Badaiki v. Cameron International Corporation
| Badaiki J Fidelis and Fidelis J. Badaiki |
| Cameron International Corporation and Schlumberger Company |
| 4:2019cv00371 |
| February 4, 2019 |
| US District Court for the Southern District of Texas |
| Charles Eskridge |
| Andrew S Hanen |
| Sam S Sheldon |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 159 Transmittal Letter on Appeal re: #152 Notice of Appeal - Amended, #115 Notice of Appeal. The electronic record on CD is being sent to Fidelis J. Badaiki via regular mail. (USCA No. 21-20628), filed. (DorinaReyna, 1) |
| Electronic Access to Record on Appeal Provided re: #152 Notice of Appeal - Amended, #115 Notice of Appeal to Brandon Duke. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 21-20628), filed.(DorinaReyna, 1) |
| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #115 Notice of Appeal USCA No. 21-20628, filed.(DorinaReyna, 1) |
| Filing 158 Notice of Non-Compliance. Appellant has failed to: Pay the notice of appeal filing fee. Parties notified, filed. (DorinaReyna, 1) |
Filing 157
ORDER re: The motions for relief from judgment are DENIED. Badaiki I at Dkt 155; Badaiki II at Dkt 157. The time for proceedings before this Court are at an end. Badaiki is ADMONISHED that any further relief must be sought from the Fifth Circuit Court of Appeals on appellate review, if still available. Any further motions filed by Badaiki on these dockets will be summarily denied.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Notice of Assignment of USCA No. 21-20628 re: #152 Notice of Appeal - Amended, filed.(jtabares, 1) |
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Filing 156
Order of USCA re: #115 Notice of Appeal ; USCA No. 21-20628. The court has granted appellant's motion to reinstate the appeal. Appeal reinstated, filed.(EdnitaPonce, 1)
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| Filing 155 MOTION for Relief from JudgmentMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 6/28/2022. (JosephWells, 4) |
| Filing 154 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #152 Notice of Appeal - Amended. Fee status: Not Paid. Reporter(s): ERO, filed. (Attachments: #1 Amended Notice of Appeal) (jtabares, 1) |
| Appeal Review Notes re: #152 Notice of Appeal - Amended. Fee status: Not Paid. The appeal filing fee has not been paid, and appellant is a pro se litigant.Hearings were held in the case - One (1) transcript was produced. Pending the filing of appeal transcript #153 Show Cause Hearing held on 5/9/22, filed.(jtabares, 1) |
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Filing 153
DKT13 TRANSCRIPT ORDER REQUEST by Fidelis Johnson Badaiki. This is to order a transcript of May 9, 2022 Show Cause Hearing before Judge Charles Eskridge. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (RachelWillborg, 4) Unable to complete order as Motion to Proceed In Forma Pauperis was denied by Judge Eskridge, #148. Modified on 6/7/2022 (RachelWillborg, 4).
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| Filing 152 Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #150 Final Judgment by Fidelis J. Badaiki, filed.(gkelner, 4) |
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Filing 151
Order of USCA re: #115 Notice of Appeal ; USCA No. 21-20628. The appeal is dismissed as of May 24, 2022 for want of prosecution, filed.(DahlilaRodriguez, 1)
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| Filing 150 FINAL JUDGMENT (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
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Filing 149
ORDER OF DISMISSAL. These actions are DISMISSED WITH PREJUDICE pursuant to the binding settlement agreement. A final judgment will enter separately. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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Filing 148
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS denying #117 Motion for Leave to Proceed in forma pauperis.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 144 AO 435 TRANSCRIPT REQUEST by Carol Abing for Transcript of Show Cause held on 5/9/2022 before Judge Eskridge. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (thanniable, 4) Electronically forwarded to Veritext Legal Solutions on 05/10/2022. Estimated completion date: 05/17/2022. Modified on 5/10/2022 (SashaOzuna, 2). |
| Filing 147 Hearing EXHIBITS by Fidelis J. Badaiki, filed. (Attachments: #1 Exhibit 21, #2 Exhibit 22)(jengonzalez, 4) |
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Filing 146
***FILED IN ERROR - DUPLICATE ENTRY***MINUTE ENTRY and ORDER: MINUTE ENTRY and ORDER: Minute entry for proceedings before Judge Charles Eskridge on May 9, 2022. SHOW CAUSE HEARING. Plaintiff Fidelis J. Badaiki proceeding pro se. Defendants represented by counsel. Badaiki raised the issue of his speech impediment. The Court discerned no difficulty in understanding Badaiki. The court reporter was ORDERED to advise if she couldn't hear him or understand what he was saying. Badaiki raised his previously docketed motions to dismiss without prejudice for lack of subject matter jurisdiction. Badaiki I, 4:19-cv-00371 (SD Tex) at Dkt 126; Badaiki II, 4:20-cv-02216 (SD Tex) at Dkt 125. Those motions were DENIED for the reasons stated on the record. Badaiki orally moved to compel Counsel for Defendants to show his authority to represent Defendants. Upon inquiry, the Court FOUND that Counsel for Defendants had full authority to act on behalf of all properly served Defendants. The motion was DENIED for the reasons stated on the record. Badaiki orally moved for reconsideration of the order quashing the subpoena issued to Defendant Nathan Cooper. See Badaiki II at Dkt 148. That motion was DENIED for the reasons stated on the record. Generously construed, Badaiki orally moved to amend his complaints to include alleged WARN Act claims. See 29 USC 2101, et seq. Exhibits submitted by Badaiki in this regard will be docketed. The motion was DENIED for the reasons stated on the record. The Court addressed the notices of settlement. Badaiki I at Dkts 128 & 131; Badaiki II at Dkts 127 & 128. Exhibits submitted by Badaiki in this regard will be docketed. The Court FOUND that the parties reached an agreement as to settlement for the reasons stated on the record. See Badaiki I at Dkt 135-1; Badaiki II at Dkt 139-1. Separate order will follow in this respect. Badaiki was advised that he wasn't precluded from pursuing an appeal of this day's rulings. But upon oral request by Defendants, he was admonished that pursuit of any such appeal might itself breach the settlement agreement between the parties. Defendants were advised that they werent precluded from seeking in good faith any available relief should an appeal be taken. No substantive ruling was made in this regard. Appearances: Fidelis Badaiki, Pro Se; James Nye f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) Modified on 5/16/2022 (jengonzalez, 4).
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Filing 145
MINUTE ENTRY and ORDER: Minute entry for proceedings before Judge Charles Eskridge on May 9, 2022. SHOW CAUSE HEARING. Plaintiff Fidelis J. Badaiki proceeding pro se. Defendants represented by counsel.Badaiki raised the issue of his speech impediment. The Court discerned no difficulty in understanding Badaiki. The court reporter was ORDERED to advise if she couldnt hear him or understand what he was saying. Badaiki raised his previously docketed motions to dismiss without prejudice for lack of subject matter jurisdiction. Badaiki I, 4:19-cv-00371 (SD Tex) at Dkt 126; Badaiki II, 4:20-cv-02216 (SD Tex) at Dkt 125. Those motions were DENIED for the reasons stated on the record. Badaiki orally moved to compel Counsel for Defendants to show his authority to represent Defendants. Upon inquiry, the Court FOUND that Counsel for Defendants had full authority to act on behalf of all properly served Defendants. The motion was DENIED for the reasons stated on the record. Badaiki orally moved for reconsideration of the order quashing the subpoena issued to Defendant Nathan Cooper. See Badaiki II at Dkt 148. That motion was DENIED for the reasons stated on the record. Generously construed, Badaiki orally moved to amend his complaints to include alleged WARN Act claims. See 29 USC 2101, et seq. Exhibits submitted by Badaiki in this regard will be docketed. The motion was DENIED for the reasons stated on the record. The Court addressed the notices of settlement. Badaiki I at Dkts 128 & 131; Badaiki II at Dkts 127 & 128. Exhibits submitted by Badaiki in this regard will be docketed. The Court FOUND that the parties reached an agreement as to settlement for the reasons stated on the record. See Badaiki I at Dkt 135-1; Badaiki II at Dkt 139-1. Separate order will follow in this respect. Badaiki was advised that he wasnt precluded from pursuing an appeal of this day's rulings. But upon oral request by Defendants, he was admonished that pursuit of any such appeal might itself breach the settlement agreement between the parties. Defendants were advised that they werent precluded from seeking in good faith any available relief should an appeal be taken. No substantive ruling was made in this regard. Appearances: Fidelis Badaiki, Pro Se; James Nye f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 143 RESPONSE TO ORDER TO SHOW CAUSE, filed by Fidelis J. Badaiki. (gkelner, 4) |
| Filing 142 NOTICE of subpoena by Fidelis J. Badaiki, filed. (ckrus, 4) |
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Filing 141
ORDER re: Plaintiff Fidelis J. Badaiki suggests by email to the Case Manager that he cant appear in person for hearing due to a risk of serious complications from COVID-19. Dkt 140. Nothing verifies this assertion. And Plaintiffs representations in this action have at times proven to be both harassing and unreliable.The Court will permit appearance by video conference upon presentation of a doctors order or certificate stating that Plaintiff cant reasonably appear in person for a court setting where adequate social distancing can be provided. Absent such proof, the hearing will proceed in person as scheduled. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 140 Letter from Fidelis Badaiki re: remote appearance, filed. (jengonzalez, 4) |
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Filing 139
ORDER denying #138 MOTION for Continuance of Status Conference MOTION Interpreter. A failure to appear in person by Badaiki will be cause for dismissal of his claims. The motion by Badaiki to appoint an interpreter is DENIED. Dkt 138. ( Status Conference set for 5/9/2022 at 02:30 PM in Courtroom 8B before Judge Charles Eskridge)(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 138 MOTION for Continuance of Status Conference and MOTION for Interpreter( Motion Docket Date 5/24/2022.)Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. (jengonzalez, 4) |
| Filing 137 NOTICE of Resetting. Parties notified. Show Cause Hearing set for 5/3/2022 at 02:30 PM in Courtroom 8B before Judge Charles Eskridge, filed. (jengonzalez, 4) |
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Filing 136
ORDER re: Show Cause Hearing set for 4/29/2022 at 02:30 PM in Courtroom 8B before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 135 NOTICE of Plaintiff's Non-Compliance with Court Order re: #134 Order, by Cameron International Corporation, 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)(Nye, James) |
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Filing 134
ORDER re: The parties are ORDERED to file papers by April 18th dismissing this action on the settlement terms that have already been reached. The parties will otherwise be ordered to appear at hearing to show cause as to why one or both shouldnt be visited with heavy sanctions for abusing this Courts process by continuing this litigation in bad faith.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Appeal Remark re: #115 Notice of Appeal. (USCA No. 21-20628), filed. **Fifth Circuit awaiting D.C. action in re: #125 .(dnoriega, 1) |
| Filing 133 Objection to #132 Order on Motion to Stay, filed by Fidelis J. Badaiki. (SamanthaWarda, 4) |
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Filing 132
ORDER granting #131 Motion to Stay.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 131 MOTION to Stay & Notice of Settlement Motions referred to Sam S Sheldon. by Cameron International Corporation, filed. Motion Docket Date 1/25/2022. (Attachments: #1 Proposed Order)(Nye, James) |
| Filing 130 OBJECTION to #125 Memorandum and Recommendations, filed by Fidelis J. Badaiki. (SamanthaWarda, 4) |
| Filing 129 RESPONSE to #119 MOTION for Attorney Fees, filed by Fidelis J. Badaiki. (Attachments: #1, #2)(SamanthaWarda, 4) |
| Filing 128 Plaintiff's NOTICE of Settlement by Fidelis J. Badaiki, filed. (olindor, 4) |
| Filing 127 RESPONSE in Opposition to #121 MOTION for New Trial MOTION to Alter Judgment, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Nye, James) |
| Filing 126 Plaintiff's Suggestion of Mootness and MOTION to Amend Judgment FRCP Rule 59 pursuant to Mootness lack of Jurisdiction because there is no Case - or - Controversy required by Article IIIMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 1/12/2022. (olindor, 4) |
| Filing 125 MEMORANDUM AND RECOMMENDATION re #117 MOTION/APPLICATION to Proceed In Forma Pauperis Objections to M&R due by 1/3/2022(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) |
| Filing 124 DKT13 TRANSCRIPT ORDER REQUEST by Fidelis Badaiki. Transcript is already on file in Clerks office regarding 01/22/2021, Magistrate Judge Sam Sheldon. (No transcript is needed). Court Reporter/Transcriber: Veritext Legal Solutions. This order form relates to the following: #76 Transcript, filed.(RachelSalazar, 4) |
| Filing 123 DKT13 TRANSCRIPT ORDER REQUEST by Fidelis Badaiki. Transcript is unnecessary for appeal purposes This order form relates to the following: #115 Notice of Appeal, filed.(RachelSalazar, 4) |
| Filing 122 MOTION for DiscoveryMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 1/5/2022. (RachelSalazar, 4) |
| Filing 121 MOTION for New Trial( Motion Docket Date 1/5/2022.), MOTION to Alter Judgment, MOTION pursuant to FRCP 72(b)(3) to receive further evidence, MOTION to offer proof pursuant to evidence FRE 103(a)(2); Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. (rkonieczny, 4) |
| Filing 120 Notice of Non-Compliance. Appellant has failed to: Submit the DKT13 transcript order form. Parties notified, filed. (Attachments: #1 DKT 13) (scastillo, 1) |
| MOTIONS REFERRED to Judge Judge Sam Sheldon: #119 MOTION for Attorney Fees. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
| Filing 119 MOTION for Attorney FeesMotions referred to Sam S Sheldon. by Cameron International Corporation, filed. Motion Docket Date 1/3/2022. (Attachments: #1 Affidavit of James H. Nye, #2 Proposed Order)(Nye, James) |
| Filing 118 NOTICE of Appearance by Brandon W. Duke on behalf of Cameron International Corporation, filed. (Duke, Brandon) |
| Notice of Assignment of USCA No. 21-20628 re: #115 Notice of Appeal, filed.(rnieto, 1) |
| Filing 117 MOTION for Leave to Proceed In Forma Pauperis Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 12/22/2021. (BrendaLacy, 4) |
| Filing 116 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #115 Notice of Appeal. Fee status: Not Paid. Reporter(s): ERO, filed. (Attachments: #1 Notice of Appeal) (mperez, 1) |
| Appeal Review Notes re: #115 Notice of Appeal. Fee status: Not Paid. The appeal filing fee has not been paid, and appellant is a pro se litigant.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(mperez, 1) |
| Filing 115 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #113 Order Adopting Memorandum and Recommendations,, #114 Final Judgment by Fidelis J. Badaiki, filed.(jguajardo, 4) |
| Filing 114 FINAL JUDGMENT. Case terminated on 11/26/2021.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) |
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Filing 113
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: The Memorandum and Recommendation by the Magistrate Judge is ADOPTED as the Memorandum andOrder of this Court. Dkt 96. The objections by Plaintiff Fidelis J. Badaiki areOVERRULED. Dkt 104. The motion by Defendant Cameron International Corporation for summary judgment is GRANTED. Dkt 40. The motion by Badaiki for leave to file audio files in support of his case is DENIED. Dkt 46. The motion by Badaiki for summary judgment is DENIED. Dkt 90. The claims asserted by Badaiki against Cameron are DISMISSED WITH PREJUDICE. Any other motions are DENIED AS MOOT. This case is CLOSED. A final judgment will issue separately. SO ORDERED.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 112 REPLY to Response to #100 MOTION to Compel the defendant to produce detail modification metadata and detail revision history, filed by Fidelis J. Badaiki. (ckrus, 4) |
| Filing 111 REPLY to Response to #101 MOTION to play audio recordings Micro SD card exhibit, filed by Fidelis J. Badaiki. (ckrus, 4) |
| Filing 110 RESPONSE in Opposition to #101 MOTION, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Nye, James) |
| Filing 109 RESPONSE in Opposition to #100 MOTION to Compel, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Nye, James) |
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Filing 108
ORDER denying #62 Motion in Limine. It may be resubmitted if necessary with pretrial filings at any appropriate future time.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 107 REPLY to #106 Objection to #97 Magistrates order denying plaintiffs motion to compel mediation pursuant to Judge Eskridges local rule 17(c). local rule 32(a) local rule 32(b), filed by Fidelis J. Badaiki. (ckrus, 4) |
| Filing 106 RESPONSE to #98 Objections to Court's Minute Entry Order, filed by Cameron International Corporation. (Nye, James) |
| Filing 105 DECLARATION of Fidelis Johnson Badaiki to Authenticate Additional Exhibit Evidence, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(thanniable, 4) |
| Filing 104 OBJECTIONS to #96 Memorandum and Recommendations, filed by Fidelis J. Badaiki. (MelissaMorgan, 4) (Main Document 104 replaced on 9/24/2021) (MelissaMorgan, 4). (Main Document 104 replaced on 9/24/2021) (MelissaMorgan, 4). |
| Filing 103 DECLARATION of Fidelis Johnson Badaiki in Opposition to the Declaration of Banjamin D. Williams Deposition dispute as Summary Judgment Evidence (ECF DKT 40-2), filed.(MelissaMorgan, 4) |
| Filing 102 DECLARATION of Fidelis Johnson Badaiki to Authenticate Audio Recording exhibit evidence and other submitted exhibits of summary judgment evidence [Dkt 46, Dkt 47, Dkt 52] Pursuant to FRCP 56(e)(1), filed.(thanniable, 4) |
| Filing 101 MOTION to Play the Audio Recordings Micro SD Card exhibit for the Court Judge to listen to, summary Judgment evidence [ECF Dkt 46, Dkt 47, Dkt 52] Pursuant to FRCP 56(e)(1)Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 10/12/2021. (thanniable, 4) |
| Filing 100 MOTION to Compel the Defendant to produce the Detail Modification Metadata and Detail Revision history of exactly when Fidelia Badaiki was included or Modified in the ranking Table Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 10/12/2021. (thanniable, 4) |
| Filing 99 MOTION to the Court to set Trial SettingMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 10/1/2021. (This is a duplicate pdf of entry #98 and was docketed for case management purposes)(thanniable, 4) |
| Filing 98 OBJECTIONS to #97 Order on Motion to Compel,, filed by Fidelis J. Badaiki. (thanniable, 4) |
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Filing 97
ORDER:On August 24, 2021, Plaintiff filed a Motion to Compel Mediation. (Dkt. No. 95.) The Court previously held a hearing on this issue and found mediation would be futile. (Dkt. No. 72.) The circumstances have not changed. Plaintiff's Motion to Compel Mediation is DENIED. (Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 96 MEMORANDUM AND RECOMMENDATION re #40 MOTION for Summary Judgment , #90 MOTION for Summary Judgment, #46 MOTION for Leave to File Exhibit Objections to M&R due by 9/22/2021(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) |
| Filing 95 MOTION to Compel Mediation Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 9/14/2021. (MelissaMorgan, 4) Modified on 8/24/2021 (MelissaMorgan, 4). |
| Filing 94 RESPONSE to #92 Plaintiff's Reply to Motion Summary Judgement FRCP 56 or Alternatively Leave of Court Motion for Summary Judgment FRCP 56 or Alternatively Motion for Judgment on partial findings under FRCP 52(c) because of ESI Metadata of defendant's exhibit., filed by Fidelis J. Badaiki. (MarySanchez, 3) |
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Filing 93
Order of USCA Per Curiam. (USCA No. 21-20040). The petition for a writ of mandamus is DISMISSED as frivolous. The motions for leave to proceed IFP and to stay district court proceedings until the mandamus petition has been resolved are DENIED as moot, filed.(jtabares, 1)
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| Filing 92 RESPONSE in Opposition to #90 MOTION for Summary Judgment, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Nye, James) |
| Filing 91 DECLARATION of Fidelis Johnson Badaiki re: #90 MOTION for Summary Judgment, filed.(thanniable, 4) |
| Filing 90 MOTION for Summary Judgment FRCP 56 or Alternatively Leave of Court Motion for Summary Judgment FRCP 56 or Alternatively Motion for Judgment on partial findings under FRCP 52(c) because of ESI Metadata of defendant's exhibitMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 7/1/2021. (thanniable, 4) |
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Filing 89
MINUTE ENTRY ORDER: The Court held a conference on May 26, 2021 to address various pending motions in this case and in Plaintiffs related case, 20-cv-2216. As described on the record, Plaintiffs Motion to Compel ESI Metadata (Dkt. No. 65) is GRANTED IN PART AND DENIED IN PART. Defendants shall produce the native file of the ranking table spreadsheet described in paragraph 3 of Plaintiffs Reply (Dkt. No. 80) by Thursday, June 3, 2021. All other requests in Plaintiffs Motion to Compel are DENIED. The Court shall issue a separate Memorandum and Recommendation on Plaintiffs Motion to Stay (Dkt. No. 70) and Motion to Appeal In Forma Pauperis (Dkt. No. 74), recommending DENIAL of both motions. Appearances: Fidelis J. Badaiki, James Hunter Nye. Ct Reporter: ERO. Digital Number: 3:45-3:50PM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 88 MEMORANDUM AND RECOMMENDATION re #70 MOTION to Stay, #74 MOTION/APPLICATION to Proceed In Forma Pauperis Objections to M&R due by 6/9/2021(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) |
| Filing 87 NOTICE of Appearance by Caitlin E. Gernert on behalf of Cameron International Corporation, filed. (Nye, James) |
| Filing 86 NOTICE of Setting re: #70 MOTION to Stay, #65 MOTION Leave of Court Compel Defendant to Include the ESI Metadata, #74 MOTION/APPLICATION to Proceed In Forma Pauperis. Parties notified. Motion Hearing set for 5/26/2021 at 03:30 PM in by video before Magistrate Judge Sam S Sheldon, filed. (sjones, 4) |
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Filing 85
ORDER granting #84 Motion to Withdraw as Attorney.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 84 MOTION for Benjamin D. Williams to Withdraw as AttorneyMotions referred to Sam S Sheldon. by Cameron International Corporation, filed. Motion Docket Date 3/30/2021. (Attachments: #1 Proposed Order)(Williams, Benjamin) |
| Filing 83 NOTICE of Designation of Change of Attorney-In-Charge by Cameron International Corporation, filed. (Williams, Benjamin) |
| Filing 82 REPLY to #81 Response in Opposition to Motion, filed by Fidelis J. Badaiki. (mmapps, 4) |
| Filing 81 RESPONSE in Opposition to #74 MOTION/APPLICATION to Proceed In Forma Pauperis, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Williams, Benjamin) |
| Filing 80 MOTION to Compel Defendant to Include the ESI MetadataMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 3/12/2021. (mmapps, 4) |
| Filing 79 RESPONSE in Opposition to #70 MOTION to Stay, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Williams, Benjamin) |
| Filing 78 RESPONSE in Opposition to #65 MOTION Leave of Court Compel Defendant to Include the ESI Metadata, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Williams, Benjamin) |
| Filing 77 Notice of Filing of Official Transcript as to #76 Transcript. Party notified, filed. (olindor, 4) |
| Filing 76 TRANSCRIPT re: motion hearing held on 1/22/21 before Magistrate Judge Sam S Sheldon. Court Reporter/Transcriber Veritext. Ordering Party Ben Williams Release of Transcript Restriction set for 5/10/2021., filed. (VeritextLegalSolutions, ) |
| Filing 75 PROOF OF SERVICE of #71 MOTION by Fidelis J. Badaiki, filed.(mmapps, 4) |
| Filing 74 MOTION/APPLICATION to Proceed In Forma PauperisMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 2/23/2021. (mmapps, 4) |
| Filing 73 ENTRY MADE IN ERROR. Modified on 1/27/2021 (sjones, 4). |
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Filing 72
MINUTE ENTRY ORDER: The Court held a hearing on Jan. 22, 2021, on #50 Plaintiff's request for the Courts guidance on how to proceed with mediation. For the reasons stated in the attached Order, the Court DENIES the request. The Court hereby VACATES the mediation deadline in the Scheduling Order (Dkt. No. #21 ) and DENIES Plaintiffs request to compel mediation (Dkt. No. #50 ) Appearances: Fidelis J. Badaiki, James Hunter Nye, Benjamin David Williams. Ct Reporter: ERO. Digital Number: 1:59-2:37PM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Main Document 72 replaced on 1/27/2021) (sjones, 4). (Main Document 72 replaced on 1/27/2021) (sjones, 4).
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| Mediation deadline is VACATED per Order #72 . (sjones, 4) Modified on 1/27/2021 (sjones, 4). |
| Filing 71 PETITION for Writ of MandamusMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 2/16/2021. (Attachments: #1 Exhibit)(mmapps, 4) |
| Filing 70 MOTION to Stay Proceedings Pending Mandamus of United States District Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 2/16/2021. (mmapps, 4) |
| Filing 69 PLAINTIFF'S OBJECTIONS to #62 MOTION In Limine filed by Fidelis J. Badaiki. (scastillo, 1) |
| Filing 68 OBJECTIONS to #64 Document, Trial exhibit list, filed by Fidelis J. Badaiki. (mmapps, 4) |
| Filing 67 AO 435 TRANSCRIPT REQUEST by Defendant/Benjamin Williams for Transcript of Motion Hearing on 1/22/2021 before Judge Sheldon. 14-Day turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Williams, Benjamin) Electronically forwarded to Veritext Legal Solutions on 1-25-2021. Estimated completion date: 2-10-2021. Modified on 1/25/2021 (MelissaMorgan, 4). |
| Filing 66 RESPONSE to #64 Document,, filed by Fidelis J. Badaiki. (Attachments: #1 Exhibit, #2 Exhibit)(hlerma, 4) |
| Filing 65 MOTION Leave of Court Compel Defendant to Include the ESI MetadataMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 2/12/2021. (mmapps, 4) |
| Filing 64 Defendant's Letter Objecting to Plaintiff's Joint Pretrial Order by Cameron International Corporation, filed. (Attachments: #1 Exhibit A 2021.01.18 Nye Email to Badaiki, #2 Exhibit B 2021.01.18 Badaiki Response to Nye)(Williams, Benjamin) |
| Filing 63 Proposed Pretrial Order by Fidelis J. Badaiki (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(mmapps, 4) |
| Filing 62 MOTION In Limine and Standard Order in Limine Motions referred to Sam S Sheldon. by Cameron International Corporation, filed. Motion Docket Date 2/8/2021. (Williams, Benjamin) |
| Filing 61 Proposed Pretrial Order by Cameron International Corporation (Attachments: #1 Defendant's Exhibit List, #2 Defendant's Witness List, #3 Defendant's Proposed Jury Topics, #4 Defendant's Proposed Jury Charge)(Williams, Benjamin) |
| Filing 60 Defendant's Filing Transmittal Letter by Cameron International Corporation, filed.(Williams, Benjamin) |
| Filing 59 NOTICE of Designation of Change of Attorney-in-Charge by Cameron International Corporation, filed. (Tanner, Hugh) |
| Filing 58 NOTICE of Appearance by James H. Nye on behalf of Cameron International Corporation, filed. (Tanner, Hugh) |
| Filing 57 NOTICE of Setting as to #50 MOTION Plaintiff Request for the Court Guidance on how to proceed with upcoming Federal Court Mandatory Mediation. Parties notified. Motion Hearing set for 1/22/2021 at 02:00 PM in by video before Magistrate Judge Sam S Sheldon, filed. (sjones, 4) |
| Filing 56 Plaintiff's REPLY to REQUEST for the Court's guidance on how to proceed with the upcoming Federal Court Mandatory MEDIATION, filed by Fidelis J. Badaiki. (jdav, 4) |
| Filing 55 RESPONSE in Opposition to #50 MOTION Plaintiff Request for the Court Guidance on how to proceed with upcoming Federal Court Mandatory Mediation, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Tanner, Hugh) |
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Filing 54
ORDER: On December 16, 2020, Plaintiff filed an amended motion for leave to file sur-reply to Defendants' pending summary judgment motion Dkt. No. #52 Defendants oppose the request Dkt. No. #53 . Given Plaintiff's pro se status, the Court grants the motion. The Court will not accept any additional filings from either party relating to Defendants' motion for summary judgment, absent extenuating circumstances. Plaintiff's previously-filed motion for leave to file sur-reply Dkt. No. #49 is denied as moot.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 53 RESPONSE in Opposition to #52 MOTION for Leave to File MOTION for Leave to File Plaintiff's Sur-Reply and Motion for leave of Court to file Sur-Reply to Defendants Motion for Summary Judgment, #49 MOTION for Leave to File Plaintiff's Sur-Reply and Motion for leave of Court to file Sur-Reply to Defendnat's Motion for Summary Judgment, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Tanner, Hugh) |
| Filing 52 Plaintiff's Amended Sur-Reply and Motion for leave of Court to file Sur-Reply to Defendants Motion for Summary JudgmentMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 1/6/2021. (Attachments: #1 Exhibits)(JessicaVillarreal, 3) |
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Filing 51
ORDER granting #38 Motion to Seal.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 50 Plaintiff's request for the Court guidance on how to proceed with upcoming Federal Court Mandatory MediationMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 12/29/2020. (Attachments: #1 Exhibit)(rcastro, 4) |
| Filing 49 Plaintiff's Sur-Reply and Motion for leave of Court to file Sur-Reply to Defendnat's Motion for Summary Judgment. Motions referred to Sam S Sheldon by Fidelis J. Badaiki, filed. Motion Docket Date 12/28/2020. (scastillo, 1) |
| Filing 48 REPLY in Support of #40 MOTION for Summary Judgment , filed by Cameron International Corporation. (Attachments: #1 Ex A - 2020.09.14 Williams Ltr to Court)(Tanner, Hugh) |
| Filing 47 EXHIBIT(SD card) in Brown Expandable Folder re: #46 MOTION for Leave to File Exhibit by Fidelis J. Badaiki, filed.(rcastro, 4) |
| Filing 46 Plaintiff's MOTION for Leave to File Exhibit, Motions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 12/14/2020. (rcastro, 4) |
| Filing 45 Duplicate of #44 - RESPONSE to #40 MOTION for Summary Judgment filed by Fidelis J. Badaiki. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(mmapps, 4) Modified on 11/23/2020 (hlerma, 4). |
| Filing 44 RESPONSE to #40 MOTION for Summary Judgment filed by Fidelis J. Badaiki. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(hlerma, 4) |
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Filing 43
ORDER denying #35 Motion, #36 Motion.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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Filing 42
ORDER denying #41 Motion to Show Authority.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 41 MOTION to Show Authority and FRCP 17(b) MotionMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 12/3/2020. (mmapps, 4) |
| Filing 40 MOTION for Summary Judgment Motions referred to Sam S Sheldon. by Cameron International Corporation, filed. Motion Docket Date 11/23/2020. (Attachments: #1 Declaration of Adam Nightingale, #2 Declaration of Benjamin D. Williams in Support of Defendant's Motion for Summary Judgment, #3 Proposed Order)(Tanner, Hugh) |
| Filing 39 SEALED EXHIBITS A-K re: #38 MOTION to Seal Exhibits A-K to the Declaration of Adam Nightingale by Cameron International Corporation, filed. (Tanner, Hugh) |
| Filing 38 MOTION to Seal Exhibits A-K to the Declaration of Adam NightingaleMotions referred to Sam S Sheldon. by Cameron International Corporation, filed. Motion Docket Date 11/23/2020. (Attachments: #1 Exhibit Exhibits A-K to Declaration of Adam Nightingale, #2 Proposed Order)(Tanner, Hugh) |
| Filing 37 REPLY to #36 Response to Motion, filed by Fidelis J. Badaiki. (mmapps, 4) |
| Filing 36 RESPONSE to #35 MOTION filed by Cameron International Corporation. (Tanner, Hugh) |
| Filing 35 MOTION for Court Appointed Deposition oaths and Testimony Administer and Request for Leave of Court to DeposeMotions referred to Sam S Sheldon. by Fidelis J. Badaiki, filed. Motion Docket Date 9/29/2020. (mmapps, 4) |
| Filing 34 RESPONSE in Opposition to #32 Opposed MOTION to Consolidate Lead Case No. 4:19-cv-00371 and Member Case No. 4:20-cv-02216, filed by Fidelis J. Badaiki. (Attachments: #1 Proposed Order)(JenniferOlson, 4) |
| Filing 33 NON-CONSENT to Proceed Before a Magistrate Judge by Fidelis J. Badaiki, filed.(hlerma, 4) |
| Filing 32 Opposed MOTION to Consolidate Lead Case No. 4:19-cv-00371 and Member Case No. 4:20-cv-02216Motions referred to Sam S Sheldon. by Cameron International Corporation, filed. Motion Docket Date 8/10/2020. (Attachments: #1 Affidavit Declaration of Benjamin D. Williams in support of Motion to Consolidate, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Williams, Benjamin) |
| MINUTE ENTRY re: The Court has reviewed #27 Plaintiffs motion for reconsideration of #25 this Court's prior order. The motion is DENIED., filed. (jengonzalez, 4) |
| ***Case referred to Magistrate Judge Sam S Sheldon. Case no longer referred to Magistrate Judge Nancy K Johnson. (ltien, 4) |
| Filing 31 REPLY to #25 Order Referring Case to Magistrate Judge,, Add and Terminate Attorneys,, filed by Fidelis J. Badaiki. (Attachments: #1 Exhibit)(mmapps, 4) |
| Filing 30 RESPONSE in Opposition to #27 MOTION for Reconsideration of #25 Order Referring Case to Magistrate Judge,, Add and Terminate Attorneys,, filed by Cameron International Corporation. (Attachments: #1 Proposed Order)(Tanner, Hugh) |
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Filing 29
ORDER granting #28 Motion for Leave to Proceed in forma pauperis. The Clerk will refund the filing fee..(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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| Filing 28 MOTION/APPLICATION to Proceed In Forma Pauperis by Fidelis J. Badaiki, filed. Motion Docket Date 7/6/2020. (Attachments: #1 Proposed Order)(hlerma, 4) |
| Filing 27 MOTION for Reconsideration of #25 Order Referring Case to Magistrate Judge,, Add and Terminate Attorneys, by Fidelis J. Badaiki, filed. Motion Docket Date 7/6/2020. (sguevara, 4) |
| Filing 26 NOTICE of Non-Consent to the Jurisdiction of the Magistrate Judge re: #25 Order Referring Case to Magistrate Judge,, Add and Terminate Attorneys, by Cameron International Corporation, filed. (Tanner, Hugh) |
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Filing 25
ORDER REFERRING CASE to Magistrate Magistrate Judge Nancy K Johnson. The parties are ordered to advise by 06/22/2020 whether they will consent to the jurisdiction of Magistrate Judge Johnson for all purposes in this case. Attorney Peter Costea terminated(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 24 RESPONSE to #23 REQUEST for pre-motion conference , filed by Cameron International Corporation. (Williams, Benjamin) |
| Filing 23 REQUEST for pre-motion conference, filed.(Costea, Peter) |
| Filing 22 MOTION for Peter Costea to Withdraw as Attorney by Badaiki J Fidelis, filed. Motion Docket Date 6/5/2020. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit)(Costea, Peter) |
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Filing 21
AMENDED SCHEDULING ORDER granting #20 Agreed MOTION for Extension of Time to Extend Deadlines and Modify the Scheduling Order. ( Discovery due by 10/02/2020. Mediation due by 12/17/2020. Dispositive Motion Filing due by 11/02/2020. Non-Dispositive Motion Filing due by 11/2/2020. Joint Pretrial Order due by 01/18/2021., Docket Call set for 02/22/2021 at 09:30 AM before Judge Charles Eskridge.)(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 20 Agreed MOTION for Extension of Time to Extend Deadlines and Modify the Scheduling Order by Cameron International Corporation, filed. Motion Docket Date 4/23/2020. (Attachments: #1 Proposed Order)(Tanner, Hugh) |
| Filing 19 NOTICE of Reassignment to Judge Charles Eskridge, pursuant to Special Order No. 2019-4. Deadlines in scheduling orders remain in effect, and all court settings are vacated. Judge Andrew S Hanen no longer assigned to the case. Parties notified, filed. (NicoleDiaz, 4) |
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Filing 18
ORDER granting #17 Motion for Entry of Confidentiality Agreement..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 17 Agreed MOTION for Entry of Order re: Confidentiality Order by Cameron International Corporation, filed. Motion Docket Date 8/30/2019. (Attachments: #1 Proposed Order)(Tanner, Hugh) |
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Filing 16
ORDER granting #15 Motion to Amend the style and caption of the case..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 15 Agreed MOTION to Amend by Cameron International Corporation, filed. (Attachments: #1 Proposed Order)(Tanner, Hugh) |
| Filing 14 DESIGNATION OF EXPERT WITNESS LIST by Badaiki J Fidelis, filed.(Costea, Peter) |
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SCHEDULING ORDER. ETT: 3 days. yes. Joinder of Parties due by 9/1/2019 Pltf Expert Report due by 9/1/2019. Deft Expert Report due by 10/1/2019. Discovery due by 3/31/2020. Dispositive Motion Filing due by 6/1/2020. Non-Dispositive Motion Filing due by 6/1/2020. Joint Pretrial Order due by 9/8/2020. Pretrial Conference set for 10/5/2020 at 01:30 PM before Judge Andrew S Hanen Jury Trial set for 10/13/2020 at 09:00 AM before Judge Andrew S Hanen(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4)
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| Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. SCHEDULING CONFERENCE held on 6/12/2019; docket control order to follow. Appearances: Hugh E Tanner, Benjamin David Williams, Peter Costea.(Court Reporter: ERO)(Digital # 10:19-10:23)(ERO:S Anderson), filed.(bwhite, 4) |
| Filing 13 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Badaiki J Fidelis, filed.(Costea, Peter) |
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Filing 12
ORDER granting #10 Motion for Extension of Time. Deadline extended to 6/5/2019. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(XavierAvalos, 7)
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| Filing 11 NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re #10 Unopposed MOTION for Extension of Time File Joint Case Management Plan, filed. (rhawkins) |
| Filing 10 Unopposed MOTION for Extension of Time File Joint Case Management Plan by Cameron International Corporation, filed. Motion Docket Date 6/19/2019. (Attachments: #1 Proposed Order)(Tanner, Hugh) |
| Filing 9 ANSWER to #1 State Court Petition/Notice of Removal by Cameron International Corporation, filed.(Tanner, Hugh) |
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Filing 8
ORDER granting in part and denying in part #4 Motion to Dismiss.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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| Filing 7 REPLY in Support of #4 MOTION to Dismiss , filed by Cameron International Corporation. (Attachments: #1 Declaration of S. McInerney, #2 Exhibit A to Decl., #3 Appendix Table of Contents, #4 Appendix Cases Cited, #5 Proposed Order)(Tanner, Hugh) |
| Filing 6 RESPONSE in Opposition to #4 MOTION to Dismiss , filed by Badaiki J Fidelis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order)(Costea, Peter) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Cameron International Corporation, filed.(Tanner, Hugh) |
| Filing 4 MOTION to Dismiss by Cameron International Corporation, filed. Motion Docket Date 3/4/2019. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of S. McInerney, #3 Exhibit A to Declaration, #4 Appendix Table of Contents, #5 Appendix Cases, #6 Proposed Order)(Tanner, Hugh) |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Badaiki J Fidelis, filed.(Costea, Peter) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/12/2019 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(hcarradi, 4)
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| Filing 1 NOTICE OF REMOVAL from Harris County, case number 2018-88252 (Filing fee $ 400 receipt number 0541-21785904) filed by Cameron International Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Tanner, Hugh) |
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