Smith v. Whataburger Restaurants, LLC
Plaintiff: Victoria Smith
Defendant: Whataburger Restaurants, LLC
Case Number: 4:2025cv05704
Filed: November 25, 2025
Court: U.S. District Court for the Southern District of Texas
Presiding Judge: Lee H Rosenthal
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 1981 Job Discrimination (Race)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 9, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2026 Opinion or Order Filing 9 ORDER STAYING CASE granting #7 . This case is administratively closed and stayed until the arbitration is concluded. The case may be reinstated to the active docket on a motion filed by either party within 14 days after the arbitration is concluded. Case terminated on 2/9/2026. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
February 6, 2026 Filing 8 NOTICE of Resetting. Parties notified. Initial Conference reset for 2/10/2026 at 10:00 AM in by video before Judge Lee H Rosenthal, filed. TIME CHANGE ONLY. (gmh4)
January 8, 2026 Filing 7 Unopposed MOTION to Compel Arbitration and to Stay Proceedings by Whataburger Restaurants, LLC, filed. Motion Docket Date 1/29/2026. (Attachments: #1 Appendix, #2 Proposed Order) (Wood, Eric)
January 8, 2026 Filing 6 ANSWER to #1 Complaint by Whataburger Restaurants, LLC, filed. (Wood, Eric)
December 10, 2025 Filing 5 Summons Issued as to Whataburger Restaurants, LLC. Issued summons delivered to plaintiff by NEF, filed. (hl4)
December 4, 2025 Filing 4 Request for Issuance of Summons as to All Defendants, filed. (Gbenjo, Anne)
December 1, 2025 Opinion or Order Filing 3 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 2/10/2026 at 11:00 AM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified. (hlc4)
December 1, 2025 Filing 2 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4)
December 1, 2025 Referral Judge Selected: Magistrate Judge Yvonne Y. Ho randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hlc4)
November 25, 2025 Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-34582794) filed by Victoria Smith. (Gbenjo, Anne)

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Plaintiff: Victoria Smith
Represented By: Anne Sampson Gbenjo
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Defendant: Whataburger Restaurants, LLC
Represented By: Eric Charles Wood
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