Roberts v. A.H.D. Houston, Inc.
| Grace Roberts |
| A.H.D. Houston, Inc. d/b/a Centerfolds, Thomas Venza, Christopher Alan Malusa, Ali Davari, Hassan Davari, Houston Kurt, A.H.D. Houston, Inc. doing business as Centerfolds Houston, Kurt Houston and Kurt Ramirez |
| 4:2021cv02101 |
| June 28, 2021 |
| US District Court for the Southern District of Texas |
| Christina A Bryan |
| David Hittner |
| Sim Lake |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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Filing 65
Final ORDER OF DISMISSAL re #64 Joint Stipulation of Dismissal (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4)
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| Filing 64 STIPULATION of Dismissal by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza, filed.(Wallace, Casey) |
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Filing 63
ORDER OF DISMISSAL. Case terminated on 1/10/2023 (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4)
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| Filing 62 NOTICE of Settlement by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza, filed. (King, William) |
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Filing 61
Amended SCHEDULING and Docket Control ORDER. Amended Pleadings due by 11/4/2022. Discovery due by 12/16/2022. Mediation due by 1/27/2023. Dispositive and Non- Dispositive Motion Filing due by 1/6/2023. Joint Pretrial Order due by 5/12/2023. Final Pretrial Conference set for 5/18/2023 at 04:30 PM in Courtroom 701 before Magistrate Judge Christina A Bryan Jury Trial set for 5/22/2023 at 09:30 AM in Courtroom 701 before Magistrate Judge Christina A Bryan (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4)
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| Filing 60 [Proposed] Amended Scheduling Order by Grace Roberts, filed.(Hogg, William) |
| Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. MOTION HEARING held on 10/4/2022. The Court heard argument on the pending Motions for Summary Judgment. Proposed scheduling order due 21 days. Appearances: William Xander King, Casey T Wallace, William Marshall Hogg, Cody Pyke.(ERO:Yes), filed.(MelissaMorgan, 4) |
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Filing 59
ORDER Granting #58 Opposed MOTION for Hearing. Motion Hearing set for 10/4/2022 at 01:00 PM in Courtroom 701 before Magistrate Judge Christina A Bryan) (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4)
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| Filing 58 Opposed MOTION for Hearing re: #32 First MOTION for Partial Summary Judgment by A.H.D. Houston, Inc., filed. Motion Docket Date 8/26/2022. (Attachments: #1 Proposed Order)(King, William) |
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Filing 57
CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Grace Roberts, Thomas Venza and ORDER TRANSFERRING CASE to Magistrate Judge Christina A Bryan. Judge Sim Lake no longer assigned to the case.(Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 56 CONSENT to Proceed Before a Magistrate Judge by Grace Roberts, filed.(Hogg, William) |
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Filing 55
ORDER - CASE REFERRED to Magistrate Judge Christina A Bryan. Parties to advise court w/in 20 days if they will consent to Judge Bryan. (Signed by Judge Sim Lake) (Attachments: #1 Consent Form) Parties notified.(sanderson, 4)
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| Filing 54 NOTICE of Reassignment. Case reassigned to Judge Sim Lake. Judge David Hittner no longer assigned to the case. Parties notified, filed. (hcarr, 4) |
| Filing 53 REPLY in Support of #33 MOTION for Summary Judgment re: Employer Status, filed by Ali Davari, Hassan Davari. (King, William) |
| Filing 52 REPLY to Response to #32 First MOTION for Partial Summary Judgment , filed by Grace Roberts. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Affidavit)(Hogg, William) |
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Filing 51
RECUSAL ORDER. Judge David Hittner recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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Filing 50
ORDER that the Parties' respective reply briefs in support of their competing summary judgment motions shall be due on July 5, 2022.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 49 Joint Request to Extend Deadlines to Submit Reply Briefs in Support of Summary Judgment Motions by Grace Roberts, filed. (Attachments: #1 Proposed Order)(Hogg, William) |
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Filing 48
ORDER granting #39 Motion for Leave to File Excess Pages.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 47 RESPONSE to #32 First MOTION for Partial Summary Judgment , #39 Unopposed MOTION for Leave to File Excess Pages filed by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza. (Attachments: #1 Exhibit A1 - Roberts Depo, #2 Exhibit A2 - Roberts 2019 LAA, #3 Exhibit A3 - Roberts RFA Responses, #4 Exhibit A4 - Roberts INT Responses, #5 Exhibit A5 - Roberts LinkedIn Resume, #6 Exhibit B1 - Gomez Depo, #7 Exhibit B2- Gomez 2020 LAA, #8 Exhibit B3 - Gomez 2021 LAA, #9 Exhibit B4 - Gomez INT Responses, #10 Exhibit B5 - Gomez RFA Responses, #11 Exhibit C1 - 30(b)(6) Witness Depo, #12 Exhibit C2 - AHD's INT Responses, #13 Proposed Order)(King, William) |
| Filing 46 Supplemental EXHIBITS re: #40 Response in Opposition to Motion by Grace Roberts, filed.(Hogg, William) |
| Filing 45 Supplemental EXHIBITS re: #40 Response in Opposition to Motion by Grace Roberts, filed.(Hogg, William) |
| Filing 44 Supplemental EXHIBITS re: #40 Response in Opposition to Motion by Grace Roberts, filed.(Hogg, William) |
| Filing 43 Other EXHIBITS re: #40 Response in Opposition to Motion by Grace Roberts, filed.(Hogg, William) |
| Filing 42 Other EXHIBITS re: #40 Response in Opposition to Motion by Grace Roberts, filed.(Hogg, William) |
| Filing 41 DECLARATION of William M. Hogg re: #40 Response in Opposition to Motion, filed.(Hogg, William) |
| Filing 40 RESPONSE in Opposition to #33 MOTION for Summary Judgment re: Employer Status, filed by Grace Roberts. (Attachments: #1 Supplement Summary of Plaintiffs' Response)(Hogg, William) |
| Filing 39 Unopposed MOTION for Leave to File Excess Pages by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza, filed. Motion Docket Date 7/8/2022. (Attachments: #1 Proposed Order Granting Motion to Exceed Page Limit)(King, William) |
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Filing 38
ORDER granting #37 Joint Motion Request to Continue Abatement of Briefing on Summary Judgment Motions.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 37 Joint MOTION Abatement of Briefing on Summary Judgment Motions by Grace Roberts, filed. Motion Docket Date 6/3/2022. (Attachments: #1 Proposed Order)(Hogg, William) |
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Filing 36
ORDER granting #35 Motion to Abate Briefing on Summary Judgment Motions. If the parties have not reached a settlement 22 days following this Order, the response deadline for the respective motions for summary judgment will be due 14 days from the end of the abatement period, and any reply brief would be due 7 days after the response is filed..(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 35 Joint MOTION to Abate by Grace Roberts, filed. Motion Docket Date 5/5/2022. (Attachments: #1 Proposed Order)(Hogg, William) |
| Filing 34 NOTICE of Appearance by William M. Hogg on behalf of Grace Roberts, filed. (Hogg, William) |
| Filing 33 MOTION for Summary Judgment re: Employer Status by Ali Davari, Hassan Davari, filed. Motion Docket Date 4/21/2022. (Attachments: #1 Exhibit A1 - Gomez Dep, #2 Exhibit A2 - Gomez INT [A. Davari], #3 Exhibit A3 - Gomez INT [H. Davari], #4 Exhibit A4 - Gomez RFA [A. Davari], #5 Exhibit A5 - Gomez RFA [H. Davari], #6 Exhibit B1- Roberts Dep, #7 Exhibit B2 - Roberts INT [A. Davari], #8 Exhibit B3 - Roberts INT [H. Davari], #9 Exhibit B4 - Roberts RFA [A. Davari], #10 Exhibit B5 - Roberts RFA [H. Davari], #11 Proposed Order)(King, William) |
| Filing 32 First MOTION for Partial Summary Judgment by Grace Roberts, filed. Motion Docket Date 4/21/2022. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration, #3 Exhibit Exhibit, #4 Exhibit Deposition transcript, #5 Exhibit Exhibit, #6 Exhibit declaration, #7 Proposed Order proposed order)(Mason, Jerry) |
| Filing 31 NOTICE of Change of Address by Wallace & Allen, LLP, counsel for A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza, filed. (Wallace, Casey) |
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Filing 30
ORDER granting #29 Motion to Withdraw as Attorney. Attorney Michael Adam Goldsmith terminated. David W. Hodges will remain as Lead Counsel for Plaintiffs.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 29 MOTION for Michael Goldsmith to Withdraw as Attorney by Grace Roberts, filed. Motion Docket Date 1/12/2022. (Attachments: #1 Proposed Order)(Hodges, David) |
| Filing 28 DESIGNATION OF EXPERT WITNESS LIST by Grace Roberts, filed.(Mason, Jerry) |
| Filing 27 NOTICE of Appearance by Jerry W. Mason on behalf of Grace Roberts, filed. (Mason, Jerry) |
| Filing 26 ANSWER to #9 Amended Complaint/Counterclaim/Crossclaim etc. by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza, filed.(Wallace, Casey) |
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Filing 25
ORDER granting in part and denying in part #14 Motion to Dismiss. The motion is granted as to causes of action arising before June 28, 2018 and as to Robert's claims for overtime wages. The motion is denied as to the factual sufficiency of the allegations establishing FLSA coverage and causes of action arising on or after June 28, 2018.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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Filing 24
SCHEDULING ORDER. Trial Term: September/October 2022. ETT: 3 days. Jury trial. Amended Pleadings due by 10/15/2021. Joinder of Parties due by 10/15/2021 Pltf Expert Witness List due by 11/30/2021. Deft Expert Witness List due by 12/31/2021. Discovery due by 2/25/2022. Dispositive Motion Filing due by 3/31/2022. Non-Dispositive Motion Filing due by 3/31/2022. Joint Pretrial Order due by 8/31/2022.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 9/9/2021. Scheduling order issued. Appearances: William Xander King, Michael Adam Goldsmith.(ERO:Yes), filed.(jmarchand, 4) |
| Filing 22 SURREPLY opposing Defendant's #14 MOTION to Dismiss filed by Grace Roberts. (ealexander, 4) |
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Filing 21
ORDER granting #19 Motion for Leave to File A Sur-reply opposing Defendant's Motion to Dismiss..(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 20 NOTICE of Resetting. Parties notified. Initial Conference set for 9/9/2021 at 10:15 AM in by video before Magistrate Judge Peter Bray, filed. (jmarchand, 4) |
| Filing 19 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss by Grace Roberts, filed. Motion Docket Date 9/21/2021. (Attachments: #1 Proposed Order, #2 Exhibit)(Goldsmith, Michael) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting by Grace Roberts, filed.(Goldsmith, Michael) |
| Filing 17 CERTIFICATE OF INTERESTED PARTIES by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza, filed.(King, William) |
| Filing 16 REPLY in Support of #14 MOTION to Dismiss #9 Amended Complaint/Counterclaim/Crossclaim etc. , filed by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza. (King, William) |
| Filing 15 RESPONSE to #14 MOTION to Dismiss #9 Amended Complaint/Counterclaim/Crossclaim etc. filed by Grace Roberts. (Attachments: #1 Proposed Order Order Denying Defendants' Motion to Dismiss)(Hodges, David) |
| Filing 14 MOTION to Dismiss #9 Amended Complaint/Counterclaim/Crossclaim etc. by A.H.D. Houston, Inc., Ali Davari, Hassan Davari, Christopher Alan Malusa, Kurt Ramirez, Thomas Venza, filed. Motion Docket Date 8/20/2021. (Attachments: #1 Proposed Order Granting Motion to Dismiss)(King, William) |
| Filing 13 RETURN of Service of SUMMONS Executed as to Kurt Ramirez served on 7/16/2021, answer due 8/6/2021, filed.(Hodges, David) |
| Filing 12 RETURN of Service of SUMMONS Executed as to Christopher Alan Malusa served on 7/13/2021, answer due 8/3/2021, filed.(Hodges, David) |
| Filing 11 Summons Issued as to Kurt Ramirez. Issued summons delivered to plaintiff by NEF, filed.(jdav, 4) |
| Filing 10 Request for Issuance of Summons as to Kurt Ramirez, filed.(Hodges, David) |
| Filing 9 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Grace Roberts.(Hodges, David) |
| Filing 8 RETURN of Service of SUMMONS Executed as to Thomas Venza served on 7/9/2021, answer due 7/30/2021, filed.(Hodges, David) |
| Filing 7 RETURN of Service of SUMMONS Executed as to A.H.D. Houston, Inc. served on 7/9/2021, answer due 7/30/2021, filed.(Hodges, David) |
| Filing 6 NOTICE of Filing Consent to Join Wage Claim by Grace Roberts, filed. (Attachments: #1 Exhibit Exhibit 1)(Goldsmith, Michael) |
| Filing 5 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
| Filing 4 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons Request Ali Davari, #2 Summons Request Christopher Malusa, #3 Summons Request Hassan Davari, #4 Summons Request Kurt Houston, #5 Summons Request Thomas Venza)(Hodges, David) |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Grace Roberts, filed.(Goldsmith, Michael) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/9/2021 at 10:30 AM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(ClaudiaGutierrezadi, 4)
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| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26657569) filed by Grace Roberts. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Goldsmith, Michael) |
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