Smith v. Fluor Enterprises, Inc. et al.
Plaintiff: Esmeralda Smith
Defendant: Fluor Enterprises, Inc. and Fluor Corporation (Delaware)
Case Number: 4:2010cv03625
Filed: October 3, 2010
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Anderson
Presiding Judge: Keith P Ellison
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1981
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 1, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2013 Costs Taxed in the amount of $ 1,620.53 re: #46 Bill of Costs, filed. (dhansen, )
March 13, 2013 Filing 46 BILL OF COSTS in total amount $1620.53 by Fluor Enterprises, Inc., filed.(Duffy, Dennis)
March 5, 2013 Filing 45 FINAL JUDGMENT. Case is dismissed with prejudice. (Signed by Judge Keith P Ellison) Parties notified.(glyons)
February 12, 2013 Opinion or Order Filing 44 MEMORANDUM AND ORDER GRANTING #36 MOTION for Summary Judgment (Signed by Judge Keith P Ellison) Parties notified.(sloewe)
February 4, 2013 Minute Entry for proceedings held before Judge Keith P Ellison. STATUS CONFERENCE held on 2/4/2013. The Court will issue a ruling on the Motion for Summary Judgment in all three cases. Objections will be ruled on within the order. Appearances:Law Clerk: Nila Bala. Dennis Paul Duffy, Jo Miller.(Court Reporter: Carlisle), filed.(kpicota, )
January 17, 2013 Filing 43 NOTICE of Setting. Parties notified. Status Conference set for 2/4/2013 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe)
December 6, 2012 Filing 42 Opposed RESPONSE to #36 MOTION for Summary Judgment filed by Esmeralda Smith. (Attachments: #1 Proposed Order Order)(Miller, Jo)
December 6, 2012 Filing 41 SURREPLY to #36 MOTION for Summary Judgment, filed by Esmeralda Smith. (Attachments: #1 Exhibit SurReply, #2 Supplement Quick Stop, #3 Supplement Wm Sonoma, #4 Proposed Order Propsoed Order)(Miller, Jo)
November 26, 2012 Filing 40 OBJECTIONS to #38 Response in Opposition to Motion,,, filed by Fluor Enterprises, Inc.. (Duffy, Dennis)
November 26, 2012 Filing 39 REPLY in Support of #36 MOTION for Summary Judgment, filed by Fluor Enterprises, Inc.. (Attachments: #1 Appendix Appendix and Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Duffy, Dennis)
November 19, 2012 Filing 38 Opposed RESPONSE in Opposition to #36 MOTION for Summary Judgment, filed by Esmeralda Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Miller, Jo)
November 5, 2012 Opinion or Order Filing 37 ORDER granting in part Motion for Extension of Time; Motion for Leave to File Excess Pages; Motion to Expedite. Dena Belcher response due 11/12/12, reply due 11/26/12; Esmeralda Smith response due 11/19/12, reply due 12/3/12; Rhonda Woolard response due 11/26/12, reply due 12/10/12. (Signed by Judge Keith P Ellison) Parties notified.(bthomas)
October 26, 2012 Filing 36 MOTION for Summary Judgment by Fluor Enterprises, Inc., filed. Motion Docket Date 11/16/2012. (Attachments: #1 Exhibit Index and Exh 1, #2 Exhibit Exh 2 to Index, #3 Exhibit Exh 3 to Index, #4 Exhibit Exh 4 to Index, #5 Exhibit Exh 5 to Index, #6 Exhibit Exh 6 to Index, #7 Exhibit Exh 7 to Index, #8 Exhibit Exh 8 to Index, #9 Exhibit Exh 9 to Index, #10 Exhibit Exh 10 to Index, #11 Exhibit Exh 11 to Index, #12 Exhibit Exh 12 to Index, #13 Exhibit Exh 13 to Index, #14 Appendix Appendix and Tab A, #15 Appendix Tab B to Appendix, #16 Appendix Tab C to Appendix, #17 Appendix Tab D to Appendix, #18 Appendix Tab E to Appendix, #19 Appendix Tab F to Appendix, #20 Appendix Tab G to Appendix, #21 Appendix Tab H to Appendix, #22 Appendix Tab I to Appendix, #23 Appendix Tab J to Appendix, #24 Appendix Tab K to Appendix, #25 Appendix Tab L to Appendix, #26 Appendix Tab M to Appendix, #27 Appendix Tab N to Appendix, #28 Appendix Tab O to Appendix, #29 Proposed Order Order)(Duffy, Dennis)
September 15, 2012 Filing 35 Opposed MOTION to Compel Discovery by Esmeralda Smith, filed. Motion Docket Date 10/9/2012. (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, #17 Exhibit Q, #18 Exhibit R, #19 Proposed Order Proposed order)(Miller, Jo)
July 9, 2012 Filing 34 Amended DESIGNATION OF EXPERT WITNESS LIST by Esmeralda Smith, filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Jo)
April 16, 2012 Opinion or Order Filing 33 ORDER granting #31 Motion for Entry of Order.(Signed by Judge Keith P Ellison) Parties notified.(sloewe)
April 16, 2012 Opinion or Order Filing 32 SCHEDULING ORDER. Trial Term: 3-4 Days. Amended Pleadings due by 6/22/2012. Joinder of Parties due by 6/22/2012 Pltf Expert Witness List due by 7/13/2012. Pltf Expert Report due by 7/13/2012 Deft Expert Witness List due by 8/10/2012. Deft Expert Report due by 8/10/2012 Discovery due by 9/21/2012. Dispositive Motion Filing due by 10/26/2012. Non-Dispositive Motion Filing due by 10/26/2012. Joint Pretrial Order due by 3/11/2013. Jury Trial set for 3/18/2013 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(sloewe)
April 4, 2012 Filing 31 MOTION for Entry of Order re: Scheduling Order by Esmeralda Smith, filed. Motion Docket Date 4/25/2012. (Attachments: #1 Proposed Order Proposed Scheduling Order, #2 Proposed Order)(Miller, Jo)
March 27, 2012 Opinion or Order Filing 30 ORDER TO TRANSFER CASES: Lead Case No. 4:10cv3475 and Member Case No. 4:10cv3625; 4:10cv3623; 4:10cv3624.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, ) Modified on 3/29/2012 (sloewe, ).
March 2, 2012 Filing 29 Opposed MOTION to Compel Attendance of Nicholas Carmichael by Esmeralda Smith, filed. Motion Docket Date 3/23/2012. (Attachments: #1 Proposed Order)(Miller, Jo)
March 2, 2012 Filing 28 NOTICE to Take Deposition of Nicholas Carmichael by Esmeralda Smith, filed. (Miller, Jo)
January 24, 2012 Filing 27 AMENDED ANSWER to #5 Amended Complaint/Counterclaim/Crossclaim etc. by Fluor Enterprises, Inc., filed. (LeRoy, Tracy)
January 17, 2012 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time; Mediation to be completed by 3/15/2012.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, )
January 16, 2012 Filing 25 Unopposed MOTION for Extension of Time Mediation by Esmeralda Smith, filed. Motion Docket Date 2/6/2012. (Attachments: #1 Proposed Order)(Miller, Jo)
November 15, 2011 Opinion or Order Filing 24 Order Referring Case to Mediation. (Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, )
November 14, 2011 Filing 23 NOTICE Designation of Mediator by Esmeralda Smith, filed. (Miller, Jo)
October 7, 2011 Filing 22 DESIGNATION OF EXPERT WITNESS LIST by Fluor Enterprises, Inc., filed.(LeRoy, Tracy)
September 30, 2011 Filing 21 DESIGNATION OF EXPERT WITNESS LIST by Esmeralda Smith, filed. (Attachments: #1 Exhibit A)(Miller, Jo)
September 21, 2011 Filing 20 NOTICE of Appearance by Tracy N. LeRoy on behalf of Fluor Corporation (Delaware), Fluor Enterprises, Inc., filed. (LeRoy, Tracy)
September 16, 2011 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to designate mediator to 11/14/2011.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(ckrus, )
September 7, 2011 Filing 18 MOTION for Extension of Time Mediator Designation by Esmeralda Smith, filed. Motion Docket Date 9/28/2011. (Attachments: #1 Proposed Order)(Miller, Jo)
May 11, 2011 Opinion or Order Filing 17 AGREED PROTECTIVE ORDER granting #16 Unopposed MOTION for Entry of Order re: Production and use of confidential information.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, )
May 11, 2011 Filing 16 Unopposed MOTION for Entry of Order re: Production and use of confidential information by Fluor Enterprises, Inc., filed. Motion Docket Date 6/1/2011. (Attachments: #1 Exhibit Ex A; Agd Protective Order)(Dawson, Kathryn)
March 25, 2011 Opinion or Order Filing 15 SCHEDULING ORDER. Jury Trial. Joinder of Parties due by 4/29/2011 Pltf Expert Witness List due by 9/30/2011. Deft Expert Witness List due by 10/28/2011. Discovery due by 3/16/2012. Dispositive Motion Filing due by 4/16/2012. Non-Dispositive Motion Filing due by 4/16/2012. Joint Pretrial Order due by 8/15/2012. Docket Call set for 9/7/2012 at 04:00 PM in Courtroom 11B before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified.(chorace)
March 25, 2011 Opinion or Order Filing 14 MINUTE ENTRY ORDER: Rule 16 Conference Scheduling held. Appearances: Meghan Dawson. Appearances: Dennis Paul Duffy, Jo Miller. Parties are to submit their Agreed Mediator information (name, address, phone and fax numbers) to the Court by 8/31/2011.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, )
March 11, 2011 Filing 13 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Esmeralda Smith, filed.(Miller, Jo)
February 22, 2011 Opinion or Order Filing 12 ORDER OF DISMISSAL on #11 Stipulation of Dismissal as to Defendant Fluor Corporation; Fluor Corporation (Delaware) terminated.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, )
February 21, 2011 Filing 11 STIPULATION of Dismissal of Defendant, Fluor Corporation by Esmeralda Smith, filed.(Miller, Jo)
February 2, 2011 Filing 10 NOTICE of Resetting as to #2 Order for Initial Conference and Disclosure. Parties notified. Initial Conference HAS BEEN RESET for 3/25/2011 at 04:15 PM in Room 11521 before Judge Ewing Werlein, Jr. (kcarr, )
February 2, 2011 Filing 9 CERTIFICATE OF INTERESTED PARTIES by Fluor Corporation (Delaware), Fluor Enterprises, Inc., filed.(Duffy, Dennis)
February 2, 2011 Filing 8 ANSWER to #5 Amended Complaint/Counterclaim/Crossclaim etc. by Fluor Corporation (Delaware), Fluor Enterprises, Inc., filed.(Duffy, Dennis)
January 26, 2011 Filing 7 RETURN of Service of SUMMONS Executed as to Fluor Corporation (Delaware) served on 1/12/2011, answer due 2/2/2011, filed. (Attachments: #1 Supplement Green Card)(Miller, Jo)
January 26, 2011 Filing 6 RETURN of Service of SUMMONS Executed as to Fluor Enterprises, Inc. served on 1/12/2011, answer due 2/2/2011, filed. (Attachments: #1 Supplement Green Card)(Miller, Jo)
January 6, 2011 Filing 5 First AMENDED Complaint with Jury Demand against Fluor Corporation, Fluor Corporation (Delaware), Fluor Enterprises, Inc. filed by Esmeralda Smith. (Attachments: #1 Exhibit A)(Miller, Jo)
October 14, 2010 Filing 4 Amended CERTIFICATE OF INTERESTED PARTIES by Esmeralda Smith, filed.(Miller, Jo)
October 13, 2010 Filing 3 CERTIFICATE OF INTERESTED PARTIES by Esmeralda Smith, filed.(Miller, Jo)
October 12, 2010 Summons Issued as to Fluor Enterprises, Inc., filed.(rsmith)
October 12, 2010 Summons Issued as to Fluor Corporation, filed.(rsmith)
October 5, 2010 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/11/2011 at 04:30 PM in Room 11521 before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified.(arrivera )
October 3, 2010 Filing 1 COMPLAINT against Fluor Corporation (Delaware), Fluor Enterprises, Inc. (Filing fee $ 350 receipt number 0541-7017697) filed by Esmeralda Smith.(Miller, Jo)

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Plaintiff: Esmeralda Smith
Represented By: Jo Miller
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Defendant: Fluor Enterprises, Inc.
Represented By: Tracy N LeRoy
Represented By: Dennis Paul Duffy
Represented By: Kathryn Dawson McElvy
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Defendant: Fluor Corporation (Delaware)
Represented By: Tracy N LeRoy
Represented By: Dennis Paul Duffy
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