Castillo et al v. Northside American Federation of Teachers
| Amanda Ford and Elida Castillo |
| Northside American Federation of Teachers |
| 5:2021cv00233 |
| March 8, 2021 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 |
| None |
Docket Report
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This docket was last retrieved on May 4, 2021. A more recent docket listing may be available from PACER.
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Filing 12
ORDER AND ADVISORY, ( Scheduling Recommendations/Proposed Scheduling Order due by 6/4/2021,). Signed by Judge Xavier Rodriguez. (mgr)
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| Filing 11 Memorandum in Support, filed by Northside American Federation of Teachers, re #10 Unopposed MOTION to Set Aside Clerk's Entry of Default filed by Defendant Northside American Federation of Teachers of Northside AFT's Unopposed Motion to Set Aside Clerk's Entry of Default (Owen, Martha) |
| Filing 10 Unopposed MOTION to Set Aside Clerk's Entry of Default by Northside American Federation of Teachers. (Attachments: #1 Proposed Order)(Owen, Martha) |
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Text Order GRANTING #10 Defendant's Unopposed Motion to Set Aside entered by Judge Xavier Rodriguez. Defendant has proffered evidence that Plaintiff's service of process on Defendant was defective and thus that default was improperly entered. The Court further concludes that "good cause" exists for setting aside the entry of default under Rule 55(c). Defendant filed an answer demonstrating a meritorious defense on April 26, 2021. Plaintiff would not be prejudiced as a result of the Court setting aside the entry of default. There is no prejudice where, as here, setting aside an entry of default will do no harm to Plaintiff except to require him to prove his case. Accordingly, it is ORDERED that the default entered herein on April 23, 2021 #8 is hereby WITHDRAWN AND VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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| Filing 9 Defendant's Original ANSWER to #1 Complaint . Attorney Martha Powell Owen added to party Northside American Federation of Teachers(pty:dft) by Northside American Federation of Teachers.(Owen, Martha) |
| Filing 8 ***DOCUMENT WITHDRAWN PURSUANT TO ORDER DATED 04/29/2021***Clerk's ENTRY OF DEFAULT as to Northside American Federation of Teachers. (rg) Modified on 4/29/2021, to edit text (mgr). |
| Filing 7 MOTION for Entry of Default against Northside American Federation of Teachers by Elida Castillo, Amanda Ford. (Welmaker, Douglas) |
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Filing 6
ORDER Plaintiff is ORDERED to move for entry of default and default judgmentwithin 30 days of this Order. Signed by Judge Xavier Rodriguez. (rg)
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| Filing 5 SUMMONS Returned Executed by Amanda Ford, Elida Castillo. Northside American Federation of Teachers served on 3/31/2021, answer due 4/21/2021. (Welmaker, Douglas) |
| Filing 4 Summons Issued as to Northside American Federation of Teachers. (cd) |
| Case assigned to Judge Xavier Rodriguez. 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. (cd) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (cd) |
| Filing 3 Certificate of Interested Parties by Elida Castillo, Amanda Ford. (Welmaker, Douglas) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Elida Castillo, Amanda Ford. (Welmaker, Douglas) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-14566555), filed by Amanda Ford, Elida Castillo. (Attachments: #1 Civil Cover Sheet)(Welmaker, Douglas) |
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