Stephenson et al v. Rackspace Technology, Inc
| Garrett Stephenson and Gateway Recruiting, LLC |
| Rackspace Technology, Inc |
| Chris Ondo, Q Industries, Inc., John Moser, David Lethe, Jake Vinson, VOIP Citadel, LLC and Richard Ackerman |
| Dana Moser Wilkinson |
| 5:2022cv01296 |
| December 5, 2022 |
| U.S. District Court for the Western District of Texas |
| Xavier Rodriguez |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 MOTION to Compel Individual Arbitration and Dismiss or, Alternatively, Stay Litigation by Rackspace Technology, Inc. (Attachments: #1 Affidavit Declaration of A. Marroquin, #2 Affidavit Declaration of J. Prewitt, #3 Proposed Order Defendant's Motion to Compel Individual Arbitration and Dismiss or, Alternatively, Stay Litigation)(Webb, Jeffrey) |
Text Order GRANTING #22 Motion for Entry of Case Management Order entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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| Filing 22 MOTION Motion for Entry of Case Management Order #1 by Garrett Stephenson. (Cole, Scott) |
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Filing 21
ORDER --As stated in open court at the status conference held on January 13, 2023, the deadline for Defendant to answer, move, or otherwise respond to the Lethe Complaint is hereby extended to February 2, 2023. Signed by Judge Xavier Rodriguez. (mgr)
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| Filing 20 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 1/13/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(mgr) |
| Filing 19 SUPPLEMENT to #16 Status Report by Garrett Stephenson. (Cole, Scott) |
| Filing 18 SUMMONS Returned Executed by David Lethe, Rackspace Technology, Inc served on 1/3/2023, answer due 1/24/2023. . From case number 5:22-cv-1378 (Branscum, Debbie) Modified on 1/10/2023 TO edit text (bc). |
| Notice of Correction: ***NOTIFIED ALL PARTIES THAT THE ENTRIES WERE MODIFIED TO CHANGE THE EVENT NAME TO SUMMONS AND UPDATE THE SERVICE AND ANSWER DUE DATES.*** re #18 Certificate of Service, #17 Certificate of Service. (bc) |
| Filing 17 SUMMONS Returned Executed by Chris Ondo, Rackspace Technology, Inc served on 12/19/2022, answer due 1/9/2023. . From case number 5:22-cv-1306 (Ellis, Jon) Modified on 1/10/2023 To edit text (bc). |
| Filing 16 STATUS REPORT Plaintiffs' Status Conference Statement by Garrett Stephenson. (Cole, Scott) |
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Text Order GRANTING #15 Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. The deadline for Defendant to answer, move, or otherwise respond to the Stephenson and Ondo Plaintiffs' Consolidated and Amended Class Action Complaint and to the Q Industries Plaintiffs' Complaint is hereby extended until February 2, 2023. If Defendant's initial response is a motion or other filing that requires or permits responsive briefing, (1) Plaintiffs' deadline to respond to such motion shall be extended by fifteen (15) days, thereby allowing Plaintiffs a total of twenty-nine (29) days to respond to Defendants initial responsive filing, and (2) Defendant's deadline to file a reply shall be extended by seven (7) days, thereby allowing Defendant a total of fourteen (14) days following Plaintiffs' response to file a reply in support of its motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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| Filing 15 Amended MOTION for Extension of Time to File Answer re #11 Amended Complaint and Proposed Briefing Schedule (Agreed) by Rackspace Technology, Inc. (Attachments: #1 Proposed Order regarding Amended Agreed Motion for Extension of Time for Defendant's Responsive Pleading and Proposed Briefing Schedule)(Webb, Jeffrey) |
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Filing 14
ORDER --The Court hereby ORDERS that SA-22-CV-01378-XR be consolidated into the lead case, SA-22-CV-01296-XR, which was first filed. It is FURTHER ORDERED that all future filings be filed in SA-22-CV-01296-XR. Given these circumstances, the Court concludes that SA-22-CV-01378-XR is appropriate for administrative closure. See Mire v. Full Spectrum Lending, Inc., 389 F.3d 163, 167 (5th Cir. 2014). The Clerks Office is therefore DIRECTED to administratively close SA-22-CV-01378-XR pending further order of the Court.. Signed by Judge Xavier Rodriguez. (mgr)
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Filing 13
ORDER CONSOLIDATING CASES AND SETTING STATUS CONFERENCE--For the foregoing reasons, Plaintiffs motion to consolidate and motion to appoint interimclass counsel filed in SA-22-CV-01322-XR (ECF No. 8) is hereby GRANTED IN PART and DENIED IN PART. The Court hereby ORDERS that SA-22-CV-01322-XR be consolidated into the lead case, SA-22-CV-01296-XR, which was first filed. It is FURTHER ORDERED that all future filings be filed in SA-22-CV-01296-XR. ( Status Conference set for 1/13/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (mgr)
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| Filing 12 Agreed MOTION for Extension of Time to File Answer and Proposed Briefing Schedule by Rackspace Technology, Inc. (O'Donnell, Michael) |
| Filing 11 AMENDED COMPLAINT against Rackspace Technology, Inc amending, filed by Garrett Stephenson, Gateway Recruiting, LLC.(Cole, Scott) |
| Filing 10 SUMMONS Returned Executed by Garrett Stephenson, Gateway Recruiting, LLC. Rackspace Technology, Inc served on 12/12/2022, answer due 1/3/2023. (Bolce, Cody) |
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Filing 9
AMENDED ORDER--The Court hereby ORDERS that SA-22-CV-01306-XR be consolidated into the lead case, SA-22-CV-01296-XR, which was first filed. It is FURTHER ORDERED that all future filings be filed in SA-22-CV-01296-XR. Given these circumstances, the Court concludes that SA-22-CV-01306-XR is appropriatefor administrative closure. See Mire v. Full Spectrum Lending, Inc., 389 F.3d 163, 167 (5th Cir. 2014). The Clerks Office is therefore DIRECTED to administratively close SA-22-CV-01306-XR pending further order of the Court.It is further ORDERED that Scott Edward Cole of Cole & Van Note shall be appointed interim lead counsel for the consolidated cases; and Jon Ellis of Sadovsky & Ellis, PLLC shall be appointed liaison counsel for the consolidated cases. Signed by Judge Xavier Rodriguez. (mgr) (Main Document 9 replaced on 12/14/2022) (mgr).
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Filing 8
ORDER GRANTING #5 Motion to Consolidate Cases. Plaintiffs motion to consolidate and motion to appoint interim class counsel filed in SA-22-CV-01296-XR (ECF No. 5) is hereby GRANTED. The Court hereby ORDERS that SA-22-CV-00989-XR be consolidated into the lead case, SA-22-CV-00624-XR, which was first filed. It is FURTHER ORDERED that all futurefilings be filed in SA-22-CV-00624-XR Signed by Judge Xavier Rodriguez. (mgr)
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Text Order GRANTING #7 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cb)
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| Filing 7 MOTION to Appear Pro Hac Vice by Scott Edward Cole on behalf of Laura Van Note ( Filing fee $ 100 receipt number ATXWDC-16845158) by on behalf of Garrett Stephenson. (Attachments: #1 Proposed Order)(Cole, Scott) |
| Filing 6 Summons Issued as to Rackspace Technology, Inc. (mgr) |
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Text Order GRANTING #4 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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Text Order GRANTING #3 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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| Filing 5 Joint MOTION to Consolidate Cases and for Order Granting Appointment of Interim Lead Counsel and Liaison Counsel by Gateway Recruiting, LLC, Garrett Stephenson. (Attachments: #1 Exhibit Declaration of Scott E. Cole, #2 Exhibit Declaration of Ronald W. Armstrong, II, #3 Exhibit Declaration of Jon B. Ellis, #4 Proposed Order)(Armstrong, Ronald) |
| Filing 4 MOTION to Appear Pro Hac Vice by Ronald W. Armstrong, II on behalf of Cody Alexander Bolce ( Filing fee $ 100 receipt number ATXWDC-16833975) by on behalf of Gateway Recruiting, LLC, Garrett Stephenson. (Attachments: #1 Proposed Order)(Armstrong, Ronald) |
| Filing 3 MOTION to Appear Pro Hac Vice by Ronald W. Armstrong, II on behalf of Scott Edward Cole ( Filing fee $ 100 receipt number ATXWDC-16833973) by on behalf of Gateway Recruiting, LLC, Garrett Stephenson. (Attachments: #1 Proposed Order)(Armstrong, Ronald) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (mgr) |
| 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. (mgr) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Gateway Recruiting, LLC, Garrett Stephenson. (Armstrong, Ronald) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-16815419), filed by Garrett Stephenson, Gateway Recruiting, LLC. (Attachments: #1 Civil Cover Sheet)(Armstrong, Ronald) |
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