Kongmanichanh et al v. XTC Cabaret, Inc. et al
Plaintiff: Kitsada Kongmanichanh and Cassandra Farias
Defendant: XTC Cabaret, Inc. doing business as XTC Cabaret, Inc., RCI Entertainment (Texas), Inc, RCI Entertainment (Austin), Inc., RCI Hospitality Holdings, Inc., RCI Holdings, Inc., RCI Management Services, Inc. and Eric S. Langan
Case Number: 1:2023cv00288
Filed: March 16, 2023
Court: US District Court for the Western District of Texas
Presiding Judge: Alan D Albright
Referring Judge: Docket - Austin
2 Judge: Lee Yeakel
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2023 Opinion or Order Filing 33 SCHEDULING ORDER: Consent to Trial by Magistrate due by 11/30/2023, Pretrial Conference set for 10/17/2024 09:00 AM before Judge Alan D Albright, Jury Selection and Trial set for 11/4/2024 09:30AM before Judge Alan D Albright, Amended Pleadings due by 1/8/2024, Discovery due by 5/28/2024, Dispositive Motions due by 7/29/2024. Signed by Judge Alan D Albright. (pg)
October 31, 2023 Filing 32 Scheduling Recommendations/Proposed Scheduling Order (Agreed) by Cassandra Farias, Kitsada Kongmanichanh. (Montgomery, Leigh)
September 12, 2023 Opinion or Order Filing 31 ORDER REASSIGNING CASE. Case reassigned to Judge Alan D Albright for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (bot2)
June 20, 2023 Opinion or Order Filing 29 ORDER CANCELLING INITIAL PRETRIAL CONFERENCE BY TELEPHONE on Wednesday, June 21, 2023 at 09:30 AM is hereby CANCELLED until further order of the court. Signed by Judge Robert Pitman. (pg)
June 15, 2023 Filing 28 CONSENT to Trial by US Magistrate Judge by Eric S. Langan, RCI Entertainment (Austin), Inc., RCI Entertainment (Texas), Inc, RCI Holdings, Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc., XTC Cabaret, Inc.. (Wallace, Casey)
June 14, 2023 Filing 30 Initial Pretrial Conference set for 6/21/2023 09:30 AM to appear by Phone before Judge Robert Pitman. Signed by Judge Robert Pitman. (pg) (pg).
June 2, 2023 Filing 27 Proposed Scheduling Order Joint by Cassandra Farias, Kitsada Kongmanichanh. (Montgomery, Leigh)
May 18, 2023 Opinion or Order Filing 26 Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within sixty (60) days after the appearance of any defendant. Joint Proposed Scheduling Order on or before 6/2/2023. Signed by Judge Robert Pitman. (pg)
May 4, 2023 Opinion or Order Filing 25 ORDER REASSIGNING CASE. Case reassigned to Judge Docket II - Austin for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Robert Pitman. (bot2)
March 20, 2023 Filing 24 Case Transfer and Opening Letter sent to all Counsel. (cr5)
March 16, 2023 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (cr5)
March 16, 2023 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5)
March 16, 2023 Filing 23 Case electronically transferred in from Southern District of Texas-Houston; Case Number 4:22-cv-04303.
March 14, 2023 Opinion or Order Filing 22 ORDER TO TRANSFER CASE to Western District of Texas.(Signed by Judge Lee H Rosenthal) Parties notified.(KimberlyPicota, 4) [Transferred from Texas Southern on 3/16/2023.]
March 14, 2023 Interdistrict transfer to Western District of Texas. Case transferred electronically. Case terminated on 3/14/2023, filed. (KimberlyPicota, 4) [Transferred from Texas Southern on 3/16/2023.]
March 10, 2023 Filing 21 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on March 10, 2023, by Zoom. The court will separately enter an order transferring this case to the Western District of Texas. Appearances: Leigh Montgomery for Pltfs. and Casey Wallace/Drew Dixson for Deft.(Court Reporter: D. Smith), filed.(leddins, 4) [Transferred from Texas Southern on 3/16/2023.]
March 8, 2023 The IPTC set for 3/10/23 is terminated. The parties agreed to proceed to the Magistrate judge. Form emailed for signatures. IPTC to be reset before Judge Sheldon. (leddins, 4) [Transferred from Texas Southern on 3/16/2023.]
March 8, 2023 ***Set/Reset Hearings: Initial Conference set for 3/10/2023 at 11:10 AM in by video before Judge Lee H Rosenthal. The parties did not agree to consent to proceed to the magistrate judge. (leddins, 4) [Transferred from Texas Southern on 3/16/2023.]
February 24, 2023 Filing 20 PROPOSED ORDER Scheduling and Docket Control Order, filed.(Wallace, Casey) [Transferred from Texas Southern on 3/16/2023.]
February 24, 2023 Filing 19 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Eric S. Langan, RCI Entertainment (Austin), Inc., RCI Entertainment (Texas), Inc, RCI Holdings, Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc., XTC Cabaret, Inc., filed.(Wallace, Casey) [Transferred from Texas Southern on 3/16/2023.]
February 24, 2023 Filing 18 DEMAND for Trial by Jury by Eric S. Langan, RCI Entertainment (Austin), Inc., RCI Entertainment (Texas), Inc, RCI Holdings, Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc., XTC Cabaret, Inc., filed.(Allen, Benjamin) [Transferred from Texas Southern on 3/16/2023.]
February 23, 2023 Filing 17 CERTIFICATE OF INTERESTED PARTIES by Eric S. Langan, RCI Entertainment (Austin), Inc., RCI Entertainment (Texas), Inc, RCI Holdings, Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc., XTC Cabaret, Inc., filed.(Allen, Benjamin) [Transferred from Texas Southern on 3/16/2023.]
February 22, 2023 Filing 16 CERTIFICATE OF INTERESTED PARTIES by Cassandra Farias, Kitsada Kongmanichanh, filed.(Montgomery, Leigh) [Transferred from Texas Southern on 3/16/2023.]
February 15, 2023 Filing 15 ANSWER to #1 Complaint, by Eric S. Langan, RCI Entertainment (Austin), Inc., RCI Entertainment (Texas), Inc, RCI Holdings, Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc., XTC Cabaret, Inc., filed.(Allen, Benjamin) [Transferred from Texas Southern on 3/16/2023.]
January 26, 2023 Filing 14 RETURN of Service of SUMMONS Executed as to XTC Cabaret, Inc. served on 1/25/2023, answer due 2/15/2023, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
January 26, 2023 Filing 13 RETURN of Service of SUMMONS Executed as to RCI Management Services, Inc. served on 1/25/2023, answer due 2/15/2023, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
January 26, 2023 Filing 12 RETURN of Service of SUMMONS Executed as to RCI Hospitality Holdings, Inc. served on 1/25/2023, answer due 2/15/2023, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
January 26, 2023 Filing 11 RETURN of Service of SUMMONS Executed as to RCI Holdings, Inc. served on 1/25/2023, answer due 2/15/2023, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
January 26, 2023 Filing 10 RETURN of Service of SUMMONS Executed as to RCI Entertainment (Texas), Inc served on 1/25/2023, answer due 2/15/2023, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
January 26, 2023 Filing 9 RETURN of Service of SUMMONS Executed as to RCI Entertainment (Austin), Inc. served on 1/25/2023, answer due 2/15/2023, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
January 26, 2023 Filing 8 RETURN of Service of SUMMONS Executed as to Eric S. Langan served on 1/25/2023, answer due 2/15/2023, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
December 16, 2022 Filing 7 Summons Issued as to Eric S. Langan. Issued summons delivered to plaintiff by NEF, filed. (RachelWillborg, 4) [Transferred from Texas Southern on 3/16/2023.]
December 16, 2022 Opinion or Order Filing 6 ORDER on Initial Discovery Protocols for FLSA.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) [Transferred from Texas Southern on 3/16/2023.]
December 15, 2022 Filing 5 Request for Issuance of Summons as to Eric S. Langan, filed.(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
December 15, 2022 Filing 4 Summons Issued as to RCI Entertainment (Austin), Inc., RCI Entertainment (Texas), Inc, RCI Holdings, Inc., RCI Hospitality Holdings, Inc., RCI Management Services, Inc., XTC Cabaret, Inc.. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons). (RachelWillborg, 4) [Transferred from Texas Southern on 3/16/2023.]
December 15, 2022 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 3/10/2023 at 11:20 PM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(AkeitaMichael, 4) [Transferred from Texas Southern on 3/16/2023.]
December 15, 2022 Summons Not Issued as to Eric S. Langan due to these deficiencies: Defendant's address not listed on summons. Attorney or Plaintiff notified of deficiencies by NEF, filed. (RachelWillborg, 4) [Transferred from Texas Southern on 3/16/2023.]
December 14, 2022 Filing 2 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Exhibit Summons for RCI Entertainment (Austin), Inc., #2 Exhibit Summons for RCI Entertainment (Texas), Inc., #3 Exhibit Summons for RCI Hospitality Holdings, Inc., #4 Exhibit Summons for RCI Holdings, Inc., #5 Exhibit Summons for RCI Management Services, Inc., #6 Exhibit Summons for XTC Cabaret, Inc.)(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]
December 13, 2022 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number BTXSDC-29190810) filed by Kitsada Kongmanichanh, Cassandra Farias. (Attachments: #1 Exhibit 1, Consent Form, #2 Exhibit 2, Consent Form, #3 Civil Cover Sheet)(Ellzey, Jarrett) [Transferred from Texas Southern on 3/16/2023.]

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Plaintiff: Kitsada Kongmanichanh
Represented By: Alexander G. Kykta
Represented By: Leigh S. Montgomery
Represented By: Jarrett Lee Ellzey
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Plaintiff: Cassandra Farias
Represented By: Leigh S. Montgomery
Represented By: Alexander G. Kykta
Represented By: Jarrett Lee Ellzey
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Defendant: XTC Cabaret, Inc. doing business as XTC Cabaret, Inc.
Represented By: Benjamin Allen
Represented By: Casey T. Wallace
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Defendant: RCI Entertainment (Texas), Inc
Represented By: Benjamin Allen
Represented By: Casey T. Wallace
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Defendant: RCI Entertainment (Austin), Inc.
Represented By: Benjamin Allen
Represented By: Casey T. Wallace
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Defendant: RCI Hospitality Holdings, Inc.
Represented By: Benjamin Allen
Represented By: Casey T. Wallace
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Defendant: RCI Holdings, Inc.
Represented By: Benjamin Allen
Represented By: Casey T. Wallace
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Defendant: RCI Management Services, Inc.
Represented By: Benjamin Allen
Represented By: Casey T. Wallace
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Defendant: Eric S. Langan
Represented By: Benjamin Allen
Represented By: Casey T. Wallace
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