Cina v. Cemex, Inc.
| James Cina |
| Cemex, Inc. |
| Chamber of Commerce of the United States of America |
| 4:2023cv00117 |
| January 12, 2023 |
| US District Court for the Southern District of Texas |
| Andrew M Edison |
| George C Hanks |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 SUPPLEMENT to #51 Notice (Other) by James Cina, filed.(Edelman, Marc) |
| Filing 51 NOTICE PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY re: #34 Response in Opposition to Motion by James Cina, filed. (Edelman, Marc) |
| Filing 50 Notice of Filing of Official Transcript as to #49 Transcript. Party notified, filed. (DarleneHansen, 4) |
| Filing 49 TRANSCRIPT re: Motion Hearing held on 8/29/2023 before Magistrate Judge Andrew M Edison. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party Rosa Hall Release of Transcript Restriction set for 12/28/2023., filed. (lgriffin, ) |
| Filing 48 AO 435 TRANSCRIPT REQUEST by Rosa Hall for Transcript of Hearing held on 8/29/23 before Judge Edison. 14-Day turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (TerriHanniable, 4) Electronically Forwarded to Digital Scroll Transcription on 09/15/2023. Estimated Date of Completion: 09/29/2023. Modified on 9/15/2023 (BenjaminRomero, 4). |
| Filing 47 Joint Letter to the Court Re: Additional Authority by Cemex, Inc., filed. (Attachments: #1 Exhibit 1 - Lopez Order, #2 Exhibit 2 - Teodosio Order, #3 Exhibit 3 - Mazza Opinion, #4 Exhibit 4 - Tolomeo Memorandum Opinion, #5 Exhibit 5 - Hughes Amended Complaint)(Sales, Travis) |
| Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on August 29, 2023. Motion hearing held dkt #30 . Judge Edison heard oral arguments and took matter under advisement. Parties to jointly submit one letter with additional court cites by 9/8/2023. Appearances: Michael McKay for Plaintiff, Travis Sales and Deanna Rice for Defendant. (ERO: yes, filed. (RubenCastro, 3) |
| Filing 46 RESPONSE to Amicus Brief of the Chamber of Commerce, filed by James Cina. (McKay, Michael) |
Filing 45
ORDER granting #43 Motion for Deanna M Rice to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(AndyGould, 3)
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| Filing 44 NOTICE of Appearance by Deanna M. Rice and Christopher W. Hunt on behalf of Cemex, Inc., filed. (Sales, Travis) |
| Filing 43 MOTION to Appear Pro Hac Vice for Deanna M. Rice (Fee Paid: $100, receipt number ATXSDC-30373802) by Cemex, Inc., filed. Motion Docket Date 9/7/2023. (Sales, Travis) |
| Filing 42 BRIEF of Amicus Curiae Chamber of Commerce of the United States of America in Support of Defendant's Motion to Dismiss the Complaint., filed. (rltd dkt re: #30 ).(RubenCastro, 3) (Main Document 42 replaced on 8/17/2023) (RubenCastro, 3). |
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Filing 41
ORDER granting #33 MOTION for Leave to Participate as Amicus Curiae. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (RubenCastro, 3)
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| Filing 40 NOTICE of Change of Address by Travis Sales, counsel for Cemex, Inc., filed. (Sales, Travis) |
| Filing 39 NOTICE of Setting as to #30 MOTION to Dismiss . Parties notified. Motion Hearing set for 8/29/2023 at 10:30 AM in Courtroom 8B at Houston Federal Courthouse before Magistrate Judge Andrew M Edison, filed. (RubenCastro, 3) |
| Filing 38 CLERKS NOTICE OF CANCELLATION Motion Hearing set for 6/22/2023 at 09:00 AM is CANCELED. Parties notified, filed. (RubenCastro, 3) |
| Filing 37 REPLY in Support of #30 MOTION to Dismiss , filed by Cemex, Inc.. (Sales, Travis) |
| Filing 36 REPLY in Support of #33 MOTION for Leave to Participate as Amicus Curiae, filed by Chamber of Commerce of the United States of America. (Santos, Jaime) |
| Filing 35 RESPONSE in Opposition to #33 MOTION for Leave to Participate as Amicus Curiae, filed by James Cina. (Botros, Paul) |
| Filing 34 RESPONSE in Opposition to #30 MOTION to Dismiss , filed by James Cina. (Attachments: #1 Exhibit)(Botros, Paul) |
| Filing 33 MOTION for Leave to Participate as Amicus Curiae by Chamber of Commerce of the United States of America, filed. Motion Docket Date 5/19/2023. (Attachments: #1 Exhibit A: Brief of Amicus Curiae The Chamber of Commerce of the United States of America in Support of Defendant's Motion to Dismiss the Complaint, #2 Proposed Order)(Santos, Jaime) |
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Filing 32
ORDER granting #31 Motion for Jaime A. Santos to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
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| Filing 31 MOTION for Jaime A. Santos to Appear Pro Hac Vice by Chamber of Commerce of the United States of America, filed. Motion Docket Date 5/16/2023. (Santos, Jaime) |
| Filing 30 MOTION to Dismiss by Cemex, Inc., filed. Motion Docket Date 5/12/2023. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Proposed Order Proposed Order)(Sales, Travis) |
| Filing 29 NOTICE of Appearance by Elizabeth C. Butler on behalf of Cemex, Inc., filed. (Sales, Travis) |
| Filing 28 NOTICE of Setting. Parties notified. Motion Hearing set for 6/22/2023 at 09:00 AM in Courtroom 8B in Houston before Magistrate Judge Andrew M Edison, filed. (rcastro, 3) |
| Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on April 14, 2023. Status Conference held. Judge Edison briefly described his procedures. Plaintiff declined opportunity to amend the Complaint. Defendant to file Motion to Dismiss. Parties agreed to briefing schedule on the Motion to Dismiss. Discovery stayed pending ruling on the Motion to Dismiss. Judge Edison to set oral hearing date on Motion to Dismiss. Appearances: Michael McKay Marc Edelman and Brandon Hill for Plaintiff, Tina Nguyen and Travis Sales Defendant. (ERO: yes), filed.(rcastro, 3) |
| Filing 27 Pre-Motion Conference Letter to Court requesting permission to file a motion to dismiss Plaintiff's complaint by Cemex, Inc., filed.(Sales, Travis) |
| Filing 26 NOTICE of Resetting re: #25 Notice of Setting/Resetting FORM - CV. Parties notified. Status Conference reset for 4/14/2023 at *01:15 PM by video before Magistrate Judge Andrew M Edison, filed. *Time Change Only. (rcastro, 3) |
| Filing 25 NOTICE of Setting. Parties notified. Status Conference set for 4/14/2023 at 09:30 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3) |
| Filing 24 CLERKS NOTICE OF CANCELLATION Initial Conference set for 4/12/2023 at 09:00 AM is CANCELED. Parties notified, filed. (rcastro, 3) |
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Filing 23
ORDER TO TRANSFER. It is hereby ORDERED that this case is reassigned to the docket of United States Magistrate Judge Andrew M. Edison to conduct all further proceedings, including final judgment. Judge George C Hanks, Jr no longer assigned to the case. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 22 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Cemex, Inc., filed.(Sales, Travis) |
| Filing 21 NOTICE of Resetting. Parties notified. Initial Conference set for 4/13/2023 at 01:00 PM in by video before Magistrate Judge Andrew M Edison. (rcastro, 3) |
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Filing 20
ORDER granting #17 Unopposed MOTION for Entry of Order re: Responsive Pleading Deadlines and Briefing Schedule. Defendants deadline to answer or otherwise respond to Plaintiffs Complaint shall be sixty (60) days after entry of the Courts order. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 19 CERTIFICATE OF INTERESTED PARTIES by Cemex, Inc., filed.(Sales, Travis) |
| Filing 18 NOTICE of Appearance by Tina Q. Nguyen on behalf of Cemex, Inc., filed. (Nguyen, Tina) |
| Filing 17 Unopposed MOTION for Entry of Order re: Responsive Pleading Deadlines and Briefing Schedule by Cemex, Inc., filed. Motion Docket Date 3/14/2023. (Attachments: #1 Proposed Order)(Sales, Travis) |
| Filing 16 RETURN of Service of SUMMONS Executed as to Cemex, Inc. served on 2/7/2023, answer due 2/28/2023, filed.(Edelman, Marc) |
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Filing 15
ORDER granting #11 Motion for Michael C. McKay to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4)
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Filing 14
ORDER granting #9 Motion for Brandon J. Hill to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4)
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Filing 13
ORDER granting #8 Motion for Amanda E. Heystek to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4)
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Filing 12
ORDER granting #10 Motion for Luis A. Cabassa to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4)
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| Filing 11 MOTION for Michael C. McKay, Esq. to Appear Pro Hac Vice by James Cina, filed. Motion Docket Date 2/28/2023. (Botros, Paul) |
| Filing 10 MOTION for Luis A. Cabassa, Esq. to Appear Pro Hac Vice by James Cina, filed. Motion Docket Date 2/28/2023. (Botros, Paul) |
| Filing 9 MOTION for Brandon J. Hill, Esq. to Appear Pro Hac Vice by James Cina, filed. Motion Docket Date 2/28/2023. (Botros, Paul) |
| Filing 8 MOTION for Amanda E. Heystek, Esq. to Appear Pro Hac Vice by James Cina, filed. Motion Docket Date 2/28/2023. (Botros, Paul) |
| The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4) |
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Filing 7
ORDER granting #6 Motion for Marc Edelman to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4)
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| Filing 6 MOTION for Marc. R. Edelman, Esq. to Appear Pro Hac Vice by James Cina, filed. Motion Docket Date 2/21/2023. (Botros, Paul) |
| Filing 5 NOTICE of Resetting. Parties notified. Initial Conference set for 4/13/2023 at 09:00 AM in by video before Magistrate Judge Andrew M Edison. (rcastro, 3) |
| Filing 3 Summons Issued as to Cemex, Inc.. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
| Filing 2 Request for Issuance of Summons as to Cemex, Inc., filed.(Botros, Paul) |
| Filing 1 COMPLAINT against Cemex, Inc. (Filing fee $ 402 receipt number ATXSDC-29317165) filed by James Cina. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Botros, Paul) |
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