Kelly v. Xu et al
| Bobby Kelly |
| Isabella Xu, Imperial Star Solar, Nick Tran, Javier Zaldana and Nidia Cortes |
| 4:2026cv01438 |
| February 23, 2026 |
| U.S. District Court for the Southern District of Texas |
| Alfred H Bennett |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2026. A more recent docket listing may be available from PACER.
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Filing 37
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 7/27/26. (Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 36 NOTICE of Settlement by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana, filed. (Landingham, Samuel) |
| Filing 35 REPLY to #34 Response to Motion, filed by Bobby Kelly. (jm4) |
| Filing 34 RESPONSE to #33 MOTION to Strike #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff's Amended Complaint filed May 28, 2026 filed by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana. (Attachments: #1 Proposed Order Denying Motion to Strike) (Landingham, Samuel) |
| Filing 33 MOTION to Strike #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff's Amended Complaint filed May 28, 2026 by Bobby Kelly, filed. Motion Docket Date 7/14/2026. (dmm4) |
| Filing 32 REPLY in Support of #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff's Amended Complaint filed May 28, 2026, filed by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana. (Landingham, Samuel) |
| Filing 31 RESPONSE in Opposition to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff's Amended Complaint filed May 28, 2026, filed by Bobby Kelly. (anc4) |
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Filing 30
ORDER granting #28 Amended Motion( Responses due by 7/3/2026.); granting #28 Motion for Extension of Time.(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff's Amended Complaint filed May 28, 2026 by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana, filed. Motion Docket Date 7/6/2026. (Attachments: #1 Envelope) (Landingham, Samuel) |
| Filing 28 Unopposed AMENDED #27 MOTION, Unopposed MOTION for Extension of Time Deadline to Respond to Plaintiff's Third Amended Complaint( Motion Docket Date 7/1/2026.) by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana, filed. (Attachments: #1 Proposed Order Proposed Order Granting Unopposed Motion to Extend Deadline) (Landingham, Samuel) |
| Filing 27 Unopposed MOTION for Extension of Time Defendants' Response to Third Amended Complaint by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana, filed. Motion Docket Date 6/24/2026. (Attachments: #1 Proposed Order Proposed order granting motion to extend deadline) (Landingham, Samuel) |
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Filing 26
SCHEDULING ORDER. Amended Pleadings due by 7/1/2026. Joinder of Parties due by 7/1/2026 Pltf Expert Witness List due by 3/1/2027. Deft Expert Witness List due by 4/15/2027. Discovery due by 8/1/2027. Dispositive Motion Filing due by 10/1/2027. Non-Dispositive Motion Filing due by 10/1/2027. Joint Pretrial Order due by 1/14/2028. Docket Call set for 1/28/2028 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett Jury Trial set for 1/31/2028 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4)
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Filing 25
MINUTE ENTRY ORDER: The Court conducted the Initial Conference. Scheduling Order to be issued. Appearances: Bobby Kelly, Avi Moshenberg. Ct Reporter: ERO. Time of Hearing 10:45 AM. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4)
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| Filing 24 Second AMENDED COMPLAINT against All Defendants filed by Bobby Kelly. Related document: #1 Complaint filed by Bobby Kelly. (hl4) |
| Filing 23 Agreed PROPOSED ORDER Amended Case Management Plan and Proposed Scheduling Order re: #4 Order for Initial Conference - FORM,, filed. (Attachments: #1 Proposed Order Agreed Proposed Scheduling Order) (Landingham, Samuel) |
| Filing 22 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bobby Kelly, filed. (th4) |
| Filing 21 REPORT of Rule 26(f) Planning Meeting by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana, filed. (Landingham, Samuel) |
| Filing 20 REPLY to #19 Response to Motion, filed by Bobby Kelly. (jm4) |
| Filing 19 RESPONSE to #12 MOTION to Strike filed by Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu, Javier Zaldana. (Attachments: #1 Proposed Order) (Moshenberg, Avishay) |
| Filing 18 MOTION to Dismiss #13 Amended Complaint/Counterclaim/Crossclaim etc. ( Motion Docket Date 5/26/2026.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Javier Zaldana, filed. (Attachments: #1 Exhibit, #2 Proposed Order) (Moshenberg, Avishay) |
| Filing 17 RESPONSE in Opposition to #15 MOTION to Dismiss #13 Amended Complaint/Counterclaim/Crossclaim etc. MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION to Dismiss #13 Amended Complaint/Counterclaim/Crossclaim etc. MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Bobby Kelly. (sew4) |
| Filing 16 MOTION to Dismiss #13 Amended Complaint/Counterclaim/Crossclaim etc. ( Motion Docket Date 5/19/2026.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Imperial Star Solar, filed. (Attachments: #1 Proposed Order) (Moshenberg, Avishay) |
| Filing 15 MOTION to Dismiss #13 Amended Complaint/Counterclaim/Crossclaim etc. ( Motion Docket Date 5/19/2026.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nidia Cortes, Nick Tran, Isabella Xu, filed. (Attachments: #1 Proposed Order) (Moshenberg, Avishay) |
| Filing 14 Certified Mail Receipt re: #12 Motion to Strike and #13 Second Amended Complaint by Bobby Kelly, filed. (dm4) |
| Filing 13 Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by Bobby Kelly. Related document: #8 Amended Complaint/Counterclaim/Crossclaim etc. filed by Bobby Kelly. (smg4) |
| Filing 12 MOTION to Strike Defendants Motion to Dismiss. by Bobby Kelly, filed. Motion Docket Date 5/5/2026. (jld4) |
| Filing 11 MOTION to Dismiss #8 Amended Complaint/Counterclaim/Crossclaim etc. under Rule 12(b)(5) ( Motion Docket Date 5/1/2026.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) by Nidia Cortes, Nick Tran, Isabella Xu, filed. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order) (Moshenberg, Avishay) |
| Filing 10 MOTION to Dismiss #8 Amended Complaint/Counterclaim/Crossclaim etc. under Rule 12(b)(5) ( Motion Docket Date 5/1/2026.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) by Imperial Star Solar, filed. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order) (Moshenberg, Avishay) |
| Filing 9 RETURN of Service of SUMMONS Executed as to Nidia Cortes served on 3/20/2026, answer due 4/10/2026; Imperial Star Solar served on 3/20/2026, answer due 4/10/2026; Nick Tran served on 3/20/2026, answer due 4/10/2026; Isabella Xu served on 3/20/2026, answer due 4/10/2026, filed. (th4) |
| Filing 8 First AMENDED COMPLAINT with Jury Demand against Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu filed by Bobby Kelly. (jld4) |
| Filing 7 Proof of Service by Bobby Kelly, filed. (jld4) |
| Filing 6 PS Form 3800, US Postal Service Certified Mail Receipts by Bobby Kelly, filed. (jld4) |
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Filing 5
ORDER granting conditionally #2 Motion for Leave to Proceed in forma pauperis.(Signed by Judge Alfred H Bennett) Parties notified. (jm4)
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| Summons Issued as to All Defendants. Issued summons delivered to plaintiff in person, filed. (jm4) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/28/2026 at 10:30 AM by video before Magistrate Judge Christina A Bryan. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (jld4)
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| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (jld4) |
| Filing 2 MOTION/APPLICATION to Proceed In Forma Pauperis by Bobby Kelly, filed. Motion Docket Date 3/16/2026. (jld4) |
| Filing 1 COMPLAINT against All Defendants filed by Bobby Kelly. (jld4) |
| Referral Judge Selected: Magistrate Judge Christina A. Bryan 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. (jld4) |
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