Equal Employment Opportunity Commission v. Simbaki, Ltd. d/b/a Berryhill Baja Grill and Cantina Featured Case
Plaintiff: Equal Employment Opportunity Commission
Defendant: Berryhill Hot Tamales Corporation doing business as Berryhill Baja Grill & Cantina also known as Corporate Berryhill, Simbaki-I, Inc. doing business as Berryhill Baja Grill & Cantina, Philip J Wattel, Corporate Berryhill and Simbaki, Ltd. doing business as Berryhill Baja Grill & Cantina
Intervenor Plaintiff: Laura Baatz and Kimberly Kulig
Case Number: 4:2012cv00221
Filed: January 24, 2012
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Harris
Presiding Judge: Nancy F Atlas
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 4, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 4, 2015 Filing 197 AGREED FINAL JUDGMENT. Granting #196 Motion for Judgment.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
May 28, 2015 Filing 196 Unopposed MOTION for Agreed Final Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 6/18/2015. (Attachments: #1 Exhibit A: Agreed Final Judgment, #2 Exhibit B: Conversion Order, #3 Exhibit C: Article, #4 Exhibit D: Motion, #5 Exhibit E: SOS Document, #6 Exhibit F: SOS Document, #7 Exhibit G: Assumed Name Cert., #8 Exhibit H: Motion to Compromise, #9 Exhibit I: Compromise Order, #10 Proposed Order Agreed Final Judgment)(Wilhite, Connie)
May 8, 2015 Opinion or Order Filing 195 ORDER granting #194 Motion for Extension of Time.The deadline for any party to move forreinstatement is extended to May 29, 2015.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
May 7, 2015 Filing 194 Unopposed MOTION for Extension of Time Conditional Dismissal Deadline by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/28/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Wilhite, Connie)
March 26, 2015 Opinion or Order Filing 193 ORDER granting #192 Motion for Extension of Time. Reinstatement of claims is due by May 8, 2015. (Signed by Judge Nancy F. Atlas) Parties notified.(amwilliams, 4)
March 25, 2015 Filing 192 Unopposed MOTION for Extension of Time Reinstatement by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/15/2015. (Attachments: #1 Proposed Order Granting Motion)(Wilhite, Connie)
March 4, 2015 Opinion or Order Filing 191 AGREED ORDER OF DISMISSAL with prejudice of Wattel and BHT. (Signed by Judge Nancy F. Atlas) Parties notified. (wbostic, 4)
March 4, 2015 Filing 190 Joint MOTION to Dismiss with Prejudice of Wattel and BHT by Laura Baatz, Berryhill Hot Tamales Corporation, Kimberly Kulig, Philip J Wattel, filed. Motion Docket Date 3/25/2015. (Attachments: #1 Proposed Order)(Shely, John)
January 28, 2015 Filing 189 Alternative Dispute Resolution Questionnaire provided to all parties of record, filed. (dmullinax, 4)
January 27, 2015 Opinion or Order Filing 188 CONDITIONAL ORDER OF DISMISSAL. Case terminated on 1/27/2015(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
January 27, 2015 Filing 187 Alternative Dispute Resolution Memorandum; case settled, filed. (Attachments: #1 Fee Report)(Soussan, Susan)
December 12, 2014 Opinion or Order Filing 186 ORDER denying #153 Motion in Limine; denying #154 Motion in Limine.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
December 8, 2014 Opinion or Order Filing 185 MEMORANDUM AND ORDER DENIED #176 Second MOTION for Summary Judgment and Supporting Memorandum of Law ( Mediation due by 2/2/2015., Status Conference set for 2/17/2015 at 02:00 PM in Courtroom 9F before Judge Nancy F. Atlas)(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
December 2, 2014 Filing 184 SURREPLY to #176 Second MOTION for Summary Judgment and Supporting Memorandum of Law, filed by Laura Baatz, Kimberly Kulig. (Shely, John)
November 28, 2014 Filing 183 REPLY to #181 Response in Opposition to Motion (Second) for Summary Judgment, filed by Berryhill Hot Tamales Corporation. (Deffebach, Matthew)
November 14, 2014 Filing 182 APPENDIX re: #181 Response in Opposition to Motion by Laura Baatz, Kimberly Kulig, filed. (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)(Shely, John)
November 14, 2014 Filing 181 RESPONSE in Opposition to #176 Second MOTION for Summary Judgment and Supporting Memorandum of Law, filed by Laura Baatz, Kimberly Kulig. (Shely, John)
October 29, 2014 Opinion or Order Filing 180 ORDER granting #179 Motion for Extension of Time Responses due by 11/14/2014. Replies due by 11/28/2014.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
October 29, 2014 Filing 179 Joint MOTION for Extension of Time (Joint Motion to Extend Submission Date and Reply Deadline) by Laura Baatz, Berryhill Hot Tamales Corporation, Kimberly Kulig, filed. Motion Docket Date 11/19/2014. (Attachments: #1 Proposed Order)(Shely, John)
October 14, 2014 Opinion or Order Filing 178 Order of USCA - PER CURIAM re: #126 Notice of Appeal ; USCA No. 13-20387. We vacate the district court's grant of summary judgment for Berryhill Corporate, and Remand for further proceedings consistent with this opinion, filed.(dnoriega, 1)
October 14, 2014 Opinion or Order Filing 177 Order of USCA - JUDGMENT; judgment issued as mandate 10/9/2014 re: #126 Notice of Appeal ; USCA No. 13-20387. ordered and adjudged that the judgment of the district court is vacated, and the cause is remanded to the district court for further proceedings in accordance with the opinion of this court. Ordered that each party to bear its own costs on appeal, filed. (Attachments: #1 Letter)(dnoriega, 1)
October 10, 2014 Filing 176 Second MOTION for Summary Judgment and Supporting Memorandum of Law by Berryhill Hot Tamales Corporation, filed. Motion Docket Date 10/31/2014. (Attachments: #1 Appendix Table of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, Part 1, #5 Exhibit 3, Part 2, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23)(Deffebach, Matthew)
October 3, 2014 Opinion or Order Filing 175 ORDER granting #174 Motion for Leave to File.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Main Document 175 replaced on 10/3/2014) (sashabranner, 4). (Main Document 175 replaced on 10/3/2014) (sashabranner, 4).
October 2, 2014 Filing 174 MOTION for Leave to File and Exceed Page Limits by Berryhill Hot Tamales Corporation, filed. Motion Docket Date 10/23/2014. (Attachments: #1 Proposed Order Proposed Order)(Deffebach, Matthew)
October 1, 2014 Opinion or Order Filing 173 ORDER Dispositive Motion Filing due by 10/10/2014.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
October 1, 2014 Filing 172 RESPONSE to #171 Status Report , filed by Laura Baatz, Kimberly Kulig. (Shely, John)
October 1, 2014 Filing 171 STATUS REPORT by Berryhill Hot Tamales Corporation, filed.(Deffebach, Matthew)
September 19, 2014 Filing 170 RESPONSE to Intervenors' Request for a Status Conference and Trial Setting, filed by Berryhill Hot Tamales Corporation. (Deffebach, Matthew)
September 17, 2014 Filing 169 NOTICE of Fifth Circuit Court of Appeals Opinion by Laura Baatz, Kimberly Kulig, filed. (Attachments: #1 Opinion)(Shely, John)
June 27, 2014 Filing 168 Notice of Filing of Official Transcript as to #167 Transcript. Party notified, filed. (dhansen, 4)
June 26, 2014 Filing 167 TRANSCRIPT re: Docket Call held on May 15, 2014 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party John B. Shely Release of Transcript Restriction set for 9/24/2014., filed. (mahenry, )
June 18, 2014 Filing 166 STIPULATION re: Employee Numerosity by Laura Baatz, Kimberly Kulig, filed.(Shely, John)
June 13, 2014 Filing 165 AO 435 TRANSCRIPT ORDER FORM by John B. Shely. This is to order a transcript of Hearing held on 5/15/14 before Judge Nancy F. Atlas (Original). Court Reporter/Transcriber: ERO/JTT, filed. (dhansen, 4) Electronically forwarded to Judicial Transcribers of Texas 6/13/2014. (marflores, 4).
May 30, 2014 Opinion or Order Filing 164 MINUTE ENTRY ORDER: Docket call held GRANTED #150 MOTION to Reinstate Baatz and Kulig's Case MOTION to Consolidate Lead Case No. 4:12-cv-00221 and Member Case No. 4:14-cv-00270, #157 Opposed MOTION for Leave to File Supplemental Answer. Defendants to produce any additional documents pertaining to the leave to amend by May29, 2014. Depositions should be taken within the first two weeks of June.A final docket call will be set after a ruling has been issued by the Court of Appeals. Appearances: Chris Eisenhohr. Appearances: John Bruce Shely, Connie Kay Wilhite, Douglas A McAninch, Jill D Schein. Ct Reporter: ERO. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
May 15, 2014 Filing 163 Proposed Voir Dire Questions, filed. (Attachments: #1 Continuation)(McAninch, Douglas)
May 15, 2014 Filing 162 Proposed Voir Dire Questions, filed.(McAninch, Douglas)
May 14, 2014 Filing 161 PRETRIAL MEMORANDUM by Equal Employment Opportunity Commission, filed.(Wilhite, Connie)
May 14, 2014 Filing 160 Exhibit List by Equal Employment Opportunity Commission, filed.(Wilhite, Connie)
May 11, 2014 Filing 159 RESPONSE in Opposition to #157 Opposed MOTION for Leave to File Supplemental Answer, filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Denying Leave)(Wilhite, Connie)
May 6, 2014 Filing 158 Proposed Voir Dire Questions, filed.(Wilhite, Connie)
May 6, 2014 Filing 157 Opposed MOTION for Leave to File Supplemental Answer by Simbaki, Ltd., filed. Motion Docket Date 5/27/2014. (Attachments: #1 Continuation, #2 Proposed Order)(McAninch, Douglas)
May 6, 2014 Opinion or Order Filing 156 ORDER counsel for Plaintiff and for Defendant shallconfer prior to the May 15, 2014 docket call to determine which limine matters andwhich objections to exhibits are unopposed, and which objections to exhibits can beresolved through redactions or other similar means.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
May 6, 2014 Filing 155 Proposed Voir Dire Questions, filed. (Attachments: #1 Continuation)(McAninch, Douglas)
May 6, 2014 Filing 154 First MOTION In Limine by Simbaki, Ltd., filed. Motion Docket Date 5/27/2014. (McAninch, Douglas)
May 5, 2014 Filing 153 MOTION In Limine by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/27/2014. (Attachments: #1 Proposed Order In Limine)(Wilhite, Connie)
May 5, 2014 Filing 152 Joint Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: #1 Exhibit Proposed Jury Charge)(Wilhite, Connie)
April 3, 2014 Opinion or Order Filing 151 ORDER GRANTED #149 MOTION for Continuance of Trial Deadlines ( Joint Pretrial Order due by 5/5/2014., Docket Call set for 5/15/2014 at 10:30 AM in Courtroom 9F before Judge Nancy F. Atlas)(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
April 2, 2014 Filing 150 MOTION to Reinstate Baatz and Kulig's Case, MOTION to Consolidate Lead Case No. 4:12-cv-00221 and Member Case No. 4:14-cv-00270( Motion Docket Date 4/23/2014.) by Laura Baatz, Kimberly Kulig, filed. (Attachments: #1 Proposed Order)(Shely, John)
April 2, 2014 Filing 149 MOTION for Continuance of Trial Deadlines by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/23/2014. (Attachments: #1 Exhibit A: Bankruptcy Order, #2 Proposed Order Granting Continuance)(Wilhite, Connie)
April 2, 2014 Opinion or Order Filing 148 ORDER GRANTED #147 Unopposed MOTION to Substitute Attorney Douglas A. McAninch in place of Pam Rea, Attorney Douglas A McAninch for Simbaki, Ltd.,Douglas A McAninch for Simbaki-I, Inc. added Attorney Pam Rea terminated(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
April 1, 2014 Filing 147 Unopposed MOTION to Substitute Attorney Douglas A. McAninch in place of Pam Rea by Simbaki, Ltd., Simbaki-I, Inc., filed. Motion Docket Date 4/22/2014. (Attachments: #1 Proposed Order Proposed Order)(Rea, Pam)
March 10, 2014 Filing 146 Proof of Claim for Kimberly Kulig by Equal Employment Opportunity Commission, filed. (Attachments: #1 Supplement Summary of Proof of Claim, #2 Exhibit A to Summary, #3 Exhibit B to Summary, #4 Exhibit C to Summary)(Sustaita, Rodolfo)
March 10, 2014 Filing 145 Proof of Claim for Laura Baatz by Equal Employment Opportunity Commission, filed. (Attachments: #1 Supplement Summary to Proof of Claim, #2 Exhibit A to Summary, #3 Exhibit B to Summary, #4 Exhibit C to Summary)(Sustaita, Rodolfo)
February 25, 2014 Opinion or Order Filing 144 ORDER FOR MEDIATION. Parties notified.(sashabranner, 4)
February 21, 2014 Filing 143 NOTICE Report of Status by Simbaki, Ltd., filed. (Rea, Pam)
February 5, 2014 Opinion or Order Filing 142 ORDER GRANTED #136 MOTION to Reinstate The Case ( Joint Pretrial Order due by 4/4/2014., Mediation due by 3/21/2014., Docket Call set for 4/17/2014 at 03:00 PM in Courtroom 9F before Judge Nancy F. Atlas),. Case reopened on 2/5/2014, APPEAL,CLOSE,STAYED flag cleared.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
February 5, 2014 Opinion or Order Filing 141 ORDER the claims of Intervenor Plaintiffs againstIntervenor Defendants Philip J. Wattel, Simbaki, Ltd., and Simbaki-I, Inc. areSEVERED into a separate civil action with a new civil action number. The new civilaction remains STAYED AND ADMINISTRATIVELY CLOSED.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
February 4, 2014 Filing 140 STATUS REPORT by Phillip J. Wattel, filed.(Chandler, Brian)
January 31, 2014 Opinion or Order Filing 139 ORDER Status Report due by 2/21/2014(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
January 14, 2014 Opinion or Order Filing 138 ORDER Responses due by 1/28/2014. Status Report due by 1/28/2014(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
December 24, 2013 Filing 137 SUGGESTION OF BANKRUPTCY by Simbaki, Ltd., filed.(dahumada, 1)
December 23, 2013 Filing 136 MOTION to Reinstate The Case by Equal Employment Opportunity Commission, filed. Motion Docket Date 1/13/2014. (Attachments: #1 Exhibit A: Simbaki's Suggestion of Bankruptcy, #2 Proposed Order)(Wilhite, Connie)
October 30, 2013 Filing 135 STATUS REPORT by Equal Employment Opportunity Commission, filed. (Attachments: #1 Exhibit 1: Documentation)(Wilhite, Connie)
September 10, 2013 Certified electronic record on appeal forwarded to Matthew T. Deffebach via USPS re: #131 re: #126 Notice of Appeal. (USCA No. 13-20387), filed.(jdav, 4)
September 5, 2013 Deposit made into the Registry of the Court by Andrews Kurth LLP in the amount of $5681.86, receipt number HOU039111 re: #134 Order on Motion to Deposit Funds, filed. (mmapps, 4)
September 3, 2013 Opinion or Order Filing 134 ORDER granting #132 Motion to Deposit Funds.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
August 30, 2013 Filing 133 STATUS REPORT by Equal Employment Opportunity Commission, filed.(Wilhite, Connie)
August 30, 2013 Filing 132 Joint MOTION to Deposit Funds into Registry of Court and Stipulation Concerning Corporate Berryhill's Bill of Costs by Laura Baatz, Berryhill Hot Tamales Corporation, Kimberly Kulig, filed. Motion Docket Date 9/20/2013. (Attachments: #1 Proposed Order)(Shely, John)
August 27, 2013 Filing 131 REQUEST for Electronic Copy of Certified Record on Appeal re: #126 Notice of Appeal by Berryhill Hot Tamales Corporation, filed.(Deffebach, Matthew)
August 13, 2013 Opinion or Order Filing 130 ORDER. Defendent Berryhill shall file a response to Plaintiff's Objections (document #128 ) by 09/03/2013. (Signed by Judge Nancy F. Atlas) Parties notified.(gkelner, )
August 2, 2013 Filing 129 REQUEST for Electronic Copy of Certified Record on Appeal re: #126 Notice of Appeal by Laura Baatz, Kimberly Kulig, filed.(Shely, John)
July 17, 2013 Filing 128 OBJECTIONS to #125 Bill of Costs , filed by Laura Baatz, Kimberly Kulig. (Shely, John)
July 17, 2013 Notice of Assignment of USCA No. 13-20387 re: #126 Notice of Appeal, filed.(hler, )
July 15, 2013 Filing 127 Notice of the Filing of an Appeal. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #126 Notice of Appeal, filed.(blacy, ) (Additional attachment(s) added on 7/15/2013: #1 Order) (smurdock, ).
July 10, 2013 Filing 126 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #123 Order,, Add and Terminate Parties, by Laura Baatz, Kimberly Kulig (Filing fee $ 455, receipt number 0541-11691168), filed.(Shely, John)
July 10, 2013 Filing 125 BILL OF COSTS in total amount $12,813.80 by Berryhill Hot Tamales Corporation, filed.(Deffebach, Matthew)
June 26, 2013 Opinion or Order Filing 124 ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE. GRANTED #121 Unopposed MOTION for Continuance of Trial.the parties shall file a joint status report on August 30, 2013,and every sixty (60) days thereafter until such time as the case is reinstated on theCourts active docket. Any party may file at any time a written motion seekingreinstatement. Case terminated on 6/26/2013(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
June 26, 2013 Opinion or Order Filing 123 ORDER GRANTED #119 MOTION to Sever Berryhill Hot Tamales Corporation from the lawsuit,All claims against Corporate Berryhill are DISMISSED WITHPREJUDICE, and Rule 54(b) final judgment is entered on the dismissed claimsagainst Corporate Berryhill. Taxable costs are assessed against Intervenor Plaintiffs.This is a final, appealable judgment as to claims against Corporate Berryhill. Berryhill Hot Tamales Corporation terminated(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
June 26, 2013 ***Set/Reset Deadlines: Status Report due by 8/30/2013 (sashabranner, )
June 24, 2013 Filing 122 RESPONSE to #119 MOTION to Sever Berryhill Hot Tamales Corporation from the lawsuit filed by Laura Baatz, Kimberly Kulig. (Attachments: #1 Proposed Order)(Shely, John)
June 20, 2013 Filing 121 Unopposed MOTION for Continuance of Trial by Phillip J. Wattel, filed. Motion Docket Date 7/11/2013. (Attachments: #1 Proposed Order)(Chandler, Brian)
June 19, 2013 Opinion or Order Filing 120 ORDER any opposition to Defendant Berryhill Hot Tamales Corporations Motion for Severance [Doc. # 119] must be filed by Monday, June 24, 2013.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
June 19, 2013 Filing 119 MOTION to Sever Berryhill Hot Tamales Corporation from the lawsuit by Berryhill Hot Tamales Corporation, filed. Motion Docket Date 7/10/2013. (Attachments: #1 Proposed Order, #2 Proposed Order)(Deffebach, Matthew)
May 29, 2013 Opinion or Order Filing 118 MEMORANDUM AND ORDER (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
May 2, 2013 Filing 117 SURREPLY to #96 MOTION for Summary Judgment and Supporting Memorandum of Law, filed by Laura Baatz, Kimberly Kulig. (Shely, John)
April 30, 2013 Filing 116 REPLY to Response to #97 MOTION for Partial Summary Judgment Against Defendant Simbaki, Ltd., filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit A: Kulig Affidavit, #2 Exhibit B: Baatz Affidavit)(Wilhite, Connie)
April 25, 2013 Filing 115 SURREPLY to #95 First MOTION for Summary Judgment, filed by Laura Baatz. (Shely, John)
April 25, 2013 Filing 114 REPLY to #105 Response in Opposition to Motion, for Summary Judgment, filed by Berryhill Hot Tamales Corporation. (Attachments: #1 Appendix, #2 Exhibit 5, #3 Exhibit 10)(Deffebach, Matthew)
April 25, 2013 Filing 113 Corrected APPENDIX re: #111 Response to Motion, by Simbaki, Ltd., filed. (Attachments: #1 Exhibit Exh. A, part 1, #2 Exhibit Exh A, part 2, #3 Exhibit Exh B, part 1, #4 Exhibit Exh B, part 2, #5 Exhibit Exh B, part 3, #6 Exhibit Exh B, part 4, #7 Exhibit Exh C, #8 Exhibit Exh D)(Rea, Pam)
April 25, 2013 Opinion or Order Filing 112 ORDER GRANTED #110 MOTION for Leave to File Response to EEOC's Partial Motion for Summary Judgment Against Simbaki, Ltd. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
April 24, 2013 Filing 111 RESPONSE to #110 MOTION for Leave to File Response to EEOC's Partial Motion for Summary Judgment Against Simbaki, Ltd., #97 MOTION for Partial Summary Judgment Against Defendant Simbaki, Ltd. filed by Simbaki, Ltd.. (Attachments: #1 Appendix Adopting Summary Judgment Evidence)(Rea, Pam)
April 24, 2013 Filing 110 MOTION for Leave to File Response to EEOC's Partial Motion for Summary Judgment Against Simbaki, Ltd. by Simbaki, Ltd., Simbaki-I, Inc., filed. Motion Docket Date 5/15/2013. (Attachments: #1 Exhibit Exhibit A - Summary Judgment Evidence, #2 Proposed Order Proposed Order)(Rea, Pam)
April 22, 2013 Filing 109 Sealed Event, filed. (With attachments)
April 22, 2013 Opinion or Order Filing 108 ORDER granting #104 Motion for Leave to File.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
April 19, 2013 Filing 107 RESPONSE in Opposition to #100 First MOTION for Partial Summary Judgment, filed by Laura Baatz, Kimberly Kulig. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 1-A, #4 Exhibit 2, #5 Exhibit 2-A, #6 Exhibit 2-B, #7 Exhibit 2-C, #8 Exhibit 2-D, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9)(Shely, John)
April 19, 2013 Filing 106 RESPONSE in Opposition to #100 First MOTION for Partial Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: #1 Appendix List of Exhibits, #2 Exhibit A; Kimberly Kulig Affidavit, #3 Exhibit B: Laura Baatz Affidavit, #4 Exhibit C: Chelette v State Farm, #5 Exhibit D: Gallentine v Hsg Auth., #6 Exhibit E: EEOC v. Rock-Tenn)(Wilhite, Connie)
April 18, 2013 Filing 105 RESPONSE in Opposition to #96 MOTION for Summary Judgment and Supporting Memorandum of Law, filed by Laura Baatz, Kimberly Kulig. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Shely, John)
April 18, 2013 Filing 104 Unopposed MOTION for Leave to File Under Seal an Exhibit to Intervenors' Response to Corporate Berryhill's Motion for Summary Judgment by Laura Baatz, Kimberly Kulig, filed. Motion Docket Date 5/9/2013. (Attachments: #1 Proposed Order)(Shely, John)
April 18, 2013 Filing 103 REPLY to #101 Response in Opposition to Motion for Summary Judgment, filed by Phillip J. Wattel. (Zito, Nicholas)
April 17, 2013 Filing 102 APPENDIX re: #101 Response in Opposition to Motion by Laura Baatz, Kimberly Kulig, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Shely, John)
April 17, 2013 Filing 101 RESPONSE in Opposition to #95 First MOTION for Summary Judgment, filed by Laura Baatz, Kimberly Kulig. (Shely, John)
March 29, 2013 Filing 100 First MOTION for Partial Summary Judgment by Simbaki, Ltd., Simbaki-I, Inc., filed. Motion Docket Date 4/19/2013. (Rea, Pam)
March 28, 2013 Filing 99 First MOTION for Summary Judgment by Simbaki, Ltd., Simbaki-I, Inc., filed. Motion Docket Date 4/18/2013. (Attachments: #1 Exhibit Exhibit A part 1, #2 Exhibit Exhibit A part 2, #3 Exhibit Exhibit B part 1, #4 Exhibit Exhibit B part 2, #5 Exhibit Exhibit B part 3, #6 Exhibit Exhibit B part 4, #7 Exhibit Exhibit C, #8 Exhibit Exhibit D-1 and D-2)(Rea, Pam)
March 28, 2013 Filing 98 Corrected EXHIBITS re: #97 MOTION for Partial Summary Judgment Against Defendant Simbaki, Ltd. by Equal Employment Opportunity Commission, filed.(Wilhite, Connie)
March 28, 2013 Filing 97 MOTION for Partial Summary Judgment Against Defendant Simbaki, Ltd. by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/18/2013. (Attachments: #1 Exhibit A: Philip Wattel Deposition Excerpts, Pt. 1, #2 Exhibit A: Philip Wattel Deposition Excerpts, Pt. 2, #3 Exhibit B: Jeffery Anon Deposition Excerpts, #4 Exhibit C: Kristine Troger Deposition Excerpts, #5 Exhibit D: Kimberly Kulig Deposition Excerpts, #6 Exhibit E: Laura Baatz Deposition Excerpts, #7 Exhibit F: Melissa Hagen Deposition Excerpts, #8 Exhibit G: Wilhite Declaration, #9 Exhibit H: Domingo Affidavit, #10 Exhibit I: Custodian of Records Affidavit w/ Documents)(Wilhite, Connie)
March 28, 2013 Filing 96 MOTION for Summary Judgment and Supporting Memorandum of Law by Berryhill Hot Tamales Corporation, filed. Motion Docket Date 4/18/2013. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit 3.1, #5 Exhibit 3.2, #6 Exhibit 4.1, #7 Exhibit 4.2, #8 Exhibit 5.1, #9 Exhibit 5.2, #10 Exhibit 6.1, #11 Exhibit 6.2, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22)(Deffebach, Matthew)
March 27, 2013 Filing 95 First MOTION for Summary Judgment by Phillip J. Wattel, filed. Motion Docket Date 4/17/2013. (Attachments: #1 Appendix Appendix to MSJ)(Schein, Jill)
March 4, 2013 Opinion or Order Filing 94 ORDER granting #93 Motion for Extension of Time Discovery due by 3/8/2013. Dispositive Motion Filing due by 3/28/2013..(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
March 4, 2013 Filing 93 Agreed MOTION for Extension of Time of Discovery and Motions Deadlines by Laura Baatz, Berryhill Hot Tamales Corporation, Equal Employment Opportunity Commission, Kimberly Kulig, Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed. Motion Docket Date 3/25/2013. (Attachments: #1 Proposed Order)(Deffebach, Matthew)
January 25, 2013 Filing 92 NOTICE to Correct Certificate of Conference re: #90 MOTION for Extension of Time for Deadlines in the Docket Control Order by Equal Employment Opportunity Commission, filed. (Wilhite, Connie)
January 25, 2013 Opinion or Order Filing 91 ORDER granting #90 Motion for Extension of Time Discovery due by 2/28/2013. Dispositive Motion Filing due by 3/21/2013. Joint Pretrial Order due by 6/24/2013. Docket Call set for 7/8/2013 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
January 23, 2013 Filing 90 MOTION for Extension of Time for Deadlines in the Docket Control Order by Berryhill Hot Tamales Corporation, Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed. Motion Docket Date 2/13/2013. (Attachments: #1 Proposed Order)(Deffebach, Matthew)
January 23, 2013 Filing 89 STIPULATION re: of Fact by Laura Baatz, Berryhill Hot Tamales Corporation, Equal Employment Opportunity Commission, Kimberly Kulig, filed. (Attachments: #1 Exhibit 1-101, #2 Exhibit 102-128, #3 Exhibit 129-152, #4 Exhibit 153-203, #5 Exhibit 204-290, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D)(Deffebach, Matthew)
January 9, 2013 Filing 88 NOTICE of Designation of Experts by Berryhill Hot Tamales Corporation, filed. (Deffebach, Matthew)
December 14, 2012 Filing 87 Notice of Filing of Official Transcript as to #85 Transcript. Party notified, filed. (klinds, )
December 13, 2012 Opinion or Order Filing 86 ORDER granting #84 Motion for Extension of Time.and the deadline for its expert designations is extended to January 9, 2013.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
December 13, 2012 Filing 85 TRANSCRIPT re: Discovery Hearing held on November 21, 2012 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Release of Transcript Restriction set for 3/13/2013., filed. (mahenry, )
December 12, 2012 Filing 84 Unopposed MOTION for Extension of Time To Extend Expert Designation Deadline by Berryhill Hot Tamales Corporation, filed. Motion Docket Date 1/2/2013. (Attachments: #1 Proposed Order)(Deffebach, Matthew)
December 5, 2012 Filing 83 AO 435 TRANSCRIPT ORDER FORM by Bree Brister. This is to order a transcript of Motion to Compel Desposition held on 11/21/2012 before Judge Nancy F. Atlas (Copy), filed. (cfelchak) Copy Order electronically forwarded to Judicial Transcribers of Texas on 12/6/2012 (emathis, ).
December 4, 2012 Filing 82 AO 435 TRANSCRIPT ORDER FORM by John. Sholy. This is to order a transcript of Motion Hearing held on 11/21/2012 before Judge Nancy F. Atlas. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (lfilmore, ) Electronically forwarded to Judicial Transcribers of Texas on 12/6/2012 (emathis, ).
November 23, 2012 Filing 81 NOTICE of Identification of Experts by Laura Baatz, Kimberly Kulig, filed. (Shely, John)
November 21, 2012 Opinion or Order Filing 80 MINUTE ENTRY ORDER: Motion hearing held. Appearances: John Bruce Shely, Matthew Thomas Deffebach, Connie Kay Wilhite, Pam Rea, Jill D Schein. Ct Reporter: ERO. Motion to Compel Deposition [Doc. # 73] by Phillip Wattel is DENIED without prejudice in accordance with the record on open court.Motion to Compel Document Production Against Corporate Berryhill and Motion to Expedite Consideration [Doc. # 75] by Intervenors is GRANTED in part and DENIED in part in accordance with the record in open court.Defendant Berryhill to produce documents by December 6, 2012.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
November 19, 2012 Filing 79 RESPONSE to #73 Opposed MOTION to Compel Deposition John Shely filed by Laura Baatz, Kimberly Kulig. (Shely, John)
November 19, 2012 Filing 78 Supplemental EXHIBITS re: #77 Response to Motion, by Berryhill Hot Tamales Corporation, filed. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N, #5 Exhibit O, #6 Exhibit P, #7 Exhibit Q, #8 Exhibit R, #9 Exhibit S, #10 Exhibit T)(Deffebach, Matthew)
November 19, 2012 Filing 77 RESPONSE to #75 MOTION to Compel Document Production Against Corporate Berryhill MOTION to Expedite Consideration filed by Berryhill Hot Tamales Corporation (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Deffebach, Matthew)
November 19, 2012 Opinion or Order Filing 76 ORDER Setting Hearing on Motion #73 Opposed MOTION to Compel Deposition John Shely, #75 MOTION to Compel Document Production Against Corporate Berryhill MOTION to Expedite Consideration : Motion Hearing set for 11/21/2012 at 11:00 AM in Courtroom 9F before Judge Nancy F. Atlas(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Main Document 76 replaced on 11/20/2012) (sashabranner, ).
November 14, 2012 Filing 75 MOTION to Compel Document Production Against Corporate Berryhill, MOTION to Expedite Consideration( Motion Docket Date 12/5/2012.) by Laura Baatz, Kimberly Kulig, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Shely, John)
November 13, 2012 Opinion or Order Filing 74 MEMORANDUM AND ORDER ORDER SETTING DISCOVERY CONFERENCEAND DIRECTIVE TO CONFER Discovery Hearing set for 11/21/2012 at 11:00 AM in Courtroom 9F before Judge Nancy F. Atlas(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
November 12, 2012 Filing 73 Opposed MOTION to Compel Deposition John Shely by Phillip J. Wattel, filed. Motion Docket Date 12/3/2012. (Attachments: #1 Proposed Order Order on Mtn to Compel Depo Shely)(Chandler, Brian)
November 7, 2012 Opinion or Order Filing 72 ORDER granting #71 Motion for Extension of Time.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
November 6, 2012 Filing 71 Second MOTION for Extension of Time to Serve Expert Disclosures by Laura Baatz, Kimberly Kulig, filed. Motion Docket Date 11/27/2012. (Attachments: #1 Proposed Order)(Shely, John)
October 25, 2012 Opinion or Order Filing 70 ORDER granting #69 Motion for Extension of Time.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
October 24, 2012 Filing 69 MOTION for Extension of Time for Expert Disclosures by Laura Baatz, Kimberly Kulig, filed. Motion Docket Date 11/14/2012. (Attachments: #1 Proposed Order)(Shely, John)
October 8, 2012 Filing 68 NOTICE of Appearance by Pam Rea on behalf of Simbaki, Ltd., Simbaki-I, Inc., filed. (Rea, Pam)
October 5, 2012 Filing 67 NOTICE of Appearance by Nicholas E. Zito on behalf of Phillip J. Wattel, filed. (Zito, Nicholas)
September 6, 2012 Opinion or Order Filing 66 ORDER Simbaki-I, Inc. shall retain substitute counsel who shall make an appearance in the case by October 8, 2012. Simbaki-I, Inc. is cautioned that failure to retain substitute counsel by the deadline will result in its answer being stricken and default judgment being entered against it.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
September 6, 2012 Opinion or Order Filing 65 ORDER GRANTED #64 Second MOTION for Curtis Dean Herms, Jr., Drew Tipton, Vahrenwald, Johnson & McMahill, LLC, and Baker Hostetler, LLP to Withdraw as Attorney, Attorney Curtis Dean Herms, Jr terminated(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
September 5, 2012 Filing 64 Second MOTION for Curtis Dean Herms, Jr., Drew Tipton, Vahrenwald, Johnson & McMahill, LLC, and Baker Hostetler, LLP to Withdraw as Attorney by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed. Motion Docket Date 9/26/2012. (Attachments: #1 Proposed Order)(Herms, Curtis)
July 3, 2012 Filing 63 Notice of Filing of Official Transcript as to #62 Transcript. Party notified, filed. (kcraig, )
July 2, 2012 Filing 62 TRANSCRIPT re: Emergency Discovery Conference held on June 26, 2012 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Release of Transcript Restriction set for 10/1/2012., filed. (mahenry, )
June 28, 2012 Filing 61 Transcript Order Form to order transcript of Discovery Hearing held on 6/26/2012 by Berryhill Hot Tamales Corporation, filed.(Deffebach, Matthew)
June 27, 2012 Filing 60 AO 435 TRANSCRIPT ORDER FORM by John B Shely. This is to order a transcript of Discovery Hearing held on 6/26/12 before Judge Nancy F. Atlas (original), filed. (glyons)
June 26, 2012 Opinion or Order Filing 59 MINUTE ENTRY ORDER: Discovery held Appearances: Kathy Strahan. Appearances: John Bruce Shely, Matthew Thomas Deffebach, Connie Kay Wilhite, Curtis Dean Herms, Jr. Ct Reporter: ERO. Rulings as stated on the record in open court. Parties must conduct the deposition of Defendant Wattel in the Courts jury room (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
June 26, 2012 Filing 58 NOTICE (Letter regarding deposition of Defendant Philip J. Wattel) by Laura Baatz, Kimberly Kulig, filed. (Attachments: #1 Exhibit)(Shely, John)
June 22, 2012 Filing 57 Notice of Filing of Official Transcript as to #56 Transcript. Party notified, filed. (mmapps, )
June 21, 2012 Filing 56 TRANSCRIPT re: #46 MOTION HEARING held on 06-07-12 before Judge Nancy F. Atlas. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Release of Transcript Restriction set for 9/19/2012., filed. (esaenz, )
June 13, 2012 Filing 55 AO 435 TRANSCRIPT ORDER FORM by John B Shely. This is to order a transcript of Motion Hearing held on 6/7/12 before Judge Nancy F. Atlas (Original), filed. (smurdock, ). Expedited Order forwarded electronically to Exceptional Reporting Services on 6/14/2012. Modified on 6/14/2012 (pcrawford, ).
June 13, 2012 Filing 54 Notice of Filing of Official Transcript as to #53 Transcript, #52 Transcript. Party notified, filed. (jdav, )
June 12, 2012 Filing 53 TRANSCRIPT re: Initial Conference / Corrected Cover: Page 1, Lines 18 and 22 (formatting only) held on 5/29/2012 before Judge Nancy F. Atlas. Court Reporter/Transcriber Digital Scroll Transcription. Release of Transcript Restriction set for 9/10/2012., filed. (lgriffin, )
June 12, 2012 Filing 52 TRANSCRIPT re: Initial Conference held on 5/29/2012 before Judge Nancy F. Atlas. Court Reporter/Transcriber Digital Scroll Transcription. Release of Transcript Restriction set for 9/10/2012., filed. (lgriffin, )
June 7, 2012 Opinion or Order Filing 51 MINUTE ENTRY ORDER: Motion held DENIED #38 MOTION for C. Dean Herms, Jr., of Vahrenwald, Johnson & McMahill, LLC and Drew B. Tipton of Baker Hostetler, LLC to Withdraw as Attorney. Appearances: John Bruce Shely, Matthew Thomas Deffebach, Connie Kay Wilhite, Curtis Dean Herms, Jr. Ct Reporter: ERO. Motion for C. Dean Herms, Jr to Withdraw as Attorney by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel [Doc. # 38] is DENIED at this time in accordance with the record in open court. Mr. Herms may file a new Motion to withdraw upon the filing of the documents required by the Court at this hearing.Initial disclosures are due June 22, 2012.Mr. Shely must provide to Mr. Herms a settlement demand by June 18, 2012.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
June 6, 2012 Filing 50 ANSWER to #6 Intervenor Complaint by Berryhill Hot Tamales Corporation, filed. (Attachments: #1 Exhibit A)(Deffebach, Matthew)
June 6, 2012 Filing 49 ANSWER to #6 Intervenor Complaint by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed.(Herms, Curtis)
June 6, 2012 Filing 48 ANSWER to Complaint by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed.(Herms, Curtis)
June 6, 2012 Filing 47 RESPONSE to #38 MOTION for C. Dean Herms, Jr., of Vahrenwald, Johnson & McMahill, LLC and Drew B. Tipton of Baker Hostetler, LLC to Withdraw as Attorney filed by Laura Baatz, Kimberly Kulig. (Attachments: #1 Proposed Order (denying motion), #2 Proposed Order (conditionally granting motion))(Shely, John)
June 4, 2012 Filing 46 NOTICE of Setting as to #38 MOTION for C. Dean Herms, Jr., of Vahrenwald, Johnson & McMahill, LLC and Drew B. Tipton of Baker Hostetler, LLC to Withdraw as Attorney. Parties notified. Motion Hearing set for 6/7/2012 at 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas, filed. (sashabranner, )
May 31, 2012 Filing 45 AO 435 TRANSCRIPT ORDER FORM by Bree R. Brister. This is to order a transcript of Pre-Trial Conference (Copy Order) held on 5/29/2012 before Judge Nancy F. Atlas (Original), filed. (mlothmann). Expedited Copy Order forwarded electronically to Digital Scroll Transcription on 6/01/2012. Modified on 6/1/2012 (pcrawford, ).
May 30, 2012 Filing 44 AO 435 TRANSCRIPT ORDER FORM by John B. Shely. This is to order a transcript of Initial Pretrial Conference held on 5/29/12 before Judge Nancy F. Atlas (Original), filed. (saustin, ) Electronically forwaded to Digital Scroll Transcription on 5/31/2012 (emathis, ).
May 29, 2012 Opinion or Order Filing 43 SCHEDULING ORDER. ETT: 3-4 days. Jury. Amended Pleadings due by 7/16/2012. Joinder of Parties due by 7/16/2012 Pltf Expert Report due by 10/26/2012 Deft Expert Report due by 11/28/2012 Discovery due by 1/31/2013. Mediation due by 4/30/2013 Dispositive Motion Filing due by 2/21/2013. Non-Dispositive Motion Filing due by 2/21/2013. Joint Pretrial Order due by 4/22/2013. Docket Call set for 4/30/2013 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
May 29, 2012 Opinion or Order Filing 42 MINUTE ENTRY ORDER: Pretrial conference held DENIED #38 MOTION for C. Dean Herms, Jr., of Vahrenwald, Johnson & McMahill, LLC and Drew B. Tipton of Baker Hostetler, LLC to Withdraw as Attorney. Appearances: John Bruce Shely, Matthew Thomas Deffebach, Connie Kay Wilhite, Curtis Dean Herms, Jr. Ct Reporter: ERO..Docket control order to follow.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
May 23, 2012 Opinion or Order Filing 41 MEMORANDUM AND ORDER Simbakis Motion to Dismiss [Doc. # 7] is DENIED; ORDERED that BHTs Motion to Dismiss [Doc. # 8] is GRANTED as to the battery and negligent retention claims, GRANTED with leave to amend as to the libel and slander claims, and DENIED as to the Title VII claims; andORDERED that the Simbaki Defendants Motion to Dismiss [Doc. # 12] is GRANTED as to the battery claim, GRANTED as to the libel and slander claims regarding the statements made in the course of the EEOC proceeding, DENIED as to the libel and slander claims regarding the statements made to the Houston Chronicle, and DENIED as to the Title VII claims. It is furtherORDERED that Intervenor Plaintiffs are granted leave to amend their libel and slander claims against BHT to allege a factual and legal basis for imputing liability to BHT for any libel and slander allegedly committed by Wattel. The amendment must be filed no later than June 4, 2012.SIGNED at Houston, Texas, this 23rd day of May, 2012.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
May 23, 2012 Filing 40 NOTICE of Resetting as to #35 Order on Motion for Continuance,. Parties notified. Initial Conference set for 5/29/2012 at 11:00 AM (TIME CHANGE ONLY) in Courtroom 9F before Judge Nancy F. Atlas, filed. (sashabranner, )
May 21, 2012 Filing 39 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(Wilhite, Connie)
May 18, 2012 Filing 38 MOTION for C. Dean Herms, Jr., of Vahrenwald, Johnson & McMahill, LLC and Drew B. Tipton of Baker Hostetler, LLC to Withdraw as Attorney by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed. Motion Docket Date 6/8/2012. (Attachments: #1 Proposed Order Proposed Order)(Herms, Curtis)
May 17, 2012 Filing 37 CERTIFICATE OF INTERESTED PARTIES by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed.(Herms, Curtis)
May 17, 2012 Filing 36 CERTIFICATE OF INTERESTED PARTIES by Berryhill Hot Tamales Corporation, filed.(Deffebach, Matthew)
May 4, 2012 Opinion or Order Filing 35 ORDER granting #30 Motion for Continuance Joint Discovery/Case Management Plan due by 5/21/2012 Initial Conference set for 5/29/2012 at 09:00 AM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
May 3, 2012 Filing 34 Opposed RESPONSE in Opposition to #30 Joint MOTION for Continuance of Rule 26 Deadlines, filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order Denying Motion)(Wilhite, Connie)
May 3, 2012 Filing 33 RESPONSE in Opposition to #30 Joint MOTION for Continuance of Rule 26 Deadlines, filed by Laura Baatz, Kimberly Kulig. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Shely, John)
May 3, 2012 Filing 32 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Wilhite, Connie)
May 3, 2012 Filing 31 NOTICE of Resetting. Parties notified. Initial Conference set for 5/16/2012 at 11:00 AM in Courtroom 9F before Judge Nancy F. Atlas, filed. (sashabranner, )
May 3, 2012 Filing 30 Joint MOTION for Continuance of Rule 26 Deadlines by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed. Motion Docket Date 5/24/2012. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order)(Herms, Curtis)
May 2, 2012 Filing 29 CERTIFICATE OF INTERESTED PARTIES by Laura Baatz, Kimberly Kulig, filed.(Shely, John)
May 2, 2012 Filing 28 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed. (Attachments: #1 Exhibit 1: Docket No. 10)(Wilhite, Connie)
April 23, 2012 Filing 27 SURREPLY to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Laura Baatz, Kimberly Kulig. (Shely, John)
April 20, 2012 Filing 26 SURREPLY to #8 MOTION to Dismiss #6 Intervenor Complaint and Supporting Brief MOTION to Dismiss #6 Intervenor Complaint and Supporting Brief, filed by Laura Baatz, Kimberly Kulig. (Shely, John)
April 20, 2012 Filing 25 REPLY in Support of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel. (Herms, Curtis)
April 17, 2012 Filing 24 REPLY to #18 Response in Opposition to Motion, to Motion to Dismiss, filed by Berryhill Hot Tamales Corporation. (Attachments: #1 Exhibit One)(Deffebach, Matthew)
April 13, 2012 Filing 23 RESPONSE in Opposition to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Laura Baatz, Kimberly Kulig. (Attachments: #1 Exhibit Letter of John B. Shely, #2 Proposed Order)(Shely, John)
April 12, 2012 Filing 22 REPLY to Response to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Simbaki, Ltd.. (Herms, Curtis)
April 12, 2012 Filing 21 Corrected APPENDIX re: #18 Response in Opposition to Motion, by Laura Baatz, Kimberly Kulig, filed. (Attachments: #1 Exhibit Affidavit, #2 Exhibit 1-A (Notice of Charge), #3 Exhibit 1-B (Notice of Charge), #4 Exhibit 1-C (Letter from Corporate Berryhill))(Shely, John)
April 12, 2012 Filing 20 NOTICE of Re-Filing Appendix to Intervenors' Brief in Opposition to Berryhill Hot Tamales Corporation's Motion to Dismiss by Laura Baatz, Kimberly Kulig, filed. (Shely, John)
April 11, 2012 Filing 19 PER ATTORNEY, THIS DOCUMENT FILED INCORRECTLY AND WILL REFILE. APPENDIX re: #18 Response in Opposition to Motion, by Laura Baatz, Kimberly Kulig, filed. (Attachments: #1 Exhibit 1 (Affidavit), #2 Exhibit 1-A (Notice of Charge), #3 Exhibit 1-B (Notice of Charge), #4 Exhibit 1-C (Letter from Corporate Berryhill))(Shely, John) Modified on 4/12/2012 (lfilmore, ).
April 11, 2012 Filing 18 RESPONSE in Opposition to #8 MOTION to Dismiss #6 Intervenor Complaint and Supporting Brief MOTION to Dismiss #6 Intervenor Complaint and Supporting Brief, filed by Laura Baatz, Kimberly Kulig. (Attachments: #1 Proposed Order)(Shely, John)
April 5, 2012 Filing 17 RESPONSE in Opposition to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Laura Baatz, Kimberly Kulig. (Shely, John)
April 3, 2012 Filing 16 SURREPLY to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Equal Employment Opportunity Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wilhite, Connie)
March 29, 2012 Filing 15 REPLY in Support of #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Simbaki, Ltd.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Herms, Curtis)
March 29, 2012 Opinion or Order Filing 14 ORDER granting #13 Motion for Leave to File.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
March 27, 2012 Filing 13 Unopposed MOTION for Leave to File First Amended Response to Defendant Simbaki, Ltd.'s Motion to Dismiss for Failure to State a Claim, or, In the Alternative Motion for Summary Judgment by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/17/2012. (Attachments: #1 Proposed Order Granting Leave, #2 Exhibit 1: Amended Response, #3 Exhibit 1-A: To Amended Response, #4 Exhibit B: To Amended Response, #5 Exhibit 1-C: To Amended Response (Proposed Order))(Wilhite, Connie)
March 23, 2012 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed. Motion Docket Date 4/13/2012. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Proposed Order)(Herms, Curtis)
March 22, 2012 Filing 11 RESPONSE in Opposition to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, filed by Equal Employment Opportunity Commission. (Attachments: #1 Appendix Table of Authorities, #2 Appendix Table of Contents, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order)(Wilhite, Connie)
March 22, 2012 Opinion or Order Filing 10 ORDER. Initial Conference Reset to 5/14/2012 at 12:30 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(arrivera, )
March 22, 2012 Filing 9 NOTICE of Resetting. Parties notified. Initial Conference set for 4/11/2012 at 11:30 AM in Courtroom 9F before Judge Nancy F. Atlas, filed. (sashabranner, )
March 21, 2012 Filing 8 MOTION to Dismiss #6 Intervenor Complaint and Supporting Brief by Berryhill Hot Tamales Corporation, filed. Motion Docket Date 4/11/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order Proposed Order)(Deffebach, Matthew)
March 2, 2012 Summons Issued as to Berryhill Hot Tamales Corporation, Simbaki, Ltd., Simbaki-I, Inc., Phillip J. Wattel, filed.(smurdock, )
March 1, 2012 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Simbaki, Ltd., filed. Motion Docket Date 3/22/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Herms, Curtis)
March 1, 2012 Filing 6 INTERVENOR COMPLAINT against All Defendants filed by Kimberly Kulig, Laura Baatz. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shely, John)
March 1, 2012 Opinion or Order Filing 5 ORDER granting #4 Motion for Leave to File.Laura Baatz and Kimberly Kulig are granted leave to intervene as plaintiffs in this case. Intervenors are directed to file the Intervenors Complaint, currently an exhibit to the Motion, as a separate docket entry.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )
February 28, 2012 Filing 4 Unopposed MOTION for Leave to File To Intervene And To Name Additional Responsible Parties by Laura Baatz, Kimberly Kulig, filed. Motion Docket Date 3/20/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Shely, John)
February 8, 2012 Filing 3 NOTICE of Resetting. Parties notified. Initial Conference set for 4/11/2012 at 02:30 PM in Courtroom 9F before Judge Nancy F. Atlas, filed. (sashabranner, )
January 27, 2012 Summons Issued as to Simbaki, Ltd., filed.(bdaniel, )
January 25, 2012 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/2/2012 at 01:30 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(aboyd)
January 24, 2012 Filing 1 COMPLAINT against Simbaki, Ltd. d/b/a Berryhill Baja Grill and Cantina filed by Equal Employment Opportunity Commission.(Wilhite, Connie)
January 24, 2012 Filing 1 COMPLAINT against Simbaki, Ltd. d/b/a Berryhill Baja Grill and Cantina filed by Equal Employment Opportunity Commission.(Wilhite, Connie)

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Search for this case: Equal Employment Opportunity Commission v. Simbaki, Ltd. d/b/a Berryhill Baja Grill and Cantina
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Defendant: Berryhill Hot Tamales Corporation doing business as Berryhill Baja Grill & Cantina also known as Corporate Berryhill
Represented By: Matthew Thomas Deffebach
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Defendant: Simbaki-I, Inc. doing business as Berryhill Baja Grill & Cantina
Represented By: Curtis Dean Herms, Jr
Represented By: Douglas A McAninch
Represented By: Pam Rea
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Defendant: Philip J Wattel
Represented By: Jill D Schein
Represented By: Curtis Dean Herms, Jr
Represented By: Nicholas E. Zito
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Defendant: Corporate Berryhill
Represented By: Matthew Thomas Deffebach
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Defendant: Simbaki, Ltd. doing business as Berryhill Baja Grill & Cantina
Represented By: Curtis Dean Herms, Jr
Represented By: Douglas A McAninch
Represented By: Pam Rea
Represented By: Calvin Braun
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Intervenor plaintiff: Laura Baatz
Represented By: John Bruce Shely
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Intervenor plaintiff: Kimberly Kulig
Represented By: John Bruce Shely
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Plaintiff: Equal Employment Opportunity Commission
Represented By: Connie Wilhite Gatlin
Represented By: Rodolfo Lucio Sustaita
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