Secretary of Labor v. Cactus Canyon Quarries, Inc. et al
| Julie A. Su |
| Cactus Canyon Quarries, Inc. and Jack Andy Carson |
| 1:2023cv01147 |
| September 25, 2023 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Other Statutory Actions |
| 30 U.S.C. § 0801 Penalities/Federal Mine Safety Health Act |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER, IT IS ORDERED that DOL's motion for a preliminary injunction, (dkt. #3 ), is GRANTED. IT IS FURTHER ORDERED that DOL's motion to dismiss counterclaims, (Dkt. #13 ), is MOOT.IT IS FURTHER ORDERED that Defendant/Counter-Plaintiffs' counterclaims are DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Defendants' motion to dismiss, (Dkt. #10 ), is DENIED. IT IS FINALLY ORDERED that Defendants' motion to exclude, (Dkt. #15 ), is DENIED. Signed by Judge Robert Pitman. (pg)
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| Filing 20 Memorandum in Support of Denial of Plaintiff's Claim for Injunctive Relief by Cactus Canyon Quarries, Inc., Jack Andy Carson. (Carson, Andy) |
| Filing 19 EXHIBIT LIST for Julie A. Su. as to #17 Motion Hearing. (Attachments: #1 Plaintiffs Exhibits)(klw) |
| Filing 18 Witness List for by Julie A. Su for #17 Motion Hearing.(klw) |
| Filing 17 Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 11/14/2023 re #3 MOTION for Preliminary Injunction (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(klw) |
| Filing 16 AMENDED COUNTERCLAIM against Julie A. Su amending #11 Answer to Complaint,, Counterclaim,., filed by Cactus Canyon Quarries, Inc.. (Attachments: #1 Proposed Order)(Carson, Andy) |
| Filing 15 MOTION to Exclude Objections to Affidavit by Cactus Canyon Quarries, Inc.. (Attachments: #1 Proposed Order)(Carson, Andy) |
| Filing 14 Response in Opposition to Motion, filed by Julie A. Su, re #10 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Counter Plaintiff Jack Andy Carson, Counter Plaintiff Cactus Canyon Quarries, Inc. (Terrell, Mia) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction Defendants' Counterclaim by Julie A. Su. (Attachments: #1 Exhibit Ex. 1 Declaration of William O'Dell, #2 Proposed Order Proposed Order)(Terrell, Mia) |
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Filing 12
ORDER Setting Hearing on #3 MOTION for Preliminary Injunction : Motion Hearing set for 11/14/2023 09:30 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (pg)
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| Filing 11 ANSWER to #1 Complaint, , COUNTERCLAIM against Julie A. Su by Jack Andy Carson, Cactus Canyon Quarries, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit Ex. 2, #3 Exhibit Ex. 4, #4 Exhibit Ex. 5, CENT 2023-0068, #5 Exhibit EX. 6, #6 Exhibit Ex. 7, #7 Exhibit Ex. 8, #8 Exhibit Ex. 9, #9 Exhibit Ex. 10, #10 Exhibit Ex. 12)(Carson, Andy) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim , MOTION for More Definite Statement by Cactus Canyon Quarries, Inc., Jack Andy Carson. (Attachments: #1 Exhibit Declaration for Motions, 10-16-23, #2 Exhibit Permanent Closure Mine ID 41-0009, #3 Exhibit FOIA Response re Mine ID 41-0009, #4 Exhibit Declaration, History of Fairland Plant)(Carson, Andy) |
| Filing 9 Summons Issued as to Jack Andy Carson. (pg) |
| Filing 8 Summons Issued as to Cactus Canyon Quarries, Inc. (pg) |
| Filing 7 Minute Entry for proceedings held before Judge Robert Pitman: Telephone Conference held on 9/26/2023 (Minute entry documents are not available electronically.). (Court Reporter ATT Teleconf. Line.)(pg) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS by Julie A. Su. to Jack Andy Carson (Terrell, Mia) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS by Julie A. Su. to Cactus Canyon Quarries, Inc. (Terrell, Mia) |
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Filing 4
ORDER ( Telephone Conference set for 9/26/2023 09:00 AM before Judge Robert Pitman). Signed by Judge Robert Pitman. (pg)
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| Filing 3 MOTION for Preliminary Injunction by Secretary of Labor. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Terrell, Mia) |
| Filing 2 JS44 (Civil Cover Sheet) submitted by Secretary of Labor. (Terrell, Mia) |
| Filing 1 COMPLAINT for Injunctive Relief 30 U.S.C. 818(a)(1) and 28 U.S.C. 1331 (Filing fee $ 402.). No Summons requested at this time, filed by Secretary of Labor. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Terrell, Mia) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell (pg) |
| Case assigned to Judge Robert Pitman. 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. (pg) |
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