Franks v. Tyhan Inc. d/b/a Auto Fix Unlimited et al
| Franks, Hayden Lee Franks, Nicholas Gonzalez, Vicente Maldonado, Marcus L Hopkins and Bert Seden |
| Tyhan Inc. d/b/a Auto Fix Unlimited, Tyhan Inc. doing business as Auto Fix Unlimited and Sam Sunny Zamir |
| 4:2015cv00191 |
| January 21, 2015 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Gray H Miller |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on October 17, 2016. A more recent docket listing may be available from PACER.
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Filing 43
Mail Returned Undeliverable as to Richard R. Brann re: #37 Order,, filed. (blacy, 4)
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Filing 42
Mail Returned Undeliverable (insufficient address) as to Richard R. Brann re: #41 Order of Dismissal, filed. (mperez, 1)
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Filing 41
CONDITIONAL ORDER OF DISMISSAL. Case terminated on 10/12/2016. Deadline to reinstate: within 30 days from the date of this order (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 40
Minute Entry for proceedings held before Magistrate Judge Dena Hanovice Palermo. SETTLEMENT CONFERENCE held on 10/11/2016. Parties reached settlement agreement. Record on file and under seal. Appearances: Curt Christopher Hesse, Michael Todd Howell.(ERO:P. Yebernetsky), filed.(cfelchak, 4)
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Filing 39
RESPONSE in Opposition to #32 MOTION to Exclude Evidence re: Inadequately or Unplead Affirmative Defenses, filed by Tyhan Inc., Sam Sunny Zamir. (Attachments: #1 Exhibit Unreported Cases Cited, #2 Exhibit Meal Time Evaluation, #3 Exhibit Plaintiffs Meal Time Evaluation)(Howell, Michael)
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Filing 38
AMENDED ORDER setting Final Pretrial Conference for 10/11/2016 at 01:30 PM in Courtroom 9D before Judge Gray H Miller, Jury Trial for 10/12/2016 at 10:00 AM in Courtroom 9D before Judge Gray H Miller.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 37
ORDER Mediation set for 10/11/2016 at 09:30 AM in Courtroom 702 before Magistrate Judge Dena Hanovice Palermo. Telephone Conference set for 10/6/2016 at 10:30 AM Chambers before Magistrate Judge Dena Hanovice Palermo. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4)
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Filing 36
ORDER referring this case to United States Magistrate Judge Dena H. Palermo for a settlement conference.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 35
Objections to plaintiff's Exhibit List by Tyhan Inc., Sam Sunny Zamir(Howell, Michael) Modified on 10/11/2016 (rkonieczny, 4).
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Filing 34
NOTICE Plaintiffs' Objections to Defendants' Trial Exhibits re: #30 Proposed Pretrial Order, by Hayden Lee Franks, Marcus L Hopkins, filed. (Moore, Melissa)
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Filing 33
AMENDED ORDER setting Final Pretrial Conference for 10/11/2016 at 10:00 AM in Courtroom 9D before Judge Gray H Miller, Jury Trial for 10/11/2016 at 01:00 PM in Courtroom 9D before Judge Gray H Miller.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 32
MOTION to Exclude Evidence re: Inadequately or Unplead Affirmative Defenses by Hayden Lee Franks, Marcus L Hopkins, filed. Motion Docket Date 10/13/2016. (Attachments: #1 Proposed Order)(Moore, Melissa)
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Filing 31
MOTION In Limine by Hayden Lee Franks, Nicholas Gonzalez, Marcus L Hopkins, Vicente Maldonado, Bert Seden, filed. Motion Docket Date 10/11/2016. (Moore, Melissa)
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Filing 30
Joint Proposed Pretrial Order by Hayden Lee Franks, Nicholas Gonzalez, Marcus L Hopkins, Vicente Maldonado, Bert Seden (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 8, #7 Exhibit Exhibit 9, #8 Exhibit Exhibit 11)(Moore, Melissa)
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Filing 29
ORDER Granting #28 Motion for Mark Temple to Withdraw as Attorney. Attorney Mark D Temple terminated.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 28
Unopposed MOTION for Mark D. Temple to Withdraw as Attorney by Tyhan Inc., Sam Sunny Zamir, filed. Motion Docket Date 9/16/2016. (Attachments: #1 Proposed Order)(Temple, Mark)
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Filing 27
ORDER setting Final Pretrial Conference for 10/3/2016 at 10:00 AM in Courtroom 9D before Judge Gray H Miller, Jury Trial for 10/3/2016 at 01:00 PM in Courtroom 9D before Judge Gray H Miller. Joint Pretrial Order due by 9/19/2016. Objections due by 9/26/2016.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 26
SUBMISSION of Mediator by Richard R. Brann (the claims of Vincente Maldonado have been settled. The claims of Hayden Franks and Marcus Hopkins are not settled), filed.(Brann, Richard) Modified on 5/25/2016 (rkonieczny, 4).
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Filing 25
SUBMISSION of Mediator by Richard R. Brann (The claims of Bert Seden and Nicholas Gonzalez are settled. The claims of Hayden Franks, Marcus Hopkins and Vincente Maldonado are not settled.), filed.(Brann, Richard) Modified on 5/12/2016 (rkonieczny, 4).
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Filing 24
MEMORANDUM,OPINION AND ORDER DENYING #16 MOTION for Partial Judgment on the Pleadings as to Certain Defenses, GRANTING #19 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Motion for Partial Judgment on the Pleadings as to Certain Defenses, GRANTING #21 MOTION for leave to file first amended answer. (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 23
Joint MOTION for Referral to ADR by Hayden Lee Franks, Nicholas Gonzalez, Marcus L Hopkins, Vicente Maldonado, Bert Seden, filed. Motion Docket Date 4/29/2016. (Moore, Melissa)
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Filing 22
REPLY in Support of #16 MOTION Motion for Partial Judgment on the Pleadings as to Certain Defenses, filed by Hayden Lee Franks, Nicholas Gonzalez, Marcus L Hopkins, Vicente Maldonado, Bert Seden. (Moore, Melissa)
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Filing 21
RESPONSE in Opposition to #16 MOTION Motion for Partial Judgment on the Pleadings as to Certain Defenses, and in the alternative, MOTION for leave to amend answer, filed by Tyhan Inc., Sam Sunny Zamir. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Temple, Mark) Modified on 4/15/2016 (rkonieczny, 4).
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Filing 20
DESIGNATION OF EXPERT WITNESS LIST by Hayden Lee Franks, Nicholas Gonzalez, Marcus L Hopkins, Vicente Maldonado, Bert Seden, filed.(Moore, Melissa)
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Filing 19
Unopposed MOTION for Extension of Time Respond to Plaintiffs' Motion for Partial Judgment on the Pleadings as to Certain Defenses by Tyhan Inc., Sam Sunny Zamir, filed. Motion Docket Date 1/11/2016. (Attachments: #1 Proposed Order)(Temple, Mark)
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Filing 18
NOTICE of Appearance by Carmen Jo Rejda-Ponce on behalf of Tyhan Inc., Sam Sunny Zamir, filed. (Temple, Mark)
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Filing 17
NOTICE of Appearance by Mark D. Temple on behalf of Tyhan Inc., Sam Sunny Zamir, filed. (Temple, Mark)
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Filing 16
MOTION Motion for Partial Judgment on the Pleadings as to Certain Defenses by Hayden Lee Franks, filed. Motion Docket Date 12/23/2015. (Attachments: #1 Proposed Order)(Moore, Melissa)
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Filing 15
SCHEDULING ORDER. ETT: 8 days. Jury trial. Amended Pleadings due by 11/6/2015. Joinder of Parties due by 11/6/2015 Pltf Expert Report due by 1/8/2016. Deft Expert Report due by 2/22/2016. Discovery due by 3/31/2016. Mediation due by 3/1/2016. Dispositive Motion Filing due by 4/29/2016. Non-Dispositive Motion Filing due by 4/29/2016. Objections due by 8/19/2016 Joint Pretrial Order due by 8/12/2016. Docket Call set for 8/26/2016 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
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Filing 14
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Hayden Lee Franks, Nicholas Gonzalez, Marcus L Hopkins, Vicente Maldonado, Bert Seden, filed.(Moore, Melissa)
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Filing 13
CERTIFICATE OF INTERESTED PARTIES by Tyhan Inc., filed.(Howell, Michael)
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Filing 12
ANSWER to #1 Complaint with Jury Demand by Tyhan Inc., Sam Sunny Zamir, filed.(Howell, Michael)
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Filing 11
CERTIFICATE OF INTERESTED PARTIES by Hayden Lee Franks, filed.(Moore, Melissa)
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Filing 10
WAIVER OF SERVICE Returned Executed as to All Defendants, filed.(Moore, Melissa)
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Filing 9
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 5/29/2015 (Signed by Judge Gray H. Miller) Parties notified.(jdavadi, 4)
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Filing 8
NOTICE of Appearance by Curt Hesse on behalf of Hayden Lee Franks, Nicholas Gonzalez, Marcus L Hopkins, Vicente Maldonado, Bert Seden, filed. (Hesse, Curt)
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Filing 7
NOTICE of Consent to Become Party Plaintiff by Bert Seden, filed. (Moore, Melissa)
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Filing 6
NOTICE of Consent to Become Party Plaintiff by Marcus L Hopkins, filed. (Moore, Melissa)
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Filing 5
NOTICE of Consent to Become Party Plaintiff by Vicente Maldonado, filed. (Moore, Melissa)
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Filing 4
NOTICE of Consent to Become Party Plaintiff by Nicholas Gonzalez, filed. (Moore, Melissa)
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Filing 3
NOTICE of Consent to Become Party Plaintiff by Hayden Lee Franks, filed. (Moore, Melissa)
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Filing 2
NOTICE of Appearance by Melissa Moore on behalf of Hayden Lee Franks, filed. (Moore, Melissa)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-14326874) filed by Hayden Lee Franks. (Attachments: #1 Civil Cover Sheet)(Moore, Melissa)
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