Kelly v. Xu et al
Plaintiff: Bobby Kelly
Defendant: Isabella Xu, Imperial Star Solar, Nick Tran, Javier Zaldana and Nidia Cortes
Case Number: 4:2026cv01438
Filed: February 23, 2026
Court: U.S. District Court for the Southern District of Texas
Presiding Judge: Alfred H Bennett
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1983 Civil Rights (Employment Discrimination)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 15, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2026 Filing 14 Certified Mail Receipt re: #12 Motion to Strike and #13 Second Amended Complaint by Bobby Kelly, filed. (dm4)
April 14, 2026 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)
April 14, 2026 Filing 12 MOTION to Strike Defendants Motion to Dismiss. by Bobby Kelly, filed. Motion Docket Date 5/5/2026. (jld4)
April 10, 2026 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)
April 10, 2026 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)
March 23, 2026 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)
March 20, 2026 Filing 8 First AMENDED COMPLAINT with Jury Demand against Nidia Cortes, Imperial Star Solar, Nick Tran, Isabella Xu filed by Bobby Kelly. (jld4)
March 20, 2026 Filing 7 Proof of Service by Bobby Kelly, filed. (jld4)
March 20, 2026 Filing 6 PS Form 3800, US Postal Service Certified Mail Receipts by Bobby Kelly, filed. (jld4)
March 17, 2026 Opinion or Order Filing 5 ORDER granting conditionally #2 Motion for Leave to Proceed in forma pauperis.(Signed by Judge Alfred H Bennett) Parties notified. (jm4)
March 5, 2026 Summons Issued as to All Defendants. Issued summons delivered to plaintiff in person, filed. (jm4)
February 23, 2026 Opinion or Order 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)
February 23, 2026 Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (jld4)
February 23, 2026 Filing 2 MOTION/APPLICATION to Proceed In Forma Pauperis by Bobby Kelly, filed. Motion Docket Date 3/16/2026. (jld4)
February 23, 2026 Filing 1 COMPLAINT against All Defendants filed by Bobby Kelly. (jld4)
February 23, 2026 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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Plaintiff: Bobby Kelly
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Defendant: Isabella Xu
Represented By: Avishay Moshenberg
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Defendant: Imperial Star Solar
Represented By: Avishay Moshenberg
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Defendant: Nick Tran
Represented By: Avishay Moshenberg
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Defendant: Javier Zaldana
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Defendant: Nidia Cortes
Represented By: Avishay Moshenberg
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