Langen v. Crescent Drilling and Production, Inc.
| Kevin Langen, Fritz John Hoeflein, III and Raul Solis, III |
| Crescent Drilling and Production, Inc. |
| 5:2019cv00320 |
| March 29, 2019 |
| US District Court for the Western District of Texas |
| Fred Biery |
| Elizabeth S Chestney |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
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Filing 57
ORDER OF ADMINISTRATIVE CLOSURE. Signed by Judge Fred Biery. (bc) Modified on 12/9/2019 To edit text (bc).
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| Notice of Correction: ***NOTIFIED ALL PARTIES THAT THE ENTRY WAS MODIFIED TO EDIT THE TEXT*** re #57 Order Dismissing Case, Terminate Motions, Terminate Hearings. (bc) |
| Filing 56 PDF with attached Audio File. Court Date & Time [ 10/4/2019 9:28:51 AM ]. File Size [ 14573 KB ]. Run Time [ 00:30:22 ]. (admin). |
| Filing 55 ADVISORY TO THE COURT by Kevin Langen. (Schreiber, Richard) |
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Filing 54
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #29 Sealed Report and Recommendations re: DENYING #17 Motion to Dismiss,, Motion to Strike, filed by Kevin Langen. Signed by Judge Fred Biery. (mgr)
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| Filing 53 Transcript filed of Proceedings held on 10/4/2019, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Chris Poage, Telephone number: 210-244-5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/28/2019, Redacted Transcript Deadline set for 11/7/2019, Release of Transcript Restriction set for 1/6/2020, (cp) |
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Filing 52
ORDER SEVERING AND STAYING CASE - ORDER GRANTING #43 Motion to Stay Case. ORDERED that the District Court SEVER the claims of Plaintiff Langen from the claims of the opt-in Plaintiffs Fritz John Hoeflein, III and Raul Solis, III. IT IS FURTHER ORDERED that the District Clerk open a new cause number with respect to the claims of opt-in Plaintiffs Fritz John Hoeflein, III and Raul Solis, III and assign the new cause of action to the Honorable Fred Biery with the associated Magistrate Judge as Elizabeth S. (Betsy) Chestney. IT IS FURTHER ORDERED that Hoflein and Solis file an Amended Complaint within14 days of this Order in the new cause of action designating themselves as lead Plaintiffs in the proposed FLSA collective action and removing the claims of Langen. IT IS FINALLY ORDERED that counsel for Langen file an Advisory with the Court upon the appointment of an administrator of Langens estate such that the stay may be lifted and a deadline for response to Defendants motion for summary judgment may be imposed. If no administrator is appointed on or before December 4, 2019, Plaintiff should file an advisory informing the Court of the same. Signed by Judge Elizabeth S. Chestney. (rg)
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| Filing 51 Minute Entry for proceedings held before Judge Elizabeth S. Chestney: Status Conference held on 10/4/2019. (Minute entry documents are not available electronically.). (Court Reporter ftr gold.)(rg) |
| Filing 50 Sur-reply to Motion, filed by Crescent Drilling and Production, Inc., re #43 MOTION to Stay Proceedings as to Plaintiff Langen filed by Plaintiff Kevin Langen (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Temple, Mark) |
| Filing 49 REPLY to Response to Motion, filed by Kevin Langen, re #43 MOTION to Stay Proceedings as to Plaintiff Langen filed by Plaintiff Kevin Langen (Schreiber, Richard) |
| Filing 48 WITNESS/EXHIBIT/EXPERT LIST by Crescent Drilling and Production, Inc. . (Temple, Mark) |
| Filing 47 Response in Opposition to Motion, filed by Crescent Drilling and Production, Inc., re #43 MOTION to Stay Proceedings as to Plaintiff Langen filed by Plaintiff Kevin Langen (Attachments: #1 Proposed Order)(Temple, Mark) |
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Text Order GRANTING #44 Motion for Extension of Time to File Response/Reply entered by Judge Elizabeth S. Chestney. The Court will address the impact of Langen's death on the pending motion for summary judgment and the deadline for Plaintiffs' response thereto at the status conference scheduled for October 4, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 46
ORDER SETTING STATUS CONFERENCE (Telephonic Status Conference set for 10/4/2019 9:30 AM before Judge Elizabeth S. Chestney). Signed by Judge Elizabeth S. Chestney. (rg)
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| Filing 45 ADVISORY TO THE COURT by Crescent Drilling and Production, Inc.. (Temple, Mark) |
| Filing 44 Opposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Kevin Langen. (Attachments: #1 Exhibit 1, #2 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Schreiber, Richard) |
| Filing 43 MOTION to Stay Proceedings as to Plaintiff Langen by Kevin Langen. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Schreiber, Richard) |
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Filing 42
ORDER re #41 Suggestion of Death filed by Kevin Langen. Signed by Judge Elizabeth S. Chestney. (aej)
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| Filing 41 SUGGESTION OF DEATH as to Kevin Langen . (Attachments: #1 Exhibit 1 - Langen Obituary)(Schreiber, Richard) |
| Filing 40 MOTION for Summary Judgment (Redacted Version) by Crescent Drilling and Production, Inc.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2, #3 Exhibit 3 (Redacted), #4 Proposed Order (Redacted)). Motions referred to Judge Elizabeth S. Chestney. (Temple, Mark) Modified on 9/10/2019 to term redacted motion (aej). |
| Filing 39 NOTICE of Filing Notice of Consent by Kevin Langen (Schreiber, Richard) |
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Filing 38
ORDER re #37 Sealed Motion filed filed by Crescent Drilling and Production, Inc. Signed by Judge Elizabeth S. Chestney. (aej)
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| Filing 37 Sealed Motion filed. Referral Judge: Elizabeth S. Chestney. (Attachments: #1 Sealed Document, #2 Sealed Document, #3 Sealed Document, #4 Sealed Document) (mgr) |
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Text Order GRANTING #35 Motion for Leave to File Sealed Document entered by Judge Elizabeth S. Chestney. The Court will issue an order by separate docket entry directing the parties to supplement the record with a redacted version of the sealed motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm) Modified on 8/30/2019, to edit text (mgr).
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| Filing 36 Minute Entry for proceedings held before Judge Elizabeth S. Chestney: Status Conference held on 8/27/2019 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(aej) |
| Filing 35 Unopposed Motion for leave to File Sealed Document. Referral Judge: Elizabeth S. Chestney. (Attachments: #1 Proposed Order, #2 Sealed Document Motion, #3 Sealed Document Exhibit 1 to Motion, #4 Sealed Document Exhibit 2 to Motion, #5 Sealed Document Exhibit 3 to Motion, #6 Sealed Document Proposed Order to Motion) (Temple, Mark) |
| Filing 34 NOTICE of Filing Notice of Consent by Kevin Langen (Schreiber, Richard) |
| Filing 33 NOTICE of Attorney Appearance by Richard J. Burch on behalf of Kevin Langen (Burch, Richard) |
| Filing 32 ADR Report Filed - Joint Alternative Dispute Resolution Report by Crescent Drilling and Production, Inc.(Temple, Mark) |
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Filing 31
ORDER, ( Status Conference set for 8/27/2019 1:00 PM before Judge Elizabeth S. Chestney). Signed by Judge Elizabeth S. Chestney. (aej)
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| Motions No Longer Referred: #17 MOTION to Dismiss Under Rule 12(B)(1) and 12(B)(6) MOTION to Strike #7 Answer to Complaint, Counterclaim (rf) |
| Filing 30 ADVISORY TO THE COURT by Crescent Drilling and Production, Inc.. (Temple, Mark) |
| Filing 29 Sealed Report and Recommendation filed. Emailed to all attorneys (aej) |
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Filing 28
SCHEDULING ORDER:( ADR Report Deadline due by 8/19/2019, Amended Pleadings due by 9/3/2019, Discovery due by 12/30/2019, Joinder of Parties due by 9/3/2019, Motions due by 1/30/2020) Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Elizabeth S. Chestney. (aej)
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Filing 27
ORDER. Signed by Judge Elizabeth S. Chestney. (aej)
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| Filing 26 Minute Entry for proceedings held before Judge Elizabeth S. Chestney: Pretrial Conference held on 7/26/2019 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(aej) |
| Filing 25 Scheduling Recommendations by Crescent Drilling and Production, Inc.. (Temple, Mark) |
| Filing 24 Rule 26(f) Discovery Report/Case Management Plan by Crescent Drilling and Production, Inc.. (Temple, Mark) |
| Filing 23 Sealed Document filed as unredacted copy of #21 Response in Opposition to Motion (aej) |
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Text Order GRANTING #22 Motion for Leave to File Sealed Document entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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| Filing 22 Motion for leave to File Sealed Document. Referral Judge: Elizabeth S. Chestney. (Attachments: #1 Sealed Document, #2 Proposed Order) (Temple, Mark) |
| Filing 21 Response in Opposition to Motion, filed by Crescent Drilling and Production, Inc., re #17 MOTION to Dismiss Under Rule 12(B)(1) and 12(B)(6) MOTION to Strike #7 Answer to Complaint, Counterclaim filed by Plaintiff Kevin Langen (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Temple, Mark) |
| Filing 20 Sealed Document filed as unredacted copy of #17 Motion. Referral Judge: Elizabeth S. Chestney. (aej) Modified on 5/30/2019 (aej). |
| Filing 19 ***DISREGARD - FILED IN ERROR***Sealed Motion filed. Referral Judge: Elizabeth S. Chestney. (aej) Modified on 5/30/2019 (aej). |
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Text Order MOOTING #16 Motion for Leave to File Sealed Document entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Text Order GRANTING #18 Motion for Leave to File Sealed Document entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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| Filing 18 Unopposed Motion for leave to File Sealed Document. Referral Judge: Elizabeth S. Chestney. (Attachments: #1 Sealed Document, #2 Proposed Order) (Schreiber, Richard) |
| Filing 17 MOTION to Dismiss Under Rule 12(B)(1) and 12(B)(6), MOTION to Strike #7 Answer to Complaint, Counterclaim by Kevin Langen. (Attachments: #1 Exhibit A - Third Party Complaint, #2 Exhibit B - Master Service Agreement). Motions referred to Judge Elizabeth S. Chestney. (Schreiber, Richard) |
| Filing 16 Unopposed Motion for leave to File Sealed Document. Referral Judge: Elizabeth S. Chestney. (Attachments: #1 Sealed Document, #2 Proposed Order) (Schreiber, Richard) |
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Text Order GRANTING #8 Motion for Leave to File Sealed Document entered by Judge Elizabeth S. Chestney. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 15
ORDER, (Proposed Scheduling Order due by 7/25/2019, Pretrial Conference set for 7/26/2019 10:30 AM before Judge Elizabeth S. Chestney). Signed by Judge Elizabeth S. Chestney. (aej)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Fred Biery. Referral Magistrate Judge: Elizabeth S. Chestney. (aej)
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| Filing 13 COURT ADVISORY CONCERNING DISCOVERY. Signed by Judge Fred Biery. (aej) |
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Filing 12
Order for Scheduling Recommendations and Advisory Concerning Assignment of Magistrate Judge. Proposed scheduling order due to the Court within sixty (60) days of the date of this Order. Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Fred Biery. (aej)
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| Filing 11 ATTACHMENT of Proposed Order to #8 Unopposed Motion for leave to File Sealed Document by Crescent Drilling and Production, Inc.. (Temple, Mark) |
| Filing 10 DEFICIENCY NOTICE:***NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - MISSING PROPOSED ORDER*** re #8 Unopposed Motion for leave to File Sealed Document (aej) |
| Filing 9 RULE 7 DISCLOSURE STATEMENT filed by Crescent Drilling and Production, Inc.. (Temple, Mark) |
| Filing 8 ***DOCUMENT DEFICIENT - MISSING PROPOSED ORDER***Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document) (Temple, Mark) Modified on 5/7/2019 (aej). |
| Filing 7 ANSWER to #1 Complaint , COUNTERCLAIM against Kevin Langen by Crescent Drilling and Production, Inc..(Temple, Mark) (Additional attachment(s) added on 5/13/2019: #1 Exhibit) (aej). |
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Filing 6
ORDER GRANTING #5 Motion for Extension of Time to Answer ; Crescent Drilling and Production, Inc. answer due 5/6/2019. Signed by Judge Fred Biery. (aej)
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| Filing 5 Unopposed MOTION for Extension of Time to File Answer by Crescent Drilling and Production, Inc.. (Attachments: #1 Proposed Order)(Temple, Mark) |
| Filing 4 SUMMONS Returned Executed by Kevin Langen. Crescent Drilling and Production, Inc. served on 4/1/2019, answer due 4/22/2019. (Josephson, Michael) |
| Filing 3 Summons Issued as to Crescent Drilling and Production, Inc. (aej) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Kevin Langen. (Josephson, Michael) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-11940111), filed by Kevin Langen. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A - Consent)(Josephson, Michael) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (aej) |
| Case assigned to Judge Fred Biery. 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. (aej) |
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