Texas Western District Court
Judge:Jason K Pulliam
Referred: Henry J Bemporad
Case #: 5:24-cv-00212
Nature of Suit710 Labor - Fair Labor Standards Act
Cause29:201 Fair Labor Standards Act
Case Filed:Feb 28, 2024
Terminated:Sep 30, 2024
Last checked: Tuesday Aug 27, 2024 4:52 AM CDT
Defendant
El Toro Resources, LLC
Represented By
Kelly R. Koster
Bracewell LLP
contact info
Deryck Van Alstyne
Bracewell LLP
contact info
Plaintiff
Wendell Tibbs
Represented By
Allison Sarah Hartry
The Morales Firm, P.C.
contact info
Lawrence Morales, II
The Morales Law Firm
contact info


Docket last updated: 2 hours ago
Tuesday, October 01, 2024
17 17 2 pgs order Order Wed 10/02 4:10 PM
ORDER OF DISMISSAL--Accordingly, the Court accepts the stipulation of dismissal under Fed. R. Civ. P. 41(a)(1)(ii) and DISMISSES this action in its entirety with prejudice with respect to Plaintiffs individual, collective, and representative claims. As stipulated, both parties are responsible for their own costs and fees. To be perfectly clear, however, with respect to putative class members, the Court DISMISSES this action without prejudice to pursuit of their claims in a different case.Nothing in the stipulation indicates any release or waive of any rights of putative member of the collective action, other than the named Plaintiff. The Court DIRECTS the Clerk of Court to close this case.. Signed by Judge Jason K. Pulliam. (mgr)
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utility Case No Longer Referred to Magistrate Judge Wed 10/02 4:09 PM
CASE NO LONGER REFERRED to Magistrate Judge Henry J. Bemporad. (mgr)
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Monday, September 30, 2024
16 16 notice Notice of Voluntary Dismissal Mon 09/30 11:57 AM
NOTICE of Voluntary Dismissal by Wendell Tibbs (Hartry, Allison)
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Friday, July 12, 2024
15 15 adr ADR Report Filed - Consent to Alternate Dispute Resolution Fri 07/12 11:11 AM
ADR Report Filed - CONSENT to Alternate Dispute Resolution (ADR) by El Toro Resources, LLC(Koster, Kelly)
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Thursday, June 13, 2024
14 14 order Protective Order Thu 06/13 4:12 PM
CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Henry J. Bemporad. (vl)
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13 13 minutes Pretrial Conference - Initial Thu 06/13 4:10 PM
Minute Entry for proceedings held before Judge Henry J. Bemporad: Initial Pretrial Conference held on 6/13/2024 (Minute entry documents are not available electronically.). (Court Reporter Zoom.)(vl)
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12 12 order Scheduling Order Thu 06/13 4:04 PM
SCHEDULING ORDER: ADR Report Deadline due by 7/12/2024, ADR Mediation Completed by 12/31/2024, Amended Pleadings due by 8/12/2024, Discovery due by 12/13/2024, Motions due by 1/28/2025,. Signed by Judge Henry J. Bemporad. (vl)
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Tuesday, June 11, 2024
11 11 misc Non-Consent to Trial by US Magistrate Judge Tue 06/11 2:02 PM
NON-CONSENT to Trial by US Magistrate Judge by Wendell Tibbs. (Morales, Lawrence)
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10 10 misc Scheduling Recommendations/Proposed Scheduling Order Tue 06/11 1:58 PM
Scheduling Recommendations/Proposed Scheduling Order by Wendell Tibbs. (Morales, Lawrence)
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9 9 misc Rule 26(f) Discovery Report/Case Management Plan Tue 06/11 1:57 PM
Rule 26(f) Discovery Report/Case Management Plan by Wendell Tibbs. (Morales, Lawrence)
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Thursday, May 02, 2024
8 8 9 pgs order Order Setting/Resetting Initial Pretrial Conference Thu 05/02 4:43 PM
ORDER Setting Video Initial Pretrial ConferenceVideo Initial Pretrial Conference set for 6/13/2024 3:30 PM before Judge Henry J. Bemporad.. Signed by Judge Henry J. Bemporad. (mgr)
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7 7 answer Answer to Complaint Thu 05/02 2:02 PM
ANSWER to1 Complaint by El Toro Resources, LLC.(Koster, Kelly)
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Thursday, March 07, 2024
6 6 service Waiver of Service Executed Thu 03/07 1:38 PM
WAIVER OF SERVICE Returned Executed by Wendell Tibbs as to El Toro Resources, LLC. Waiver sent on 3/4/2024, answer due 5/3/2024. (Morales, Lawrence)
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Friday, March 01, 2024
5 5 4 pgs order Order Referring Case to Magistrate Judge Fri 03/01 10:31 AM
ORDER REFERRING CASE to Magistrate Judge Henry J. Bemporad. Signed by Judge Jason K. Pulliam. (mgr)
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4 4 5 pgs order Order Fri 03/01 6:04 AM
STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot1)
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Thursday, February 29, 2024
3 3 service Summons Issued Thu 02/29 9:49 AM
Summons Issued as to El Toro Resources, LLC. (rqr)
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Wednesday, February 28, 2024
2 2 service Request for Issuance of Summons Wed 02/28 1:42 PM
REQUEST FOR ISSUANCE OF SUMMONS by Wendell Tibbs. (Morales, Lawrence)
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1 1 cmp Complaint Wed 02/28 1:41 PM
COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-18470099), filed by Wendell Tibbs.(Morales, Lawrence)
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Att: 1 Exhibit Consent to Join,
Att: 2 Civil Cover Sheet
utility Case Assigned/Reassigned Thu 02/29 9:42 AM
Case assigned to Judge Jason K. Pulliam. 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. (rqr)
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misc To be Referred to SA Mag Judge Thu 02/29 9:43 AM
If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (rqr)
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