Carbaugh v. Unisoft International, Inc.
Plaintiff: Mark Carbaugh
Defendant: Unisoft International, Inc. doing business as SMA
Counter Claimant: Unisoft International, Inc.
Case Number: 4:2010cv00670
Filed: March 2, 2010
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Harris
Presiding Judge: Sim Lake
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 206
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 15, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2011 Filing 61 FINAL JUDGMENT in favor of Defendant and against Plaintiff. Case terminated on 11/15/2011.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
November 15, 2011 Opinion or Order Filing 60 MEMORANDUM OPINION AND ORDER Granting #39 Defendant's Motion for Summary Judgment.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
November 7, 2011 Filing 59 NOTICE OF CANCELLATION, filed. (jewilliams, )
November 7, 2011 ***Docket Call set for 11/10/11 is Canceled. (jewilliams, )
October 31, 2011 Filing 58 MOTION In Limine by SMA, Software & Management Associates, Unisoft International, Inc., filed. Motion Docket Date 11/21/2011. (Tipton, Drew)
October 31, 2011 Filing 57 MOTION In Limine Of The Plaintiff by Mark Carbaugh, filed. Motion Docket Date 11/21/2011. (Padgett, Thomas)
October 31, 2011 Filing 56 Joint Proposed Pretrial Order by Mark Carbaugh, filed. (Attachments: #1 Exhibit Pl Witness List, #2 Exhibit Pl Exh List, #3 Exhibit Def Witness List, #4 Exhibit Def Exh List, #5 Exhibit Joint Jury Charge, #6 Exhibit Pl Memo of Law, #7 Exhibit Def Memo of Law)(Padgett, Thomas)
October 28, 2011 Opinion or Order Filing 55 ORDER OF DISMISSAL; #54 Notice of Dismissal. Counter-Claim of Unisoft Intternational, Inc is dismissed.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
October 27, 2011 Filing 54 NOTICE of Dismissal as to Mark Carbaugh by Unisoft International, Inc., filed. (Tipton, Drew)
October 21, 2011 Filing 53 Opposed MOTION Motion to Extend Time for Voir Dire by Mark Carbaugh, filed. Motion Docket Date 11/14/2011. (Attachments: #1 Exhibit 27 Stan L Rev 545, #2 Exhibit 19 J Crim Justice 451, #3 Exhibit 11 Law and Human Behav 131, #4 Proposed Order)(Padgett, Thomas)
October 3, 2011 Filing 52 SURREPLY to #39 MOTION for Summary Judgment, filed by Mark Carbaugh. (Attachments: #1 Exhibit Unpub Case: Patton v. eCardio Diagnostics)(Padgett, Thomas)
October 3, 2011 Opinion or Order Filing 51 ORDER to Stay Submission of Defendant's Motion to Compel Until October 11, 2011.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
September 30, 2011 Filing 50 Agreed PROPOSED ORDER to Stay Submission of Defendant's Motion to Compel re: #40 Opposed MOTION to Compel Motion to Compel, filed.(Smith, Rachel)
September 29, 2011 Filing 49 REPLY to Response to #39 MOTION for Summary Judgment, filed by Unisoft International, Inc.. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix, #8 Appendix, #9 Appendix, #10 Appendix, #11 Appendix, #12 Appendix)(Tipton, Drew)
September 9, 2011 Filing 48 EXHIBITS re: #43 Response in Opposition to Motion, by Mark Carbaugh, filed. (Attachments: #1 Exhibit Unpub Case: Schofield v. Metropolitan Life, #2 Exhibit Unpub Case: Verkuilen v. Mediabank, #3 Exhibit DOL Op Ltr)(Padgett, Thomas)
September 9, 2011 Filing 47 EXHIBITS re: #43 Response in Opposition to Motion, by Mark Carbaugh, filed. (Attachments: #1 Exhibit Unpub Case Feldman v. Law Enf., #2 Exhibit Unpub Case: Jackson v. McKesson, #3 Exhibit Unpub Case: Lien v. Kwik, #4 Exhibit Unpub Case: Miller v. Pilgrims Pride)(Padgett, Thomas)
September 9, 2011 Filing 46 EXHIBITS re: #43 Response in Opposition to Motion, by Mark Carbaugh, filed. (Attachments: #1 Exhibit 17 Declaration of Thomas Padgett Jr, #2 Proposed Order, #3 Exhibit DOL Op Ltr, #4 Exhibit Unpub Case: Duncan v. Quality Steel, #5 Exhibit Unpub Case EEOC v. Walker)(Padgett, Thomas)
September 9, 2011 Filing 45 EXHIBITS re: #43 Response in Opposition to Motion, by Mark Carbaugh, filed. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16)(Padgett, Thomas)
September 9, 2011 Filing 44 EXHIBITS re: #43 Response in Opposition to Motion, by Mark Carbaugh, filed. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 10 - 1, #5 Exhibit 11)(Padgett, Thomas)
September 9, 2011 Filing 43 RESPONSE in Opposition to #39 MOTION for Summary Judgment, filed by Mark Carbaugh. (Attachments: #1 Exhibit 1 Declaration of Carbaugh, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Padgett, Thomas)
September 9, 2011 Opinion or Order Filing 42 ORDER granting #41 Motion for Leave to File Excess Pages. Plaintiff may not exceed 35 pages..(Signed by Judge Sim Lake) Parties notified.(chorace)
September 8, 2011 Filing 41 Unopposed MOTION for Leave to File Excess Pages by Mark Carbaugh, filed. Motion Docket Date 9/29/2011. (Attachments: #1 Proposed Order)(Padgett, Thomas)
September 7, 2011 Filing 40 Opposed MOTION to Compel Motion to Compel by Unisoft International, Inc., filed. Motion Docket Date 9/28/2011. (Attachments: #1 Declaration of Rachel Smith, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibits 9 & 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Proposed Order Order)(Smith, Rachel)
August 12, 2011 Filing 39 MOTION for Summary Judgment by Unisoft International, Inc., filed. Motion Docket Date 9/2/2011. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Affidavit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Appendix, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Tipton, Drew)
August 12, 2011 Opinion or Order Filing 38 ORDER granting #37 Motion for Leave to File Excess Pages.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
August 11, 2011 Filing 37 MOTION for Leave to File Excess Pages by Unisoft International, Inc., filed. Motion Docket Date 9/1/2011. (Attachments: #1 Proposed Order)(Tipton, Drew)
June 17, 2011 Opinion or Order Filing 36 ORDER granting #35 Motion to Substitute Attorney Attorney Andrew S Golub terminated.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
June 16, 2011 Filing 35 Unopposed MOTION to Substitute Attorney Thomas H. Padgett,Jr. in place of Andrew S. Golub by Mark Carbaugh, filed. Motion Docket Date 7/7/2011. (Attachments: #1 Proposed Order)(Golub, Andrew)
April 22, 2011 Opinion or Order Filing 34 AGREED PROTECTIVE ORDER granting #33 Agreed MOTION for Entry of Order re:.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
April 21, 2011 Filing 33 Agreed MOTION for Entry of Order re: by Unisoft International, Inc., filed. Motion Docket Date 5/12/2011. (Attachments: #1 Proposed Order Agreed Protective Order)(Smith, Rachel)
April 18, 2011 Filing 32 ANSWER to #19 Amended Answer, Counterclaim by Mark Carbaugh, filed.(Golub, Andrew)
March 30, 2011 Opinion or Order Filing 31 ORDER Deft Expert Report due by 9/23/2011 Discovery due by 10/28/2011. Dispositive Motion Filing due by 8/12/2011. Joint Pretrial Order due by 10/31/2011. Pltf Expert Report due by 8/5/2011 Docket Call set for 11/10/2011 at 04:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
March 30, 2011 Opinion or Order Filing 30 ORDER granting #29 Motion to Modify.(Signed by Judge Sim Lake) Parties notified.(jewilliams, )
March 29, 2011 Filing 29 Joint MOTION to Modify Unexpired Deadlines in Scheduling Order by Mark Carbaugh, Unisoft International, Inc., filed. Motion Docket Date 4/19/2011. (Attachments: #1 Proposed Order)(Golub, Andrew)
February 21, 2011 Filing 28 NOTICE of Change of Address by Dow Golub Remels & Beverly, LLP, counsel for Mark Carbaugh, filed. (Golub, Andrew)
January 11, 2011 Filing 27 REPLY to Response to #21 MOTION for Leave to File Third Amended Answer and Counterclaim, filed by Unisoft International, Inc.. (Jacobs, Tonya)
January 5, 2011 Filing 26 RESPONSE in Opposition to #21 MOTION for Leave to File Third Amended Answer and Counterclaim, filed by Mark Carbaugh. (Attachments: #1 Proposed Order)(Golub, Andrew)
December 20, 2010 Opinion or Order Filing 25 ORDER granting #24 AMENDED MOTION ( Deft Expert Report due by 6/20/2011, Discovery due by 7/29/2011., Dispositive Motion Filing due by 5/4/2011., Joint Pretrial Order due by 8/1/2011., Non-Dispositive Motion Filing due by 7/22/2011., Pltf Expert Report due by 4/28/2011, Docket Call set for 8/12/2011 at 04:00 PM in Courtroom 9B before Judge Sim Lake).(Signed by Judge Sim Lake) Parties notified.(hcarr, )
December 17, 2010 Filing 24 AMENDED MOTION by Unisoft International, Inc., filed. Motion Docket Date 1/7/2011. (Jacobs, Tonya)
December 17, 2010 Filing 23 PROPOSED ORDER re: #22 MOTION for Continuance of Unexpired Deadlines, filed.(Jacobs, Tonya)
December 17, 2010 Filing 22 MOTION for Continuance of Unexpired Deadlines by Unisoft International, Inc., filed. Motion Docket Date 1/7/2011. (Jacobs, Tonya)
December 16, 2010 Filing 21 MOTION for Leave to File Third Amended Answer and Counterclaim by Unisoft International, Inc., filed. Motion Docket Date 1/6/2011. (Jacobs, Tonya)
December 16, 2010 Filing 20 PROPOSED ORDER re: #18 MOTION for Leave to File Third Amended Answer and Counterclaim, filed.(Jacobs, Tonya)
December 16, 2010 Filing 19 Third AMENDED ANSWER to, COUNTERCLAIM against Mark Carbaugh by Unisoft International, Inc., filed. (Jacobs, Tonya)
December 16, 2010 Filing 18 MOTION for Leave to File Third Amended Answer and Counterclaim by Unisoft International, Inc., filed. Motion Docket Date 1/6/2011. (Jacobs, Tonya) ("Per attorney, incorrect document was attached to this entry; attorney to refile.")
November 19, 2010 Filing 17 ANSWER to #15 Amended Complaint/Counterclaim/Crossclaim etc. by Unisoft International, Inc., filed.(Jacobs, Tonya)
November 5, 2010 Opinion or Order Filing 16 ORDER granting #14 Motion for Leave to File.(Signed by Judge Sim Lake) Parties notified.(hcarr, )
November 4, 2010 Filing 15 First AMENDED Complaint with Jury Demand against Unisoft International, Inc. filed by Mark Carbaugh.(Padgett, Thomas)
November 4, 2010 Filing 14 Unopposed MOTION for Leave to File Amended Complaint by Mark Carbaugh, filed. Motion Docket Date 11/26/2010. (Attachments: #1 Exhibit Amended Complaint, #2 Proposed Order)(Padgett, Thomas)
June 25, 2010 Opinion or Order Filing 13 SCHEDULING ORDER. Amended Pleadings due by 12/17/2010 Joinder of Parties due by 12/17/2010 Pltf Expert Report due by 1/28/2011 Deft Expert Report due by 3/18/2011 Discovery due by 4/29/2011 Dispositive Motion Filing due by 2/4/2011 Non-Dispositive Motion Filing due by 4/22/2011 Joint Pretrial Order due by 5/6/2011 Docket Call set for 5/13/2011 at 04:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(hcarr, )
June 25, 2010 Opinion or Order Filing 12 MINUTE ENTRY ORDER: Scheduling Conference held Appearances: Thomas Pudgett. Appearances: Tonya A Jacobs. Ct Reporter: K. Metzger..(Signed by Judge Sim Lake) Parties notified.(hcarr, )
June 11, 2010 Filing 11 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Unisoft International, Inc., filed.(Jacobs, Tonya)
June 1, 2010 Filing 10 AMENDED ANSWER to #1 Complaint by Unisoft International, Inc., filed. (Jacobs, Tonya)
May 19, 2010 Opinion or Order Filing 9 ORDER denying #7 Motion to Strike. Amended Answer and Affirmative Defenses due within 14 days of the entry of this order.(Signed by Judge Sim Lake) Parties notified.(hcarr, )
May 17, 2010 Filing 8 RESPONSE to #7 MOTION to Strike Defenses, filed by Unisoft International, Inc.. (Jacobs, Tonya)
April 29, 2010 Filing 7 MOTION to Strike Defenses by Mark Carbaugh, filed. Motion Docket Date 5/20/2010. (Attachments: #1 Exhibit 1-2, #2 Proposed Order)(Golub, Andrew)
April 29, 2010 Filing 6 CERTIFICATE OF INTERESTED PARTIES by Mark Carbaugh, filed.(Golub, Andrew)
April 12, 2010 Filing 5 CERTIFICATE OF INTERESTED PARTIES by Unisoft International, Inc., filed.(Jacobs, Tonya)
April 12, 2010 Filing 4 ANSWER to #1 Complaint by Unisoft International, Inc., filed.(Jacobs, Tonya)
March 30, 2010 Filing 3 STIPULATION re: Service of Process by Mark Carbaugh, Unisoft International, Inc., filed.(Golub, Andrew)
March 3, 2010 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/25/2010 at 02:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(lfilmore, )
March 2, 2010 Filing 1 COMPLAINT against Unisoft International, Inc. (Filing fee $ 350 receipt number 0541-6073748) filed by Mark Carbaugh.(Golub, Andrew)

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Defendant: Unisoft International, Inc. doing business as SMA
Represented By: Drew B Tipton
Represented By: Rachel Michelle Smith
Represented By: Tonya A Jacobs
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Plaintiff: Mark Carbaugh
Represented By: Thomas H Padgett, Jr
Represented By: Andrew S Golub
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Counter claimant: Unisoft International, Inc.
Represented By: Drew B Tipton
Represented By: Tonya A Jacobs
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