| Court: | txed |
| Docket #: | 1:15-cv-00471 |
| Case Name: | Barton v. Total Petrochemicals USA, Inc |
| PACER case #: | 164869 |
| Date filed: | 2015-12-04 |
| Assigned to: | Judge Ron Clark |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 791 Labor: E.R.I.S.A. |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| James Robert Barton, Jr Plaintiff on behalf of himself and a class of persons similarly situated |
Jill Swearingen Pierce Jane Swearingen Leger Mark Christopher Sparks |
| Total Petrochemicals USA, Inc Defendant |
N. Scott Fletcher John Laurens Wilkes Sara Rachel Pikofsky |
| Total Finance USA, Inc. Defendant |
John Laurens Wilkes |
| Carolyn Sanders Defendant |
|
| Isabelle Kieffer Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-12-04 | 1 | 0 | COMPLAINT against Total Petrochemicals USA, Inc ( Filing fee $ 400 receipt number 0540-5513444.), filed by James Robert Barton. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Pierce, Jill) (Entered: 12/04/2015) | 2016-05-14 16:13:38 | 4fa1a09383fdc826b892283448f1b4dd0bd713df | |
| 1 | 1 | Civil Cover Sheet Civil Cover Sheet | ||||
| 2015-12-09 | 2 | 0 | SUMMONS Issued as to Total Petrochemicals USA, Inc and returned to pltf's attorney by direct email for service. (tkd, ) (Entered: 12/09/2015) | |||
| 2015-12-28 | 3 | 0 | Constable's Return of Service Executed as to Total Petrochemicals USA, Inc on 12/15/2015, answer due 1/5/2016. (tkd, ) (Entered: 12/29/2015) | |||
| 2016-01-05 | 4 | 0 | MOTION to Dismiss for Failure to State a Claim by Total Petrochemicals USA, Inc. (Attachments: # 1 Affidavit Declaration of Paul Hinton, # 2 Exhibit 01 - Feb. 2014 TPRI Capital Accumulation Plan, # 3 Exhibit 02 - Oct. 2005 TPRI Capital Accumulation Plan, # 4 Exhibit 03 - July 2015 TPRI Capital Accumulation Plan, # 5 Exhibit 04 - Jan. 2015 TPRI Capital Accumulation Plan, # 6 Exhibit 05 - Jan. 2015 Board Resolution, # 7 Exhibit 06 - July 2015 Board Resolution, # 8 Exhibit 07 - TPRI Update on Special Withdrawal Period, # 9 Exhibit 08 - Notice Concerning Rights, # 10 Exhibit 09 - Default Fund Notification, # 11 Exhibit 10 - 1st Amend. to TPRI Capital Accumulation Plan, # 12 Text of Proposed Order)(Wilkes, John) Modified on 1/5/2016 (bjc, ). (Entered: 01/05/2016) | |||
| 2016-01-05 | 5 | 0 | CORPORATE DISCLOSURE STATEMENT filed by Total Petrochemicals USA, Inc identifying Corporate Parent Total S.A. for Total Petrochemicals USA, Inc. (Wilkes, John) (Entered: 01/05/2016) | |||
| 2016-01-05 | 6 | 0 | ORDER governing proceedings. Rule 26(f) attorney conference on or before 1/23/2016. Rule 16 Management/Scheduling Conference set for 2/25/2016 09:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Signed by Judge Ron Clark on 1/5/2016. (bjc, ) (Entered: 01/05/2016) | |||
| 2016-01-20 | 7 | 0 | RESPONSE to Motion re 4 MOTION to Dismiss for Failure to State a Claim filed by James Robert Barton, Jr. Clerk's Note: Please ignore motion to amend in this document. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Affidavit of Plaintiff, # 8 Affidavit of Attorney)(Pierce, Jill) Modified on 1/21/2016 (tkd, ). (Entered: 01/20/2016) | |||
| 2016-02-01 | 8 | 0 | REPLY to Response to Motion re 4 MOTION to Dismiss for Failure to State a Claim filed by Total Petrochemicals USA, Inc. (Attachments: # 1 Exhibit 1 - July 2014 CAP Plan - Sections 3.6, 14, # 2 Exhibit 2 - Oct. 2005 CAP Plan - Sections 3.5, 14, # 3 Exhibit 3 - July 2015 CAP Plan - Section 14, # 4 Exhibit 4 - Jan. 2015 CAP Plan - Sections 1.2.3, 3.6, 14, # 5 Affidavit Hinton Declaration, # 6 Exhibit 11 - July 2015 CAP Plan - Section 3.3(c), # 7 Exhibit 12 - Jan. 2015 CAP Plan - Section 3.3(c), # 8 Exhibit 13 - Feb. 2014 CAP Plan - Section 3.3(c), # 9 Exhibit 14 - Oct. 2005 CAP Plan - Section 3.3(c))(Wilkes, John) (Entered: 02/01/2016) | |||
| 2016-02-02 | 9 | 0 | NOTICE of Discovery Disclosure by Total Petrochemicals USA, Inc (Wilkes, John) (Entered: 02/02/2016) | |||
| 2016-02-02 | 10 | 0 | NOTICE of Discovery Disclosure by James Robert Barton, Jr (Pierce, Jill) (Entered: 02/02/2016) | |||
| 2016-02-03 | 11 | 0 | NOTICE of Discovery Disclosure by Total Petrochemicals USA, Inc (Wilkes, John) (Entered: 02/03/2016) | |||
| 2016-02-04 | 12 | 0 | NOTICE of Attorney Appearance by Mark Christopher Sparks on behalf of James Robert Barton, Jr (Sparks, Mark) (Entered: 02/04/2016) | |||
| 2016-02-05 | 13 | 0 | REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proposed Scheduling Order)(Wilkes, John) Modified on 2/8/2016 (tkd, ). (Entered: 02/05/2016) | |||
| 2016-02-12 | 14 | 0 | Submission of Agreed Protective Order by Total Petrochemicals USA, Inc (Wilkes, John) Modified on 2/16/2016 (tkd, ). (Entered: 02/12/2016) | |||
| 2016-02-22 | 15 | 0 | NOTICE of Attorney Appearance by N. Scott Fletcher on behalf of Total Petrochemicals USA, Inc (Fletcher, N.) (Entered: 02/22/2016) | |||
| 2016-02-22 | 16 | 0 | NOTICE of Attorney Appearance by N. Scott Fletcher on behalf of Total Petrochemicals USA, Inc (Fletcher, N.) (Entered: 02/22/2016) | |||
| 2016-02-22 | 17 | 0 | PROTECTIVE ORDER. Signed by Judge Ron Clark on 2/22/16. (tkd, ) (Entered: 02/23/2016) | |||
| 2016-02-23 | 18 | 0 | NOTICE of Attorney Appearance by Sara Rachel Pikofsky on behalf of Total Petrochemicals USA, Inc (Pikofsky, Sara) (Entered: 02/23/2016) | |||
| 2016-02-23 | 19 | 0 | NOTICE of Discovery Disclosure by Total Petrochemicals USA, Inc (Wilkes, John) (Entered: 02/23/2016) | |||
| 2016-02-25 | 20 | 0 | Minute Entry for proceedings held before Judge Ron Clark: Case Mgmt. Conference held on 2/25/2016. A Scheduling Order will be entered. (Court Reporter FTR-Laurents.) (fal, ) (Main Document 20 replaced on 2/26/2016) (fal, ). (Entered: 02/25/2016) | |||
| 2016-02-29 | 21 | 0 | ORDER Regarding Certain Deadlines. Pltf has until 5:00 pm on 3/7/16 to amend complaint. Deft has 14 days after filing of amended complaint to amend its motion to dismiss. All other responses and replies will be due within the time limits proscribed by local rules. Signed by Judge Ron Clark on 2/28/16. (tkd, ) (Entered: 02/29/2016) | |||
| 2016-03-07 | 22 | 0 | AMENDED COMPLAINT Plaintiff's First Amended Complaint against Total Petrochemicals USA, Inc, filed by James Robert Barton, Jr. (Attachments: # 1 Summons(es) TOTAL Finance USA, Inc.)(Pierce, Jill) (Entered: 03/07/2016) | |||
| 2016-03-08 | 23 | 0 | SUMMONS Issued as to Total Finance USA, Inc. and emailed to Plaintiffs' attorney for service (aam, ) (Entered: 03/08/2016) | |||
| 2016-03-18 | 24 | 0 | 7-Day EXPEDITED PAPER TRANSCRIPT REQUEST by Total Petrochemicals USA, Inc for proceedings held on 2/25/16, before Judge Clark. (To be transcribed by Exceptional Reporting) (dlc, ) (Entered: 03/18/2016) | |||
| 2016-03-21 | 25 | 0 | Amended MOTION to Dismiss for Failure to State a Claim by Total Finance USA, Inc., Total Petrochemicals USA, Inc. (Attachments: # 1 Affidavit Declaration of Paul Hinton, # 2 Exhibit 1 - Feb. 2014 CAP, # 3 Exhibit 2 - Oct. 2005 CAP, # 4 Exhibit 3 - July 2015 CAP, # 5 Exhibit 4 - Jan. 2015 CAP, # 6 Exhibit 5 - Jan. 2015 BOD Resolution, # 7 Exhibit 6 - July 2015 BOD Resolution, # 8 Exhibit 7 - Update on Special Withdrawal Period, # 9 Exhibit 8 - Notice Concerning Rights, # 10 Exhibit 9 - CAP Default Fund Notification, # 11 Exhibit 10 - First Amendment to July 2015 CAP Plan, # 12 Exhibit 11 - Aug. 2015 BAC Minutes, # 13 Exhibit 12 - Oct. 2015 BAC Minutes, # 14 Exhibit 13 - Nov. 2015 BAC Minutes, # 15 Text of Proposed Order Proposed Order)(Wilkes, John) Modified on 3/22/2016 (tkd, ). (Entered: 03/21/2016) | |||
| 2016-03-21 | 26 | 0 | CORPORATE DISCLOSURE STATEMENT filed by Total Finance USA, Inc. identifying Corporate Parent Total S.A. for Total Finance USA, Inc.. (Wilkes, John) (Entered: 03/21/2016) | |||
| 2016-03-24 | 27 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Case Management Conference Proceedings held on 2/25/16 before Judge Clark. Court Reporter/Transcriber: Toni Hudson, Telephone number: 361/949-2988. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/18/2016. Redacted Transcript Deadline set for 4/28/2016. Release of Transcript Restriction set for 6/27/2016. (dlc, ) (Entered: 03/24/2016) | |||
| 2016-03-28 | 28 | 0 | NOTICE of Supplemental Disclosure by James Robert Barton, Jr (Pierce, Jill) Modified on 3/29/2016 (tkd, ). (Entered: 03/28/2016) | |||
| 2016-03-28 | 29 | 0 | FILED IN ERROR. Please ignore.NOTICE by James Robert Barton, Jr Return of Service upon Total Finance USA, Inc. (Pierce, Jill) Modified on 3/29/2016 (tkd, ). (Entered: 03/28/2016) | |||
| 2016-04-01 | 30 | 0 | SUMMONS Returned Executed by James Robert Barton, Jr. Total Finance USA, Inc. served on 3/15/2016, answer due 4/5/2016. (tkd, ) (Entered: 04/04/2016) | |||
| 2016-04-04 | 31 | 0 | RESPONSE to Motion re 25 Amended MOTION to Dismiss for Failure to State a Claim filed by James Robert Barton, Jr. (Attachments: # 1 Text of Proposed Order)(Pierce, Jill) (Entered: 04/04/2016) | |||
| 2016-04-04 | 32 | 0 | WAIVERS OF SERVICE Returned Executed by James Robert Barton, Jr. Isabelle Kieffer and Carolyn Sanders waivers sent on 3/21/2016, answers due 5/20/2016. (tkd, ) (Entered: 04/05/2016) | |||
| 2016-04-07 | 33 | 0 | NOTICE of Change of Address by Jill Swearingen Pierce (Pierce, Jill) (Entered: 04/07/2016) | |||
| 2016-04-14 | 34 | 0 | REPLY to Response to Motion re 25 Amended MOTION to Dismiss for Failure to State a Claim filed by Total Finance USA, Inc., Total Petrochemicals USA, Inc. (Attachments: # 1 Exhibit 4 - Jan. 2015 CAP Section 3.6(a), # 2 Exhibit 13 - Nov. 2015 BAC Minutes, # 3 Affidavit Declaration of Paul Hinton, # 4 Exhibit 14 - July 2015 TPRI CAP Sections 9.5, 9.6, # 5 Exhibit 15 - Jan. 2015 TPRI CAP Sections 9.5, 9.6, # 6 Exhibit 16 - Feb. 2014 TPRI CAP Sections 9.5, 9.6, # 7 Exhibit 17 - Oct. 2005 TPRI CAP Sections 9.5, 9.6)(Wilkes, John) (Entered: 04/14/2016) | |||
| 2016-04-21 | 35 | 0 | SUR-REPLY to Reply to Response to Motion re 25 Amended MOTION to Dismiss for Failure to State a Claim filed by James Robert Barton, Jr. (Sparks, Mark) (Entered: 04/21/2016) |