Acevedo v. Hibernia Resources III, LLC
| Hervey Acevedo |
| Hibernia Resources III, LLC |
| 4:2021cv03691 |
| November 10, 2021 |
| US District Court for the Southern District of Texas |
| Alfred H Bennett |
| David Hittner |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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Filing 43
ORDER OF DISMISSAL on Settlement Announcement; case dismissed without prejudice to the right of parties to move for reinstatement within thirty (30) days. Case terminated on 6/7/23.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 42 NOTICE of Settlement by Hervey Acevedo, filed. (Miltenberger, Chris) |
| Filing 41 MOTION for Summary Judgment by Hibernia Resources III, LLC, filed. Motion Docket Date 6/7/2023. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Pickett, Kathleen) |
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Filing 40
SCHEDULING ORDER Granting #37 Joint MOTION to Amend. Bench. ( Docket Call set for 6/23/2023 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett, Bench Trial set for 6/26/2023 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett)(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 39 Proposed Findings of Fact/Conclusions of Law by Hibernia Resources III, LLC(Pickett, Kathleen) |
| Filing 38 Proposed Pretrial Order by Hervey Acevedo (Attachments: #1 Exhibit)(Miltenberger, Chris) |
| Filing 37 Joint MOTION to Amend by Hervey Acevedo, filed. Motion Docket Date 3/9/2023. (Attachments: #1 Exhibit, #2 Proposed Order)(Miltenberger, Chris) |
| Filing 36 AO 435 TRANSCRIPT REQUEST by Chris Miltenberger for Transcript of Motion Hearing on 10-13-2022 before Judge Bennett. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Mary Capetillo, filed. (Miltenberger, Chris) |
| Filing 35 Notice of Filing of Official Transcript as to #34 Transcript. Party notified, filed. (DarleneHansen, 4) |
| Filing 34 TRANSCRIPT re: Motion held on 10/13/2022 before Judge Alfred H Bennett. Court Reporter/Transcriber Mary Capetillo. Ordering Party Kathleen Pickett Release of Transcript Restriction set for 1/17/2023., filed. (MaryCapetillo, 4) |
| Minute Entry for proceedings held before Judge Alfred H Bennett. MOTION HEARING held on 10/13/2022. #23 Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence, #31 Opposed MOTION for Leave to Supplement Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence. Motion for sanctions is denied; spoliation motion denied will allow Defendant to bring to attention of jury that phone was destroyed and could have contained information germane to this case without any adverse intention to hide, just that it was done and records they could have sought were on the phone. Appearances: Chris R Miltenberger, Kathleen Cynthia Pickett, Ana Elena Kadala.(Court Reporter: M. Capatillo), filed.(ledwards, 4) |
| Filing 33 AO 435 TRANSCRIPT REQUEST by Hibernia Resources III, LLC for Transcript of Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence, 10/13/2022, Judge Alfred H. Bennett. 3-Day turnaround requested. Court Reporter/Transcriber: Mary Capetillo, filed. (Pickett, Kathleen) |
| Filing 32 PROPOSED ORDER re: #31 Opposed MOTION Motion for Leave to Supplement Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence, filed.(Pickett, Kathleen) |
| Filing 31 Opposed MOTION Motion for Leave to Supplement Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence by Hibernia Resources III, LLC, filed. Motion Docket Date 10/31/2022. (Attachments: #1 Exhibit Hibernia's Supplement to Motion for Sanctions and Dismissal for Spoliation of Evicence)(Pickett, Kathleen) |
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Filing 30
ORDER granting #24 Motion for Hearing Motion for Sanctins and Dismissal for Spoilation of Material Evidence. Hearing set for 10/13/2022 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 29 RESPONSE to #28 Opposed MOTION to Strike #27 Reply to Response to Motion , filed by Hibernia Resources III, LLC. (Attachments: #1 Exhibit Declaration of Eric Devlin)(Pickett, Kathleen) |
| Filing 28 Opposed MOTION to Strike #27 Reply to Response to Motion by Hervey Acevedo, filed. Motion Docket Date 10/6/2022. (Attachments: #1 Proposed Order)(Miltenberger, Chris) |
| Filing 27 REPLY to Response to #23 MOTION Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence, filed by Hibernia Resources III, LLC. (Attachments: #1 Affidavit Declaration)(Pickett, Kathleen) |
| Filing 26 Supplemental RESPONSE in Opposition to #23 MOTION Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence, filed by Hervey Acevedo. (Miltenberger, Chris) |
| Filing 25 RESPONSE in Opposition to #23 MOTION Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence, filed by Hervey Acevedo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Miltenberger, Chris) |
| Filing 24 Unopposed MOTION for Hearing re: #23 MOTION Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence by Hibernia Resources III, LLC, filed. Motion Docket Date 9/7/2022. (Attachments: #1 Proposed Order)(Pickett, Kathleen) |
| Filing 23 MOTION Defendant's Motion for Sanctions and Dismissal for Spoliation of Material Evidence by Hibernia Resources III, LLC, filed. Motion Docket Date 9/6/2022. (Attachments: #1 Exhibit Exhibits 1 - 11)(Pickett, Kathleen) |
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Filing 22
ORDER granting #21 Motion for Entry of Agreed Protective Order.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 21 Agreed MOTION for Entry of Order re: Agreed Protective Order by Hibernia Resources III, LLC, filed. Motion Docket Date 4/27/2022. (Attachments: #1 Proposed Order Agreed Protective Order)(Hoesl, Nancy) |
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Filing 20
SCHEDULING ORDER. Amended Pleadings due by 8/1/2022. Pltf Expert Report due by 8/30/2022. Deft Expert Report due by 9/30/2022. Discovery due by 10/18/2022. Dispositive Motion Filing due by 11/21/2022. Non-Dispositive Motion Filing due by 11/21/2022. Joint Pretrial Order due by 2/17/2023. Docket Call set for 3/17/2023 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett Jury Trial set for 3/20/2023 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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Filing 19
ORDER Granting #11 Stipulation AGREED MOTION FOR COLLECTIVE ACTION CERTIFICATION(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Minute Entry for proceedings held before Judge Alfred H Bennett. SCHEDULING CONFERENCE held on 2/18/2022. Court GRANTED Motion for Collective Action. Dates agreed, scheduling order to follow. Appearances: Chris R Miltenberger, Kathleen Cynthia Pickett, Ana E Kadala.(Court Reporter: M. Malone), filed.(ledwards, 4) |
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Filing 18
ORDER granting #16 Motion to Withdraw as Attorney. Attorney Peter Justin Stuhldreher and Mark D Temple terminated.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 17 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Hibernia Resources III, LLC, filed. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Pickett, Kathleen) |
| Filing 16 Unopposed MOTION for Mark D. Temple And Peter J. Stuhldreher to Withdraw as Attorney by Hibernia Resources III, LLC, filed. Motion Docket Date 2/24/2022. (Attachments: #1 Proposed Order)(Temple, Mark) |
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Filing 15
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/18/2022 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4)
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| Filing 14 NOTICE of Reassignment. Case reassigned to Judge Alfred H Bennett. Judge David Hittner no longer assigned to the case. Parties notified, filed. (hcarr, 4) |
| Filing 13 NOTICE of Appearance by Kathleen Cynthia Pickett, N. Kimberly Hoesl, Ana E. Kadala on behalf of Hibernia Resources III, LLC, filed. (Pickett, Kathleen) |
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Filing 12
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 11 STIPULATION re: Collective Action Certification by Hibernia Resources III, LLC, filed. (Attachments: #1 Exhibit 1, #2 Proposed Order Proposed Order)(Temple, Mark) |
| Filing 10 NOTICE of Appearance by Peter J. Stuhldreher on behalf of Hibernia Resources III, LLC, filed. (Stuhldreher, Peter) |
| Filing 9 NOTICE of Resetting. Parties notified. Initial Conference set for 1/27/2022 at 10:45 AM in by video before Magistrate Judge Peter Bray, filed. (jmarchand, 4) |
| Filing 8 CERTIFICATE OF INTERESTED PARTIES by Hibernia Resources III, LLC, filed.(Temple, Mark) |
| Filing 7 ANSWER to #1 Complaint by Hibernia Resources III, LLC, filed.(Temple, Mark) |
| Filing 6 RETURN of Service of SUMMONS Executed as to Hibernia Resources III, LLC served on 11/22/2021, answer due 12/13/2021, filed.(Miltenberger, Chris) |
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/26/2022 at 10:15 AM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(ShannonHoldenadi, 4)
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| Filing 4 Summons Issued as to Hibernia Resources III, LLC. Issued summons delivered to plaintiff by NEF, filed.(BrandisIsom, 4) |
| Filing 3 Request for Issuance of Summons as to Hibernia Resources III, LLC, filed.(Miltenberger, Chris) |
| Filing 2 CERTIFICATE OF INTERESTED PARTIES by Hervey Acevedo, filed.(Miltenberger, Chris) |
| Filing 1 COMPLAINT against Hibernia Resources III, LLC (Filing fee $ 402 receipt number 0541-27328059) filed by Hervey Acevedo. (Attachments: #1 Exhibit Consent Form)(Miltenberger, Chris) |
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