 at 08:30 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
August 31, 2021 Deposit made into the Registry of the Court by Siegel, Yuen, & Honore in the amount of $1000.00, receipt number CC017406 re: #98 Order, filed. (ChristinaAvila, 2)
August 20, 2021 Filing 227 Letter to Court withdrawing Motion for Judicial Notice by Sophy Treadway, filed.(Hamilton, Byron)
August 20, 2021 Filing 226 Ltr to Clerk re Motions Withdrawn by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
August 20, 2021 Opinion or Order Filing 225 ORDER regarding #224 Motion to Strike.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2)
August 20, 2021 ***Set/Reset Deadlines: Responses due by 8/26/2021. (fcarbia, 2)
August 19, 2021 Filing 224 Opposed MOTION to Strike #222 First MOTION Trial Judicial Notice by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 9/9/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Johnson, Andrea)
August 19, 2021 Filing 223 First PROPOSED ORDER To plaintiff's motion for judicial notice re: #222 First MOTION Trial Judicial Notice, filed.(Hamilton, Byron)
August 18, 2021 Filing 222 First MOTION Trial Judicial Notice by Sophy Treadway, filed. Motion Docket Date 9/8/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Hamilton, Byron)
August 16, 2021 FPTC set for 8/19/21 and Trial set for 8/30/21 is terminated. Trial to be reset. (bcortez, 2)
August 12, 2021 Filing 221 RETURN of Service Executed as to Emily Donato on August 10, 2021 re: Subpoena to Testify at Deposition, filed.(Johnson, Andrea)
August 12, 2021 Opinion or Order Filing 220 ORDER overruling #219 Objection and Affirming Order (D.E. 218).(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2)
August 11, 2021 Filing 219 OBJECTIONS to #218 Order,, , filed by Sophy Treadway. (Yuen, Xenos)
August 9, 2021 Opinion or Order Filing 218 ORDER #215 Opposed MOTION Motion to Authorize Videoconference Testimony of Critical Fact Witness. The following summarizes the rulings made on the record. The Motion is GRANTED as follows and is otherwise DENIED without prejudice. (D.E. [215)]. The deposition of Emily Donato shall be taken on or before August 15, 2021 via Zoom or other comparable electronic medium or in person. The deposition is limited to no more than four hours. (Signed by Magistrate Judge Jason B Libby) Parties notified.(legarza, 2)
August 9, 2021 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. MOTION HEARING held on 8/9/2021 re: (215) Opposed MOTION to Authorize Videoconference Testimony of Critical Fact Witness by video conference. Discussion held and arguments heard. Ruling made on the record. Order to be entered. Appearances: Andrea Marie Johnson, Byron A Hamilton, Jr.(Digital # 2:06-2:35)(ERO:leticia garza), filed.(KendraPearson, 2)
August 6, 2021 Filing 217 RESPONSE to #215 Opposed MOTION Motion to Authorize Videoconference Testimony of Critical Fact Witness filed by Sophy Treadway. (Attachments: #1 Exhibit Exhibit A Ds' Amended Disclosures, #2 Exhibit Exhibit B Emails, #3 Proposed Order Proposed Order)(Yuen, Xenos)
August 4, 2021 Opinion or Order Filing 216 ORDER ; Motion-related deadline set re: #215 Opposed MOTION Motion to Authorize Videoconference Testimony of Critical Fact Witness. Motion Hearing set for 8/9/2021 at 02:00 PM before Magistrate Judge Jason B Libby. Responses due by 8/6/2021.(Signed by Magistrate Judge Jason B Libby) Parties notified.(legarza, 2)
August 2, 2021 Filing 215 Opposed MOTION Motion to Authorize Videoconference Testimony of Critical Fact Witness by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 8/23/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Johnson, Andrea)
June 3, 2021 Filing 214 Mail Returned Undeliverable as to Matthew Otero re: #213 Notice of Resetting,, filed. (dnoriega, 1)
June 1, 2021 Filing 213 NOTICE of Resetting. Parties notified. Jury Selection set for 8/30/2021 at 08:30 AM before Judge Nelva Gonzales Ramos Jury Trial (ETT: 7-8 days) set for 8/30/2021 at 08:30 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
June 1, 2021 Filing 212 NOTICE of Resetting. Parties notified. Final Pretrial Conference set for 8/19/2021 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
May 25, 2021 Opinion or Order Filing 211 ORDER ON MOTION FOR RECONSIDERATION denying #210 Motion for Extension of Time.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2)
May 18, 2021 Filing 210 MOTION for Extension of Time deposit sanctions in court registry . by Sophy Treadway, filed. Motion Docket Date 6/8/2021. (Attachments: #1 Proposed Order)(Hamilton, Byron) Modified on 5/24/2021 (bcortez, 2).
May 7, 2021 Filing 209 Amended Exhibit List by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero(Johnson, Andrea)
May 7, 2021 Filing 208 Exxizz - Defendants' Proposed Deposition Excerpts of Thomas Barnes.050721 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 7, 2021 Filing 207 Exxizz - Defendants' Proposed Deposition Excerpts of Sinoeun Mao.050721 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 7, 2021 Filing 206 Exxizz - Defendants' Objections to Deposition Excerpts of Thomas Barnes.050721 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 7, 2021 Filing 205 Exxizz - Defendants' Objections to Deposition Excerpts of Sinoeun Mao.050721 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 7, 2021 Filing 204 Exxizz - Defendants' Objections to Deposition Excerpts of Matthew Otero.050721 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 7, 2021 Filing 203 Exxizz - Defendants' Objections to Deposition Excerpts of Sopheak Otero.050721 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 4, 2021 Filing 202 RETURN of Service Executed as to Rocky Treadway on April 30, 2021 re: Subpoena to Appear at Trial, filed.(Johnson, Andrea)
May 4, 2021 Opinion or Order Filing 201 ORDER re: #184 Motion Ordering Setting Deadlines for the Payment of Sanctions Awarded by the Court.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(RochelleLimon, 2)
May 4, 2021 Filing 200 Trial EXHIBITS by Sophy Treadway. Attached documents may be viewed in the Office of the Clerk.(Hamilton, Byron)
May 4, 2021 Filing 199 Trial EXHIBITS by Sophy Treadway. Attached documents may be viewed in the Office of the Clerk.(Hamilton, Byron)
May 4, 2021 Filing 198 Trial EXHIBITS by Sophy Treadway (Hamilton, Byron)
May 4, 2021 Filing 197 Trial EXHIBITS by Sophy Treadway. Attached documents may be viewed in the Office of the Clerk.(Hamilton, Byron)
May 4, 2021 Filing 196 Trial EXHIBITS by Sophy Treadway (Hamilton, Byron)
May 3, 2021 Filing 195 RESPONSE to #184 Opposed MOTION Order Setting Deadlines for the Payment of Sanctions filed by Sophy Treadway. (Attachments: #1 Proposed Order)(Hamilton, Byron)
April 30, 2021 Filing 194 NOTICE of Resetting. Parties notified. Jury Selection set for 6/21/2021 at 08:30 AM before Judge Nelva Gonzales Ramos Jury Trial (ETT: 7-8 days) set for 6/21/2021 at 08:30 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
April 30, 2021 Filing 193 NOTICE of Resetting. Parties notified. Final Pretrial Conference set for 6/2/2021 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (bcortez, 2)
April 29, 2021 Filing 192 Deposition of Sophy Treadway-120319 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
April 29, 2021 Filing 191 Deposition of Sophy Treadway-092619 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
April 29, 2021 Deposit made into the Registry of the Court by SIEGEL YUEN & HONORE in the amount of $1,000.00, receipt number CC017068 re: #98 Order, filed. (vrios, 2)
April 28, 2021 Filing 190 RETURN of Service Executed as to Carl Karowski on 04/26/2021 re: Subpoena to Appear at Trial, filed.(Johnson, Andrea)
April 28, 2021 Filing 189 RETURN of Service Executed as to Kathy Karowski on 04/26/2021 re: Subpoena to Appear at Trial, filed.(Johnson, Andrea)
April 28, 2021 Filing 188 RETURN of Service Executed as to Diane Davis on 04/26/2021 re: Subpoena to Appear at Trial, filed.(Johnson, Andrea)
April 27, 2021 Opinion or Order Filing 187 ORDER re: #184 Motion for an Order Setting Deadlines for the Payment of Sanctions Awarded by the Court. Any Party opposing said Motion is to file a Responses due by 5/3/2021.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(RochelleLimon, 2)
April 27, 2021 Filing 186 Proposed Pretrial Order by Sophy Treadway(Hamilton, Byron)
April 27, 2021 Filing 185 Trial EXHIBITS by Sophy Treadway (Hamilton, Byron)
April 27, 2021 Filing 184 Opposed MOTION Order Setting Deadlines for the Payment of SanctionsMotions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 5/18/2021. (Attachments: #1 Proposed Order)(Johnson, Andrea)
April 26, 2021 Filing 183 OBJECTIONS to Defendants Exhibits, filed by Sophy Treadway. (Hamilton, Byron)
April 26, 2021 Filing 182 OBJECTIONS to #180 Proposed Pretrial Order Plaintiff's Exhibit List, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
April 23, 2021 Filing 181 Defendants' Proposed Deposition Excerpts.042321 by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
April 16, 2021 Filing 180 Joint Proposed Pretrial Order by Sophy Treadway (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Hamilton, Byron)
April 7, 2021 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. STATUS CONFERENCE held on 4/7/2021 by zoom video conference. Discussion held regarding status of the case etc. Appearances: Andrea Marie Johnson, Xenos Man-Wah Yuen, Byron A Hamilton, Jr.(Digital # 9:05:30-9:16:18)(ERO:annette martinez), filed.(KendraPearson, 2)
March 30, 2021 Deposit made into the Registry of the Court by Siegel, Yuen & Honore, PLLC in the amount of $1,000.00, receipt number 016967 re: #98 Order, filed. (vrios, 2)
March 5, 2021 Opinion or Order Filing 179 SANCTIONS ORDER; Overruling #173 Objections to the imposition of sanctions. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(srussell, 2)
March 4, 2021 Deposit made into the Registry of the Court by Siegel, Yuen, Honore in the amount of $1000, receipt number CC016874 re: #98 Order, filed. (ChristinaAvila, 2)
February 5, 2021 Deposit made into the Registry of the Court by Seigel, Yuen, & Honore, PLLC in the amount of $1,000.00, receipt number CC016803 re: #98 Order, filed. (vrios, 2)
January 19, 2021 Filing 178 First MEMORANDUM to attorney's fee affidavit by Sophy Treadway, filed.(Barrett, Kenneth)
January 19, 2021 Filing 177 First MEMORANDUM Reply to Response ojections to D.C. Sanctions by Sophy Treadway, filed.(Barrett, Kenneth)
January 11, 2021 Filing 176 RESPONSE to #174 Objections to Attorneys' Fees Affidavit, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
January 11, 2021 Filing 175 RESPONSE to #173 Objections in Opposition to Sanctions, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
January 4, 2021 Filing 174 First OBJECTIONS to #172 Statement , filed by Sophy Treadway. (Barrett, Kenneth)
January 4, 2021 Filing 173 First OBJECTIONS to #170 Order Regarding Sanctions, filed by Sophy Treadway. (Barrett, Kenneth)
December 29, 2020 Deposit made into the Registry of the Court by Xenos Yuen, attorney for Sophy Treadway in the amount of $ 1,000 re: #98 Order. Receipt date: 12/28/2020. Receipt number CC016683. (ChristinaAvila, 2)
December 21, 2020 Filing 172 STATEMENT of Attorneys' Fees by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
December 11, 2020 Filing 171 Defendants' Request to the Clerk to Remit Funds by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Andrea)
December 10, 2020 Opinion or Order Filing 170 ORDER AFFIRMING STRIKING OF EXPERT. The Magistrate Judges Order (D.E. 168) is AFFIRMED. Defendant's affidavit is due by 12/21/2020. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2)
December 8, 2020 Filing 169 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Sophy Treadway re: #168 Order on Motion to Supplement, filed.(Hamilton, Byron)
November 30, 2020 Deposit made into the Registry of the Court by Xenos Yuen, attorney for Sophy Treadway in the amount of $1,000, receipt number CC016608 re: #98 Order, filed. (ChristinaAvila, 2)
November 24, 2020 Opinion or Order Filing 168 ORDER denying #163 Motion to Supplement.(Signed by Magistrate Judge Jason B Libby) Parties notified.(amartinez, 2)
November 18, 2020 Filing 167 REPLY in Support of #163 Opposed MOTION to Supplement Expert Witness Designation, filed by Sophy Treadway. (Hamilton, Byron)
November 11, 2020 Filing 166 RESPONSE in Opposition to #163 Opposed MOTION to Supplement Expert Witness Designation, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Johnson, Andrea)
November 9, 2020 Filing 165 NOTICE of Appearance by Kenneth R Barrett on behalf of Sophy Treadway, filed. (Barrett, Kenneth)
November 2, 2020 Deposit made into the Registry of the Court by Xenos Yuen, attorney for Sophy Treadway in the amount of $1,000.00, receipt number CC016540 re: #98 Order, filed. (ChristinaAvila, 2)
October 27, 2020 ***Set/Reset Deadlines/Hearings: Status Conference set for 4/7/2021 at 09:00 AM before Magistrate Judge Jason B Libby (fcarbia, 2)
October 27, 2020 Opinion or Order Filing 164 SECOND AMENDED SCHEDULING ORDER Jury Trial set for 5/17/2021 at 08:30 AM before Judge Nelva Gonzales Ramos Joinder of Parties due by 4/16/2021 Status Conference set for 4/7/2021 at 09:00 AM before Magistrate Judge Jason B. Libby; Objections due by 4/26/2021 Final Pretrial Conference set for 5/4/2021 at 09:00 AM before Judge Nelva Gonzales Ramos(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2) .
October 27, 2020 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. SCHEDULING / STATUS CONFERENCE by zoom video conference held on 10/27/2020. Discussion held regarding status of the case and resetting the trial setting. Amended scheduling order to be entered setting Final Pretrial Conference 5/4/21 and Jury Trial 5/17/21. Matters regarding pending motions discussed. Appearances: Andrea Marie Johnson, Xenos Man-Wah Yuen, Byron A Hamilton, Jr.(Digital # 9:04:55-9:24:42)(ERO:rochelle limon), filed.(KendraPearson, 2)
October 21, 2020 Filing 163 Opposed MOTION to Supplement Expert Witness DesignationMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 11/12/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Hamilton, Byron)
October 19, 2020 Filing 162 NOTICE of Resetting. Parties notified. Status/Scheduling Conference by zoom video conference set for 10/27/2020 at 09:00 AM before Magistrate Judge Jason B Libby, filed. *Instructions for appearing will be sent in a separate email.*( (KendraPearson, 2)
October 19, 2020 Filing 161 NOTICE OF SETTING. Parties notified. Status/Scheduling Conference by zoom video conference set for 10/26/2020 at 10:30 AM before Magistrate Judge Jason B Libby, filed. *Instructions for appearing will be sent in a separate email.*(KendraPearson, 2)
October 16, 2020 Opinion or Order Filing 160 ORDER granting in part #159 Motion for Extension of Time.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
October 16, 2020 Filing 159 Joint MOTION for Extension of Time to File Joint Pretrial OrderMotions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 11/6/2020. (Attachments: #1 Proposed Order)(Johnson, Andrea)
October 16, 2020 Jury Trial set November 16, 2020 is terminated. (fcarbia, 2)
October 8, 2020 Opinion or Order Filing 158 ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS DENYING #129 Opposed MOTION to Strike, #121 MOTION for Summary Judgment , #118 MOTION for Summary Judgment . re: #147 Memorandum and Recommendations.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(JessieHutchinson, 2)
October 6, 2020 Opinion or Order Filing 157 ORDER AFFIRMING MAGISTRATE JUDGE ORDERS. Pursuant to 28 U.S.C. 636(b)(1)(A), the Court referred this case to Magistrate Judge Jason B. Libby to hear and determine any pretrial matter pending before the court. Dissatisfied with the Magistrate Judges discovery ruling (D.E. 52) and sanctions order (D.E. 136), Plaintiff1 has invoked this Courts power of review. With respect to the discovery ruling, the Court considers Plaintiffs objection (D.E. 59), Defendants response (D.E. 65), Plaintiffs reply (D.E. 66), and Defendants sur-reply (D.E. 69). With respect to the sanctions order,2 the Court considers Plaintiffs objection (D.E. 143), Defendants response (D.E. 145), and Plaintiffs reply (D.E. 149). For the reasons set out above, the Court AFFIRMS the Order Denying Motion to Compel (D.E. 52) and AFFIRMS the Order Imposing Discovery Sanctions in the amount of $14,234.70 (D.E. 136).(Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2)
October 2, 2020 Filing 156 RESPONSE to #147 Memorandum and Recommendations, Response to Plaintiff's Objections to M&R, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
October 2, 2020 Filing 155 REPLY to #154 Objections to Memorandum and Recommendations , filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
September 28, 2020 Deposit made into the Registry of the Court by SIEGEL YUEN in the amount of $1000.00, receipt number CC016420, filed. (dterrell, 2)
September 18, 2020 Filing 154 OBJECTIONS to #147 Memorandum and Recommendations, filed by Sophy Treadway. (Hamilton, Byron)
September 18, 2020 Filing 153 OBJECTIONS to #147 Memorandum and Recommendations, filed by Sophy Treadway. (Yuen, Xenos)
September 18, 2020 Filing 152 Mail Returned Undeliverable as to Matthew Otero re: #151 Scheduling Order ADI - FORM - NGR,,, filed. (RTS; Insufficient Address)(sguevara, 4)
September 10, 2020 Opinion or Order Filing 151 AMENDED SCHEDULING ORDER Jury Selection/Trial set for 11/16/2020 at 08:30 AM before Judge Nelva Gonzales Ramos; Joint Pretrial Order, Witness Lists, Exhibit Lists, Motions in Limine, and Designation of Depositions Excerpts for witnesses being called by deposition shall be filed no later than 10/16/2020. Disputes regarding matters accompanying Joint Pretrial Order (Parties are ordered to file with the Court a notice identifying any remaining objections to those documents no later than 10/23/2020). Final Pretrial Conference set for 11/5/2020 at 09:00 AM before Judge Nelva Gonzales Ramos.(Signed by Magistrate Judge Jason B Libby) Parties notified.(amartinez, 2)
September 10, 2020 Opinion or Order Filing 150 ORDER granting #148 Motion for Continuance. An amended scheduling order will be entered separately.(Signed by Magistrate Judge Jason B Libby) Parties notified.(JessieHutchinson, 2)
September 10, 2020 ***Set/Reset Deadlines/Hearings: Jury Selection set for 11/16/2020 at 08:30 AM before Judge Nelva Gonzales Ramos (amartinez, 2)
September 9, 2020 Filing 149 REPLY to #143 Appeal of Magistrate Judge Decision to District Court , filed by Sophy Treadway. (Hamilton, Byron)
September 9, 2020 Filing 148 Joint MOTION for Continuance of trial setting and related deadlinesMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 9/30/2020. (Attachments: #1 Proposed Order)(Hamilton, Byron)
September 8, 2020 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. STATUS CONFERENCE by zoom video conference held on 9/8/2020. Update given regarding status of the case; discussion held. Appearances:Emily Green. Andrea Marie Johnson, Xenos Man-Wah Yuen, Byron A Hamilton, Jr.(Digital # 11:35:11-11:48:17)(ERO:brittany painschab), filed.(KendraPearson, 2)
September 4, 2020 Filing 147 MEMORANDUM AND RECOMMENDATIONS re #129 Opposed MOTION to Strike #121 MOTION for Summary Judgment , #121 MOTION for Summary Judgment , #118 MOTION for Summary Judgment Objections to M&R due by 9/18/2020(Signed by Magistrate Judge Jason B Libby) Parties notified.(RochelleLimon, 2)
September 3, 2020 Filing 146 NOTICE of Resetting (TIME CHANGE). Parties notified. Status Conference by zoom video conference set for 9/8/2020 at 11:30 AM before Magistrate Judge Jason B Libby, filed. *Instructions will be sent in a separate email.* (KendraPearson, 2)
September 2, 2020 Filing 145 RESPONSE to #143 Appeal of Magistrate Judge Decision to District Court , filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
August 28, 2020 Deposit made into the Registry of the Court by Xenos Yuen, attorney for Sophy Treadway in the amount of $1000.00, receipt number CC016342 re: #98 Order, filed. (dterrell, 2)
August 24, 2020 Filing 144 REPLY to Response to #129 Opposed MOTION to Strike #121 MOTION for Summary Judgment , #121 MOTION for Summary Judgment , filed by Sophy Treadway. (Yuen, Xenos)
August 19, 2020 Filing 143 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Sophy Treadway re: #136 Order,, filed.(Hamilton, Byron)
August 17, 2020 Filing 142 RESPONSE in Opposition to #129 Opposed MOTION to Strike #121 MOTION for Summary Judgment , filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A)(Johnson, Andrea)
August 12, 2020 Filing 141 REPLY to Response to #118 MOTION for Summary Judgment , filed by Sophy Treadway. (Attachments: #1 Exhibit Dep Soph Tr 09-2019, #2 Exhibit Dep Soph Tr 12-2019, #3 Exhibit Dep Sin Mao, #4 Exhibit Dep Tom Barnes, #5 Exhibit Dep Rocky Tr)(Hamilton, Byron)
August 11, 2020 Filing 140 REPLY to Response to #121 MOTION for Summary Judgment , filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
August 5, 2020 Filing 139 PROPOSED ORDER Denying Plaintiff's MSJ re: #137 Response in Opposition to Motion,,, filed.(Johnson, Andrea)
August 5, 2020 Filing 138 SEALED EXHIBITS Exhibit 4 - Treadway Immigration File re: #137 Response in Opposition to Motion,, by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. (Johnson, Andrea)
August 5, 2020 Filing 137 RESPONSE in Opposition to #118 MOTION for Summary Judgment , filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit Declaration of S. Otero, #2 Exhibit Declaration of M. Otero, #3 Exhibit Photos of Defs., #4 Exhibit Under seal, #5 Exhibit Social Media of Pla. Mrs. Treadway, #6 Exhibit Social Media of Ms. Mao, #7 Exhibit Text Message of R. Treadway, #8 Exhibit Dep. of S. Treadway, #9 Exhibit Dep. of R. Treadway, #10 Exhibit R. Treadway Photos, #11 Exhibit Social Media R. Treadway, #12 Exhibit Excerpt of Def. facts in MSJ)(Johnson, Andrea)
August 5, 2020 Opinion or Order Filing 136 ORDER: The undersigned has considered all the parties filings andFINDS the defense costs and attorneys fees in the amount of $14,234.70 are reasonableand necessary. (Signed by Magistrate Judge Jason B Libby) Parties notified - Incl. Finance(vrios, 2)
August 5, 2020 Notified Finance Houston Parties notified.(vrios, 2)
August 4, 2020 Filing 135 REPLY to #124 Order,, Reply to Objections of Plaintiff, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
August 4, 2020 Filing 134 RESPONSE to #121 MOTION for Summary Judgment filed by Sophy Treadway. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Yuen, Xenos)
July 30, 2020 Opinion or Order Filing 133 ORDER granting #132 Motion for Extension of Time. Motion for Summary Judgment due 8/5/2020. (Signed by Magistrate Judge Jason B Libby) Parties notified.(RochelleLimon, 2).
July 30, 2020 ***Answer due for All Plaintiffs, per DE# 133 dated 7/30/2020. (RochelleLimon, 2)
July 29, 2020 Filing 132 Unopposed MOTION for Extension of Time file response to MSJMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 8/19/2020. (Attachments: #1 Proposed Order)(Hamilton, Byron)
July 29, 2020 Filing 131 Mail Returned Undeliverable as to Matthew Otero re: #128 Order on Motion for Summary Judgment,, Order on Motion for Extension of Time,, filed. (agould, 3)
July 28, 2020 Filing 130 OBJECTIONS to attorneys fees, filed by Sophy Treadway. (Attachments: #1 Exhibit affidavit)(Hamilton, Byron)
July 27, 2020 Filing 129 Opposed MOTION to Strike #121 MOTION for Summary Judgment Motions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 8/17/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Hamilton, Byron)
July 27, 2020 Deposit made into the Registry of the Court by Siegel Yuen Honore PLLC in the amount of $1000, receipt number CC016253 re: #98 Order, filed. (ChristinaAvila, 2)
July 24, 2020 Opinion or Order Filing 128 ORDER regarding #118 Motion for Summary Judgment; granting #127 Motion for Extension of Time; Motion-related deadline set re: #118 MOTION for Summary Judgment .( Responses due by 8/5/2020.).(Signed by Magistrate Judge Jason B Libby) Parties notified.(RochelleLimon, 2)
July 23, 2020 Filing 127 Unopposed MOTION for Extension of Time to File Response to Motion for Summary JudgmentMotions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 8/13/2020. (Attachments: #1 Exhibit A, #2 Proposed Order)(Johnson, Andrea)
July 21, 2020 Filing 126 RESPONSE to #125 Order, #124 Order,, Statement of Fees and Costs, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Affidavit Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Johnson, Andrea)
July 14, 2020 Opinion or Order Filing 125 ORDER Related document(s) #61 , #124 . On or before July 21, 2020, defense counsel shall submit her attorney's fees in the form of admissible evidence. Plaintiff's counsel shall file any objection to that evidence or controverting evidence on or before July 28, 2020. (Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
July 13, 2020 Opinion or Order Filing 124 ORDER ON APPEAL OF SANCTIONS re: #64 Objections. The Court SUSTAINS Plaintiffs objection complaining of Defendants failure to submit its attorneys fees in the form of admissible evidence. Therefore, the Court REMANDS the order imposing discovery sanctions to the Magistrate Judge with instructions to require Defendants to submit their evidence in admissible form and to give Plaintiff an opportunity to object to that evidence or file controverting evidence. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2)
July 10, 2020 Filing 123 PROPOSED ORDER re: #121 MOTION for Summary Judgment , filed.(Johnson, Andrea)
July 10, 2020 Filing 122 SEALED EXHIBITS re: #121 MOTION for Summary Judgment by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. (Johnson, Andrea)
July 10, 2020 Filing 121 MOTION for Summary Judgment Motions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 7/31/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Johnson, Andrea)
July 10, 2020 Filing 120 PROPOSED ORDER Granting re: #118 MOTION for Summary Judgment , filed.(Yuen, Xenos)
July 10, 2020 Filing 119 MEMORANDUM in Support re: #118 MOTION for Summary Judgment by Sophy Treadway, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Yuen, Xenos)
July 10, 2020 Filing 118 MOTION for Summary Judgment Motions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 7/31/2020. (Yuen, Xenos)
July 7, 2020 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. STATUS CONFERENCE held by video conference on 7/7/2020. Discussion held regarding status of the case etc. Appearances: Andrea Marie Johnson, Byron A Hamilton, Jr.(Digital # 11:18:50-11:29:23)(ERO:linda rivera), filed.(KendraPearson, 2)
July 7, 2020 ***Set Deadlines/Hearings: Status Conference set for 9/8/2020 at 11:00 AM before Magistrate Judge Jason B Libby. Instructions to appear by Zoom video conference or Zoom by phone will be sent in a separate email prior to the setting. (KendraPearson, 2)
July 6, 2020 Filing 117 NOTICE OF RESETTING. Parties notified. Status Conference set for 7/7/2020 at 11:15 AM before Magistrate Judge Jason B Libby, filed. All parties must appear by Zoom video conference or Zoom by phone. Instructions will be sent in a separate email. **Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted.** (KendraPearson, 2)
July 2, 2020 Deposit made into the Registry of the Court by Siegel Yuen Honre PLLC in the amount of $1,000, receipt number CC016172 re: #98 Order, filed. (ChristinaAvila, 2)
June 17, 2020 Filing 116 ADVISORY by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
June 16, 2020 Filing 115 ADVISORY by Sophy Treadway, filed.(Hamilton, Byron)
June 16, 2020 Opinion or Order Filing 114 ORDER striking #113 Motion to Quash.(Signed by Magistrate Judge Jason B Libby) Parties notified.(lrivera, 2)
June 15, 2020 Filing 113 Opposed MOTION to Quash Deposition on written questions and subpoena duces tecumMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 7/6/2020. (Attachments: #1 Exhibit Notice of Deposition and Subpoena, #2 Exhibit cited case law, #3 Proposed Order proposed order)(Hamilton, Byron)
June 12, 2020 Opinion or Order Filing 112 ORDER granting #108 Motion for Extension of Time Dispositive and Daubert Motions due by 7/10/2020. (Signed by Magistrate Judge Jason B Libby) Parties notified.(srussell, 2)
June 11, 2020 Filing 111 NOTICE to the Court by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. (Johnson, Andrea)
June 11, 2020 Filing 110 ADVISORY by Sophy Treadway, filed.(Hamilton, Byron)
June 11, 2020 Filing 109 Return of Service - Deposition Notice to R. Treadway by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
June 9, 2020 Filing 108 Opposed MOTION for Extension of Time to File Dispositive and Daubert MotionMotions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 6/30/2020. (Attachments: #1 Exhibit A, #2 Proposed Order)(Johnson, Andrea)
June 4, 2020 Opinion or Order Filing 107 ORDER re hearing and on #90 Defense Counsel may file a Motion to Extend Deadline due on or before 5:00 p.m. 6/9/2020. Plaintiff's Responses due on or before 5:00 p.m 6/12/2020.(Signed by Magistrate Judge Jason B Libby) Parties notified.(amireles, 2) Modified on 6/29/2020 (jmarks, 2).
June 4, 2020 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. STATUS CONFERENCE by telephone and video conference held on 6/4/2020. Update given. Discussion held regarding remaining issues. Defense counsel shall file a motion for extension of discovery deadline by close of business Tuesday, June 9; Plaintiff's counsel shall file any response by close of business, Friday June 12. Appearances: Andrea Marie Johnson, Xenos Man-Wah Yuen, Byron A Hamilton, Jr.(Digital # 2:09:55-2:26:45)(ERO:mara salas), filed.(KendraPearson, 2) Modified on 6/4/2020 (KendraPearson, 2).
June 2, 2020 Filing 106 Notice of Filing of Official Transcript as to #104 Transcript,. Party notified, filed. (dterrell, 2)
June 1, 2020 Filing 105 Statement Regarding Mediation by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
June 1, 2020 Filing 104 TRANSCRIPT re: TELEPHONIC MOTION HEARING held on 5/28/20 before Magistrate Judge Jason B Libby. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party ANDREA M. JOHNSON Release of Transcript Restriction set for 8/31/2020., filed. (thudson, )
June 1, 2020 Filing 103 STATEMENT REGARDING MEDIATION re: #24 Scheduling Order,,, by Sophy Treadway, filed.(Yuen, Xenos)
May 29, 2020 Filing 102 AO 435 TRANSCRIPT REQUEST by Andrea M. Johnson for Transcript of Hearing on 5/28/20 before Judge Libby. 3-Day turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Johnson, Andrea) Modified on 5/29/2020 (lrivera, 2).Electronically forwarded to Exceptional 5/29/20
May 29, 2020 Deposit made into the Registry of the Court by Siegel Yuen Honore PLLC in the amount of $1000.00, receipt number CC016090 re: #98 Order, filed. (dterrell, 2)
May 28, 2020 Opinion or Order Filing 101 ORDER (Signed by Magistrate Judge Jason B Libby) Parties notified.(amartinez, 2)
May 28, 2020 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. TELEPHONIC/VIDEO MOTION HEARING held on 5/28/2020 re: #90 MOTION for Order to Show Cause as to Why Rocky Treadway Should Not be Held in Contempt. Discussion held regarding various issues. Arguments heard. Rulings made on the record. Status Conference set for 6/4/2020 at 02:00 PM before Magistrate Judge Jason B Libby (parties may appear by telephone or video conference). Appearances: Andrea Marie Johnson, Xenos Man-Wah Yuen, Byron A Hamilton, Jr. Also appearing: Sophy Treadway; Matthew Otero; Sopheak Otero. (Digital # 3:04:15-)(ERO:angel mireles), filed.(KendraPearson, 2)
May 27, 2020 Filing 100 DECLARATION of Robert Tamaz re: #99 Notice of Setting,,,,, filed.(Johnson, Andrea)
May 26, 2020 Filing 99 NOTICE OF SETTING as to #90 MOTION for Order to Show Cause as to Why Rocky Treadway Should Not be Held in Contempt. Parties notified. Motion Hearing set for 5/28/2020 at 03:00 PM before Magistrate Judge Jason B Libby, filed. SPECIAL INSTRUCTIONS: Court requires Plaintiff Sophy Treadway to appear by video or telephone. Attorneys can appear by Telephone or Video Conference. If appearing by phone, follow these instructions: Dial in to the Courts Conference phone number of 361-693-6518; 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. Parties who wish to appear by video may do so by connecting to our courtroom at this link: https://aomobile-west.uc.uscourts.gov/call/3000000. Once you clink on the link, you will be prompted to enter the conference code 3000058# and that will be all. Please mute your phones until your case is ready to be heard. THESE CALL-IN INSTRUCTIONS WILL ONLY BE PROVIDED IN THIS ELECTRONIC NOTICE *** (KendraPearson, 2)
May 26, 2020 Opinion or Order Filing 98 ORDER granting in part #96 Fourth MOTION for Extension of Time to deposit sanctions in court registry ( Deposit due by 6/1/2020.)(Signed by Magistrate Judge Jason B Libby) Parties notified.(vrios, 2)
May 26, 2020 Filing 97 ADVISORY by Sophy Treadway, filed.(Hamilton, Byron)
May 26, 2020 Filing 96 Fourth MOTION for Extension of Time deposit sanctions in court registryMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 6/16/2020. (Attachments: #1 Exhibit county judge order, #2 Exhibit unemployment figures from DOL, #3 Proposed Order)(Hamilton, Byron)
May 22, 2020 Filing 95 REPLY in Support of #90 MOTION for Order to Show Cause as to Why Rocky Treadway Should Not be Held in Contempt, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit Exhibit A)(Johnson, Andrea)
May 20, 2020 Filing 94 DECLARATION of Robert Tamaz re: #90 MOTION for Order to Show Cause as to Why Rocky Treadway Should Not be Held in Contempt, filed.(Johnson, Andrea)
May 19, 2020 Filing 93 RESPONSE in Opposition to #90 MOTION for Order to Show Cause as to Why Rocky Treadway Should Not be Held in Contempt, filed by Sophy Treadway. (Attachments: #1 Exhibit Defendants RFP to Plaintiff, #2 Exhibit cited case)(Hamilton, Byron)
May 19, 2020 Filing 92 ADVISORY by Matthew Otero, filed.(Johnson, Andrea)
May 19, 2020 Filing 91 ADVISORY by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 18, 2020 Filing 90 MOTION for Order to Show Cause as to Why Rocky Treadway Should Not be Held in ContemptMotions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 6/8/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Johnson, Andrea) Modified on 6/29/2020 (jmarks, 2).
May 6, 2020 Filing 89 RETURN of Service Executed as to Rocky Jose Treadway on May 5, 2020 re: Subpoena for Documents, Notice of Deposition, filed.(Johnson, Andrea)
May 1, 2020 Filing 88 Mail Returned Undeliverable as to Matthew Otero re: #83 Order, No updated address found, filed. (JessieHutchinson, 2)
May 1, 2020 Filing 87 Mail Returned Undeliverable as to Matthew Otero re: #83 Order, filed. No Updated address listed (BrittanyPainschab, 2)
May 1, 2020 Filing 86 DESIGNATION OF EXPERT WITNESS LIST by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
May 1, 2020 Opinion or Order Filing 85 ORDER granting #82 Motion for Substituted Service.(Signed by Magistrate Judge Jason B Libby) Parties notified.(vrios, 2)
April 30, 2020 Filing 84 RESPONSE in Opposition to #82 Opposed MOTION for Substituted Service, filed by Sophy Treadway. (Attachments: #1 Exhibit emails among counsel, #2 Proposed Order)(Hamilton, Byron)
April 27, 2020 Opinion or Order Filing 83 ORDER Re: #82 Opposed Motion for Substituted Service; Responses due by 4/30/2020.(Signed by Magistrate Judge Jason B Libby) Parties notified.(srussell, 2)
April 24, 2020 Filing 82 Opposed MOTION for Substituted ServiceMotions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 5/15/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Johnson, Andrea)
April 14, 2020 Opinion or Order Filing 81 ORDER granting #79 Motion for Extension of Time Payment or Deposit in Court's Registry Submission Date 6/1/2020.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
April 13, 2020 Filing 80 RESPONSE in Opposition to #78 Unopposed MOTION for Extension of Time TO DEPOSIT SANCTIONS INTO THE REGISTRY OF THE COURT, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order, #4 Proposed Order)(Johnson, Andrea)
April 9, 2020 Filing 79 Amended MOTION for Extension of Time deposit sanctions in court registryMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 4/30/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Hamilton, Byron)
April 9, 2020 Filing 78 Unopposed MOTION for Extension of Time TO DEPOSIT SANCTIONS INTO THE REGISTRY OF THE COURTMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 4/30/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Yuen, Xenos)
March 26, 2020 Opinion or Order Filing 77 ORDER denying #74 Motion for Leave to File.(Signed by Magistrate Judge Jason B Libby) Parties notified.(KelliePapaioannou, 2)
March 25, 2020 Filing 76 RESPONSE to #74 MOTION for Leave to File Plaintiff's Reply to Defendant's Sur-Reply DE 69 filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A)(Johnson, Andrea)
March 25, 2020 Filing 75 REPLY to Defendant's Response (DE73), filed by Sophy Treadway. (Yuen, Xenos)
March 25, 2020 Filing 74 MOTION for Leave to File Plaintiff's Reply to Defendant's Sur-Reply DE 69Motions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 4/15/2020. (Attachments: #1 Proposed Order Proposed Order on P's Motion for Leave, #2 Exhibit P's Reply to Sur Reply, #3 Exhibit Exhibit A to P's Reply to Sur Reply)(Yuen, Xenos)
March 19, 2020 Filing 73 Opposed RESPONSE to #61 Order,,, to Plaintiff's Objections (DE 64) to Sanctions Order (DE 61), filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
March 18, 2020 Opinion or Order Filing 72 ORDER granted in part and otherwise denied #70 Motion for Emergency -Plaintiffs counsel shall either pay defense counsel Andrea Johnson $14,234.70 on or before April 17, 2020 or shall deposit the same in the registry of the Court on or before this date. Plaintiffs counsel is cautioned that absent extraordinary circumstances, no further extensions shall be granted. The discovery deadline remains unchanged and discovery is not stayed..(Signed by Magistrate Judge Jason B Libby) Parties notified.(legarza, 2)
March 18, 2020 Filing 71 RESPONSE to #70 Unopposed EMERGENCY MOTION filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A, #2 Proposed Order)(Johnson, Andrea)
March 18, 2020 Filing 70 Unopposed EMERGENCY MOTIONMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 4/8/2020. (Attachments: #1 Proposed Order Proposed Order Granting second Motion for Extension of time, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D)(Yuen, Xenos)
March 18, 2020 Filing 69 REPLY to #66 Reply of Plaintiff re Magistrate's Order, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Johnson, Andrea)
March 17, 2020 Opinion or Order Filing 68 ORDER granting #67 Motion for Leave to File. Defendants' Sur-reply no more than ten pages on or before March 24, 2020..(Signed by Magistrate Judge Jason B Libby) Parties notified.(legarza, 2)
March 17, 2020 Filing 67 Opposed MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Reply in Support Her Objections to Magistrate's OrderMotions referred to Jason B Libby. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. Motion Docket Date 4/7/2020. (Attachments: #1 Proposed Order)(Johnson, Andrea)
March 10, 2020 Filing 66 REPLY to #61 Order,,, , filed by Sophy Treadway. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Proposed Order Proposed Order)(Yuen, Xenos)
March 5, 2020 Filing 65 Opposed OBJECTIONS to #52 Order, Defendants' Response to Plaintiff's Objections to Magistrate's Order of 02.07.2020, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Johnson, Andrea)
March 5, 2020 Filing 64 APPEAL OF MAGISTRATE JUDGE'S ORDER to #61 Order,,, Imposing Discovery Sanctions, filed by Sophy Treadway. (Attachments: #1 Exhibit Plaintiffs RFP to Matthew Otero, #2 Exhibit Matthew Otero's Response to RFP, #3 Exhibit Emails between counsel, #4 Exhibit Emails between Counsel, #5 Exhibit Letter from Plaintiff's counsel, #6 Exhibit Emails between counsel)(Hamilton, Byron) Modified on 7/7/2020 (bcortez, 2).
February 27, 2020 Opinion or Order Filing 63 ORDER granting in part and denying in part #62 Motion for Extension of Time. Plaintiff's counsel shall either pay defense counsel Andrea Johnson $14,234.70 on or before March 23, 2020 or shall deposit the same in the registry of the Court on or before this date.(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)
February 26, 2020 Filing 62 First MOTION for Extension of Time deposit sanctions in court registryMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 3/18/2020. (Attachments: #1 Proposed Order Order granting extension of time)(Hamilton, Byron)
February 24, 2020 Opinion or Order Filing 61 ORDER IMPOSING DISCOVERY SANCTIONS. It is ORDERED that on or before March 2, 2020, Plaintiffs counsel Xenos Man-Wah Yuen shall pay defense counsel Andrea Marie Johnson $14,234.70 as a sanction for filing a discovery motion that was not substantially justified. It is further ORDERED that should Plaintiff appeal any portion of this order for sanctions to the presiding District Judge, Plaintiff's counsel Xenos Man-Wah Yuen shall deposit in the registry of this Court $14,234.70 on or before March 2, 2020. In the event of an appeal of this order, the Clerk of Court shall secure the funds until further order of the Court. (Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2) (Additional attachment(s) added on 2/25/2020: #1 Financial order reviewed by Finance Dept.) (mserpa, 2).
February 24, 2020 Financial Document Referred to Finance/Houston for approval re: #61 ORDER IMPOSING DISCOVERY SANCTIONS. (Note: Please see last paragraph of this order re: registry.) (mserpa, 2)
February 20, 2020 Filing 60 ANSWER to #48 Amended Complaint/Counterclaim/Crossclaim etc. by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
February 20, 2020 Filing 59 OBJECTIONS to #52 Order, DENYING PLAINTIFF'S MOTION TO COMPEL, filed by Sophy Treadway. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Yuen, Xenos)
February 20, 2020 Filing 58 First RESPONSE to #57 Notice (Other) , filed by Sophy Treadway. (Attachments: #1 Proposed Order)(Hamilton, Byron)
February 20, 2020 Filing 57 NOTICE to the Court re Sanctions re: #56 Surreply to Motion by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. (Johnson, Andrea)
February 19, 2020 Filing 56 SURREPLY to #41 MOTION to Compel PRODUCTION OF ALL OF DEFENDANT MATTHEW OTERO IN RESPONSE TO REQUESTS FOR PRODUCTION, filed by Sophy Treadway. (Yuen, Xenos)
February 18, 2020 Filing 55 REPLY to #53 Brief, regarding Court's Sanctions Order, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit D-1, #8 Exhibit D-2, #9 Exhibit D-3, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I)(Johnson, Andrea)
February 12, 2020 Filing 54 STATEMENT of Defense Costs and Fees re: #52 Order, by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed. (Attachments: #1 Exhibit A, #2 Proposed Order)(Johnson, Andrea)
February 12, 2020 Filing 53 BRIEF IN RESPONSE TO MAGISTRATE JUDGES ORDER (D.E. 52) IMPOSING DISCOVERY SANCTIONS UNDER FED. R. CIV. P. 37 re: #52 Order, by Sophy Treadway, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Yuen, Xenos)
February 7, 2020 Opinion or Order Filing 52 ORDER denying #41 MOTION to Compel PRODUCTION OF ALL OF DEFENDANT MATTHEW OTERO IN RESPONSE TO REQUESTS FOR PRODUCTION (Plaintiff's Brief due by 2/12/2020, Defendant's Responses due by 2/18/2020, Defendant's Statement of Costs and Attorney's Fees due by 2/12/2020). (Signed by Magistrate Judge Jason B Libby) Parties notified.(sylopez, 2)
February 7, 2020 Filing 51 DESIGNATION OF EXPERT WITNESS LIST by Sophy Treadway, filed.(Yuen, Xenos)
February 7, 2020 Filing 50 PROPOSED ORDER re: #49 Response in Opposition to Motion,,, filed.(Johnson, Andrea)
February 6, 2020 Filing 49 RESPONSE in Opposition to #41 MOTION to Compel PRODUCTION OF ALL OF DEFENDANT MATTHEW OTERO IN RESPONSE TO REQUESTS FOR PRODUCTION, filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Johnson, Andrea)
February 6, 2020 Filing 48 First AMENDED COMPLAINT with Jury Demand against Exxizz Foods, Inc., Matthew Otero, Sopheak Otero filed by Sophy Treadway. Related document: #1 Complaint filed by Sophy Treadway.(mserpa, 2)
February 6, 2020 Opinion or Order Filing 47 ORDER GRANTING PLAINTIFF'S MOTION TO AMEND granting #34 Motion for Leave to File.(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)
February 6, 2020 Filing 46 ADVISORY by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
February 5, 2020 Filing 45 Notice of Filing of Official Transcript as to #44 Transcript. Party notified, filed. (dterrell, 2)
February 4, 2020 Filing 44 TRANSCRIPT re: TELEPHONIC HEARING held on 1/15/20 before Magistrate Judge Jason B Libby. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party ANDREA M. JOHNSON Release of Transcript Restriction set for 5/4/2020., filed. (thudson, )
February 3, 2020 Filing 43 REPLY in Support of #34 Opposed MOTION for Leave to File an Amended Complaint, filed by Sophy Treadway. (Hamilton, Byron)
February 3, 2020 Opinion or Order Filing 42 ORDER granting in part in that the reference 1593A are Stricken and denying in part #18 Motion to Dismiss, and that the Court does not dismiss Count III.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2)
February 3, 2020 Filing 41 MOTION to Compel PRODUCTION OF ALL OF DEFENDANT MATTHEW OTERO IN RESPONSE TO REQUESTS FOR PRODUCTIONMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 2/24/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Proposed Order Proposed Order)(Yuen, Xenos)
January 31, 2020 Filing 40 PROPOSED ORDER re: #34 Opposed MOTION for Leave to File an Amended Complaint, filed.(Johnson, Andrea)
January 31, 2020 Opinion or Order Filing 39 ORDER Plaintiffs Motion to compel deadline on or before 12:00 pm 2/3/2020. Defendants' Responses due by 2/6/2020.(Signed by Magistrate Judge Jason B Libby) Parties notified.(fcarbia, 2)
January 31, 2020 Filing 38 RESPONSE to #34 Opposed MOTION for Leave to File an Amended Complaint filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit A)(Johnson, Andrea)
January 31, 2020 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. TELEPHONIC PRE-MOTION CONFERENCE held on 1/31/2020 regarding discovery issues. Discussion held and arguments heard. Court rules Plaintiffs have leave to file a motion to compel discovery which is due by Monday Feb 3 at noon; any response is due on Thursday, Feb 6. Other matters discussed. Appearances: Andrea Marie Johnson, Emily Green, Xenos Man-Wah Yuen, Byron A Hamilton, Jr.(Digital # 11:08:32-11:21:31)(ERO:mara salas), filed.(KendraPearson, 2)
January 30, 2020 Filing 37 AO 435 TRANSCRIPT REQUEST by Andrea M. Johnson for Transcript of Discovery Dispute Hearing before Judge Libby. 3-Day turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Johnson, Andrea) Electronically forwarded to Exceptional on 1/31/2020 (grogan, 2).
January 29, 2020 Filing 36 NOTICE OF SETTING. Parties notified. Telephonic Pre-Motion Conference set for 1/31/2020 at 11:00 AM before Magistrate Judge Jason B Libby, filed. *Instructions for calling into the conference line are included in the attached notice.* (KendraPearson, 2)
January 27, 2020 Opinion or Order Filing 35 CONFIDENTIALITY AND PROTECTIVE ORDER granting #33 Motion for Entry of Order.(Signed by Magistrate Judge Jason B Libby) Parties notified.(lrivera, 2)
January 24, 2020 Filing 34 Opposed MOTION for Leave to File an Amended ComplaintMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 2/14/2020. (Attachments: #1 Proposed Order on Motion for leave to file amended complaint, #2 Complaint)(Yuen, Xenos)
January 24, 2020 Filing 33 Agreed MOTION for Entry of Order re: Motions referred to Jason B Libby. by Exxizz Foods, Inc., filed. Motion Docket Date 2/14/2020. (Attachments: #1 Exhibit A)(Johnson, Andrea)
January 24, 2020 Filing 32 RESPONSE to #31 Objections to Memorandum and Recommendations , filed by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Proposed Order)(Johnson, Andrea)
January 16, 2020 Filing 31 OBJECTIONS to #28 Memorandum and Recommendations, filed by Sophy Treadway. (Yuen, Xenos)
January 15, 2020 Opinion or Order Filing 30 ORDER: Therefore, the parties are ORDERED to confer today, January 15, 2020. It is further ORDERED that the deposition set for January 16, 2020 shall take place as scheduled.(Signed by Magistrate Judge Jason B Libby) Parties notified.(legarza, 2)
January 15, 2020 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. TELEPHONIC PRE-MOTION CONFERENCE held on 1/15/2020. Discussion held and arguments heard. Ruling made on the record. Deposition to go forward tomorrow. Appearances: Andrea Marie Johnson, Xenos Man-Wah Yuen, Byron A Hamilton, Jr.(Digital # 2:34:04-2:49:16)(ERO:mara salas), filed.(KendraPearson, 2)
January 14, 2020 Filing 29 NOTICE OF SETTING. Parties notified. Telephonic Pre-Motion Conference set for 1/15/2020 at 02:30 PM before Magistrate Judge Jason B Libby, filed. *Call-in instructions are included in the attached notice* (KendraPearson, 2)
January 8, 2020 Filing 28 MEMORANDUM AND RECOMMENDATIONS re #18 MOTION to Dismiss #1 Complaint Objections to M&R due by 1/22/2020. Plaintiff's Motion for Leave to file a Response #25 Granted - per footnote 3(Signed by Magistrate Judge Jason B Libby). Parties notified.(amartinez, 2)
November 27, 2019 Filing 27 Opposed REPLY to Response to #18 MOTION to Dismiss #1 Complaint , filed by Exxizz Foods, Inc, Exxizz Foods, Inc., Matthew Otero, Sopheak Otero. (Attachments: #1 Exhibit Slip opinion)(Johnson, Andrea)
November 21, 2019 Filing 26 First RESPONSE in Opposition to #18 MOTION to Dismiss #1 Complaint , filed by Sophy Treadway. (Attachments: #1 Exhibit Public law 113-363, #2 Proposed Order Proposed Order)(Hamilton, Byron)
November 21, 2019 Filing 25 First MOTION for Leave to File Response to Defendants Motion to dismissMotions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 12/12/2019. (Attachments: #1 Proposed Order proposed order)(Hamilton, Byron)
November 14, 2019 Opinion or Order Filing 24 SCHEDULING ORDER. Demand Letter due: 4/15/2020. Statement Regarding Mediation due: 6/1/2020. Amended Pleadings due by 2/3/2020. Joinder of Parties due by 2/3/2020 Pltf Expert Witness List due by 4/1/2020. Deft Expert Witness List due by 5/1/2020. Discovery due by 6/1/2020. Dispositive Motion Filing due by 7/1/2020. Objections due by 9/25/2020 Joint Pretrial Order due by 9/18/2020. Final Pretrial Conference set for 10/1/2020 at 09:00 AM before Judge Nelva Gonzales Ramos Jury Selection set for 10/13/2020 at 08:30 AM before Judge Nelva Gonzales Ramos Jury Trial set for 10/13/2020 at 08:30 AM before Judge Nelva Gonzales Ramos Status Conference set for 7/8/2020 at 10:00 AM before Magistrate Judge Jason B Libby. (Signed by Magistrate Judge Jason B Libby) Parties notified.(vrios, 2)
November 14, 2019 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. TELEPHONIC INITIAL PRETRIAL CONFERENCE held on 11/14/2019. Discussion held regarding pending matters. Scheduling order to be entered. Appearances: Andrea Marie Johnson. Xenos Man-Wah Yuen.(Digital # 9:12:00-9:25:13)(ERO:mara salas), filed.(KendraPearson, 2)
November 13, 2019 Filing 23 Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Sophy Treadway, filed. (Attachments: #1 Supplement proposed scheduling order)(Hamilton, Byron)
November 13, 2019 Filing 22 PROPOSED ORDER , filed. (Attachments: #1 Exhibit, #2 Exhibit)(Johnson, Andrea)
November 4, 2019 Filing 21 NOTICE OF SETTING. Parties notified. Telephonic Initial Conference set for 11/14/2019 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 8, 2019 Filing 20 CERTIFICATE OF INTERESTED PARTIES by Exxizz Foods, Inc, Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
September 30, 2019 Filing 19 ANSWER to #10 Answer to Complaint, Counterclaim by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(Johnson, Andrea)
September 30, 2019 Filing 18 MOTION to Dismiss #1 Complaint Motions referred to Jason B Libby. by Exxizz Foods, Inc., filed. Motion Docket Date 10/21/2019. (Attachments: #1 Proposed Order, #2 Case Law)(Johnson, Andrea)
September 19, 2019 Opinion or Order Filing 17 ORDER denying #15 Motion for Reconsideration.(Signed by Magistrate Judge Jason B Libby) Parties notified.(dterrell, 2)
September 18, 2019 Filing 16 PROPOSED ORDER re: #15 MOTION for Reconsideration of #14 Order, filed.(Wittick, Gordon)
September 18, 2019 Filing 15 MOTION for Reconsideration of #14 Order Motions referred to Jason B Libby. by Sophy Treadway, filed. Motion Docket Date 10/9/2019. (Wittick, Gordon)
September 17, 2019 Opinion or Order Filing 14 ORDER Responses due by 9/30/2019.(Signed by Magistrate Judge Jason B Libby) Parties notified.(jmarks, 2)
September 17, 2019 Minute Entry for proceedings held before Magistrate Judge Jason B Libby. TELEPHONIC MOTION HEARING held on 9/17/2019 as to (108) Opposed MOTION for ADR Appointment filed in 2:18cv295 (d.e. 108) and other matters. Court addresses in 2:19cv244 the answers filed by Defendant Matthew Otero; Court advises him that non lawyers can not represent companies nor other defendants. Court strikes the answers filed; parties have 10 days to file responsive pleadings. Discussion held regarding defendants motion for mediation filed in 2:18cv259. Arguments heards. Court orders mediation in 18cv259, to be completed within 30 days. Motion deadline in 18cv259 is extended to 10 days after mediation. Discussion held regarding 2:19cv132; update on status of case given. Pre-motion conference held. Court grants leave for Plaintiffs counsel to file a motion to compel (re: 3rd party subpoena) but they must attempt to resolve the matter prior to filing said motion. Order to be entered. Appearances:Xenos Man-Wah Yuen. Andrea Marie Johnson. Matthew Otero. Sopheak Otero. (Digital # 2:05:17-2:32:29)(ERO:annette martinez), filed.(KendraPearson, 2)
September 16, 2019 Filing 13 AMENDED ANSWER to #1 Complaint, Counterclaim by Matthew Otero, filed. (ChristinaAvila, 2)
September 12, 2019 Filing 12 NOTICE OF RESETTING. Parties notified. Telephonic Motion Hearing as to 108 Opposed MOTION for ADR Appointment filed in 2:18cv295 (d.e. 108) set for 9/17/2019 at 02:00 PM before Magistrate Judge Jason B Libby, filed. *Instructions for calling into the conference line are included in the attached notice.* (KendraPearson, 2)
September 12, 2019 MINUTE ENTRY, filed. Telephonic Motion Hearing as to 108 Opposed MOTION for ADR Appointment/Mediation filed in 2:18cv295 (d.e. 108) set for 9/12/2019 at 11:00 AM before Magistrate Judge Jason B Libby IS CANCELED due to technical issues; hearing to be reset. (KendraPearson, 2)
September 11, 2019 Filing 11 COUNTERCLAIM against Sophy Treadway filed by Matthew Otero.(ChristinaAvila, 2)
September 11, 2019 Filing 10 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against All Defendants by Exxizz Foods, Inc., Matthew Otero, Sopheak Otero, filed.(ChristinaAvila, 2)
September 6, 2019 Filing 9 NOTICE of Setting. Parties notified. Telephonic Motion Hearing as to 108 Opposed MOTION for ADR Appointment filed in 2:18cv295 (d.e. 108) set for 9/12/2019 at 11:00 AM before Magistrate Judge Jason B Libby, filed. *Instructions for calling into the conference line are included in the attached notice.* (KendraPearson, 2)
September 5, 2019 Filing 8 NOTICE OF RESETTING. Parties notified. Initial Conference set for 11/14/2019 at 09:00 AM before Magistrate Judge Jason B Libby, filed. (KendraPearson, 2)
September 4, 2019 Opinion or Order Filing 7 ORDER OF REFERENCE to Magistrate Magistrate Judge Jason B Libby(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)
August 30, 2019 Filing 6 CERTIFICATE OF INTERESTED PARTIES by Sophy Treadway, filed.(Wittick, Gordon)
August 26, 2019 Opinion or Order Filing 5 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/14/2019 at 09:00 AM before Judge Nelva Gonzales Ramos Parties notified.(dterrell, 2)
August 26, 2019 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by First-class mail, filed.(dterrell, 2)
August 23, 2019 Filing 4 Request for Issuance of Summons as to All Plaintiffs, filed.(Yuen, Xenos)
August 23, 2019 Filing 3 Request for Issuance of Summons as to All Plaintiffs, filed.(Yuen, Xenos)
August 23, 2019 Filing 2 Request for Issuance of Summons as to All Plaintiffs, filed.(Yuen, Xenos)
August 23, 2019 Filing 1 COMPLAINT against All Plaintiffs (Filing fee $ 400 receipt number 0541-23047086) filed by SOPHY TREADWAY. (Attachments: #1 Exhibit Exhibit A)(Yuen, Xenos)

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Search for this case: Treadway v. Otero et al
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Plaintiff: SOPHY TREADWAY
Represented By: Xenos Man-Wah Yuen
Represented By: Gordon Russell Wittick
Represented By: Byron A Hamilton, Jr
Represented By: George Wells Long
Represented By: Kenneth Royce Barrett
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Counter claimant: Sopheak Otero
Represented By: Andrea Marie Johnson
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Counter claimant: Exxizz Foods, Inc
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Counter claimant: Exxizz Foods, Inc doing business as Rockport Donuts
Represented By: Andrea Marie Johnson
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Defendant: MATTHEW OTERO
Represented By: Gizem Basbug Petrosino
Represented By: Andrea Marie Johnson
Represented By: Demetri Economou
Represented By: Brett William Arnold
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Defendant: EXXIZZ FOODS INC dba Rockport Donuts
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Defendant: Exxizz Foods, Inc.
Represented By: Gizem Basbug Petrosino
Represented By: Andrea Marie Johnson
Represented By: Demetri Economou
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Defendant: Exxizz Foods, Inc. doing business as Rockport Donuts
Represented By: Andrea Marie Johnson
Represented By: Brett William Arnold
Represented By: Demetri Economou
Represented By: Gizem Basbug Petrosino
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