| Court: | txnd |
| Docket #: | 3:11-cv-01655 |
| Case Name: | Meza v. Intelligent Mexican Marketing, Inc. et al |
| PACER case #: | 208101 |
| Date filed: | 2011-07-13 |
| Date terminated: | 2012-07-02 |
| Assigned to: | Judge Reed C O'Connor |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Labor Standards Act |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Florentino Meza Plaintiff and all others similarly situated under 29 USC 216(b) |
Jamie Harrison Zidell Christopher R Hutson K David Kelly Robert Lee Manteuffel |
| Intelligent Mexican Marketing Inc Defendant |
John B Brown Dallan F Flake Timothy D Howell |
| David Benitez Gonzales Defendant |
John B Brown Dallan F Flake Timothy D Howell |
| Ricardo J. Villarreal Defendant |
John B Brown Dallan F Flake Timothy D Howell |
| Ana M. Trevino Defendant TERMINATED: 04/02/2012 |
John B Brown Dallan F Flake Timothy D Howell |
| ADR Provider Mediator |
Courtenay L Bass |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-07-13 | 1 | 0 | COMPLAINT WITH JURY DEMAND against All Defendants filed by Florentino Meza. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-3995478) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Cover Sheet Civil Cover Sheet) (Zidell, Jamie) (Entered: 07/13/2011) | |||
| 2011-07-13 | 2 | 0 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Florentino Meza. (Hutson, Christopher) (Entered: 07/13/2011) | |||
| 2011-07-13 | 3 | 0 | Request for Clerk to issue Summons filed by Florentino Meza. (Hutson, Christopher) (Entered: 07/13/2011) | |||
| 2011-07-13 | 4 | 0 | Request for Clerk to issue Summons filed by Florentino Meza. (Hutson, Christopher) (Entered: 07/13/2011) | |||
| 2011-07-13 | 5 | 0 | Request for Clerk to issue Summons filed by Florentino Meza. (Hutson, Christopher) (Entered: 07/13/2011) | |||
| 2011-07-13 | 6 | 0 | Request for Clerk to issue Summons filed by Florentino Meza. (Hutson, Christopher) (Entered: 07/13/2011) | |||
| 2011-07-13 | 7 | 0 | New Case Notes: A filing fee has been paid. Magistrate Judge Stickney preliminarily assigned. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (twd) (Entered: 07/13/2011) | |||
| 2011-07-13 | 8 | 0 | Summons Issued as to David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal. (twd) (Entered: 07/13/2011) | |||
| 2011-07-20 | 9 | 0 | SUMMONS Returned Executed as to Ricardo J. Villarreal; served on 7/16/2011. (mfw) (Entered: 07/20/2011) | |||
| 2011-07-20 | 10 | 0 | SUMMONS Returned Executed as to Intelligent Mexican Marketing, Inc.; served on 7/15/2011. (mfw) (Entered: 07/20/2011) | |||
| 2011-07-21 | 11 | 0 | SUMMONS Returned Executed as to Ana M. Trevino; served on 7/14/2011. (axm) (Entered: 07/22/2011) | |||
| 2011-07-21 | 12 | 0 | SUMMONS Returned Executed as to David Benitez; served on 7/15/2011. (axm) (Entered: 07/22/2011) | |||
| 2011-08-03 | 13 | 0 | Defendants' ANSWER to 1 Complaint filed by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Brown, John) (Entered: 08/03/2011) | |||
| 2011-08-03 | 14 | 0 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal. (Brown, John) (Entered: 08/03/2011) | |||
| 2011-08-08 | 15 | 0 | ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. Proposed Scheduling Order due by 9/6/2011. (Ordered by Judge Reed C O'Connor on 8/8/2011) (mcr) (Entered: 08/09/2011) | |||
| 2011-09-06 | 16 | 0 | Proposal for contents of scheduling and discovery order Joint Report by David Benitez, Intelligent Mexican Marketing, Inc., Florentino Meza, Ana M. Trevino, Ricardo J. Villarreal. (Brown, John) (Entered: 09/06/2011) | |||
| 2011-09-08 | 17 | 0 | SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning 7/23/2012 before Judge Reed C O'Connor. Joinder of Parties due by 11/7/2011. Amended Pleadings due by 11/7/2011. Motions due by 3/24/2012. Deadline for mediation is on or before 1/23/2012. Discovery due by 2/23/2012. Pretrial Materials due by 6/12/2012. Pretrial Order due by 6/12/2012. (Ordered by Judge Reed C O'Connor on 9/8/2011) (dnc) (Entered: 09/08/2011) | |||
| 2011-10-21 | 18 | 0 | NOTICE of Change of Address for Attorney John B Brown on behalf of David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal. (Brown, John) (Entered: 10/21/2011) | |||
| 2011-12-19 | 19 | 0 | MOTION for Summary Judgment filed by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal (Brown, John) (Entered: 12/19/2011) | |||
| 2011-12-19 | 20 | 0 | Brief/Memorandum in Support filed by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal re 19 MOTION for Summary Judgment (Brown, John) (Entered: 12/19/2011) | |||
| 2011-12-19 | 21 | 0 | (Document Restricted) ***STRICKEN AND UNFILED per 48 Order*** Appendix in Support filed by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal re 19 MOTION for Summary Judgment, 20 Brief/Memorandum in Support of Motion for Summary Judgment (Brown, John) Modified on 4/18/2012. Attorney to filed Motion to Seal (axm). Modified on 4/19/2012 (twd). (Entered: 12/19/2011) | |||
| 2011-12-20 | 22 | 0 | NOTICE of Attorney Appearance by Robert Lee Manteuffel on behalf of All Plaintiffs. (Manteuffel, Robert) (Entered: 12/20/2011) | |||
| 2012-01-08 | 23 | 0 | Plaintiff's First MOTION for Extension of Time to File Response/Reply re: 19 MOTION for Summary Judgment filed by Florentino Meza with Brief/Memorandum in Support. (Manteuffel, Robert) (Entered: 01/08/2012) | |||
| 2012-01-09 | 24 | 0 | EXPEDITED BRIEFING ORDER as to 23 First Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment: Responses due by 1/16/2012. Replies due by 1/25/2012. (Ordered by Judge Reed C O'Connor on 1/9/2012) (twd) (Entered: 01/10/2012) | |||
| 2012-01-12 | 25 | 0 | RESPONSE filed by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal re: 23 Plaintiff's First MOTION for Extension of Time to File Response/Reply re: 19 MOTION for Summary Judgment (Brown, John) (Entered: 01/12/2012) | |||
| 2012-01-17 | 26 | 0 | ORDER: Motion Hearing set for 1/19/2012 09:30 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Reed C O'Connor. re: 23 Plaintiff's First MOTION for Extension of Time to File Response/Reply re: 19 MOTION for Summary Judgment (Ordered by Judge Reed C O'Connor on 1/17/2012) (chmb)(jg) (Entered: 01/17/2012) | |||
| 2012-01-18 | 27 | 0 | REPLY filed by Florentino Meza re: 23 Plaintiff's First MOTION for Extension of Time to File Response/Reply re: 19 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E) (Manteuffel, Robert) (Entered: 01/18/2012) | |||
| 2012-01-19 | 28 | 0 | ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Motion hearing held. Court grants 23 Motion to Extend Time to File Response/Reply. Plaintiff's response is due on or before March 24, 2012. Attorney Appearances: Plaintiff - Robert Mateuffel; Defense - John Brown. (Court Reporter: Denver Roden) (No exhibits) Time in Court - :10. (chmb) (Entered: 01/19/2012) | |||
| 2012-01-19 | 29 | 0 | Joint MOTION to Extend Time of Mediation Deadline filed by David Benitez, Intelligent Mexican Marketing, Inc., Florentino Meza, Ana M. Trevino, Ricardo J. Villarreal (Brown, John) (Entered: 01/19/2012) | |||
| 2012-01-20 | 30 | 0 | ORDER granting 29 Joint Motion for Continuance of Mediation Deadline: Deadline for mediation is extended to 4/6/2012. (Ordered by Judge Reed C O'Connor on 1/20/2012) (twd) (Entered: 01/20/2012) | |||
| 2012-02-23 | 31 | 0 | First MOTION to Compel Discovery, MOTION to Extend the Discovery Deadline and MOTION to Take Additional Depositions filed by Florentino Meza with Brief/Memorandum in Support. (Manteuffel, Robert) Added MOTION to Extend Discovery Deadline, MOTION to Take Additional Depositions on 2/24/2012 (twd). (Entered: 02/23/2012) | |||
| 2012-02-24 | 32 | 0 | EXPEDITED BRIEFING ORDER re: 31 First MOTION for Discovery to Compel, Extend the Discovery Deadline and Take Additional Depositions. It is ORDERED that responses to this motion are due on or before February 28, 2012. (Ordered by Judge Reed C O'Connor on 2/24/2012) (chmb)(jg) (Entered: 02/24/2012) | |||
| 2012-02-28 | 33 | 0 | RESPONSE filed by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal re: 31 MOTION to Compel MOTION to Extend Time (Brown, John) (Entered: 02/28/2012) | |||
| 2012-02-28 | 34 | 0 | Appendix in Support filed by David Benitez, Intelligent Mexican Marketing, Inc., Ana M. Trevino, Ricardo J. Villarreal re 33 Response/Objection to Plaintiff's First Motion to Compel Discovery, Extend the Discovery Deadline and Take Additional Depositions (Brown, John) (Entered: 02/28/2012) | |||
| 2012-03-01 | 35 | 0 | ORDER: Motion Hearing set for 3/6/2012 09:00 AM before Judge Reed C O'Connor. re: 31 MOTION to Compel, MOTION to Extend Time 34 Appendix in Support, 33 Response/Objection. Counsel for Plaintiff and Defendants are ORDERED to attend and be prepared to address all issues relating to the motion. (Ordered by Judge Reed C O'Connor on 3/1/2012) (ykp) (Entered: 03/01/2012) | |||
| 2012-03-01 | 36 | 0 | First MOTION for Hearing re 35 Order Setting Deadline/Hearing, CONTINUANCE OF HEARING ON MOTION TO COMPEL filed by Florentino Meza (Manteuffel, Robert) (Entered: 03/01/2012) | |||
| 2012-03-01 | 37 | 0 | ORDER granting 36 Motion for Hearing re: 31 Motion to Compel. Motion Hearing reset for 3/6/2012 01:30 PM before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 3/1/2012) (ykp) (Entered: 03/02/2012) | |||
| 2012-03-04 | 38 | 0 | PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST MOTION TO COMPEL DISCOVERY, EXTEND THE DISCOVERY DEADLINE AND TAKE ADDITIONAL DEPOSITIONS AND MEMORANDUM IN SUPPORT filed by Florentino Meza re: 31 MOTION to Compel MOTION to Extend Time (Attachments: # 1 Exhibit(s) Plaintiff's Appendix Exhibits A-E) (Manteuffel, Robert) Modified on 3/5/2012 (rlw). (Entered: 03/04/2012) | |||
| 2012-03-06 | 39 | 0 | ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Hearing held. Plaintiff's First Motion to Compel Discovery, Extend the Discovery Deadline, and Take Additional Depositions 31 is GRANTED IN PART and DENIED IN PART. Defendants are ordered to disclose the identity and contact information of warehousemen who performed delivery duties for Defendant during Plaintiff's term of employment. Plaintiff is given leave to depose the three supervisory witnesses identified by Defendants in their disclosures on February 21, 2012. The deadline for Plaintiff's response to Defendants' summary judgment motion is extended to April 16. Attorney Appearances: Plaintiff - Robert Lee Mateuffel; Defense - John Brown. (Court Reporter: Denver Roden) (No exhibits) Time in Court - :41. (chmb) (Entered: 03/07/2012) | |||
| 2012-04-02 | 40 | 0 | NOTICE OF DISMISSAL as to Defendant Ana M. Trevino Only filed by Florentino Meza (Manteuffel, Robert) (Entered: 04/02/2012) | |||
| 2012-04-03 | 41 | 0 | NOTICE of Potential Calendar Conflict Regarding Trial Availability re: 17 Scheduling Order, filed by Florentino Meza (Kelly, K) Modified on 4/4/2012 (rlw). (Entered: 04/03/2012) | |||
| 2012-04-06 | 42 | 0 | Alternative Dispute Resolution Summary filed by Courtenay L Bass. Attorneys in Attendance: Robert Manteuffel, John Brown. Prv Fee: $ 1350.00. Outcome of ADR: Parties were unable to reach a settlement. (Bass, Courtenay) (Entered: 04/06/2012) | |||
| 2012-04-16 | 43 | 0 | RESPONSE filed by Florentino Meza re: 19 MOTION for Summary Judgment (Manteuffel, Robert) Modified on 4/17/2012 (skt). (Entered: 04/16/2012) | |||
| 2012-04-16 | 44 | 0 | Brief/Memorandum in Support filed by Florentino Meza re 43 Response/Objection to Defendants' Motion for Summary Judgment (Manteuffel, Robert) (Entered: 04/16/2012) | |||
| 2012-04-16 | 45 | 0 | Appendix in Support filed by Florentino Meza re 44 Brief/Memorandum in Support of Motion of Plaintiff's Response to Defendants' Motion for Summary Judgment (Attachments: # 1 Additional Page(s) Plaintiff's Appendix Part 2) (Manteuffel, Robert) (Entered: 04/16/2012) | |||
| 2012-04-18 | 46 | 0 | Unopposed MOTION Seal Document No. 21 from Public Eye re 21 Appendix in Support, filed by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal (Brown, John) (Entered: 04/18/2012) | |||
| 2012-04-19 | 47 | 0 | Unopposed Motion to Seal Document No. 21 from the Public Eye re 21 Appendix in Support, filed by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal (Brown, John) Modified on 4/20/2012 (rlw). (Entered: 04/19/2012) | |||
| 2012-04-19 | 48 | 0 | ORDER granting 46 Unopposed Motion to Seal Document; denying as moot 47 Unopposed Amended Motion to Seal Document: It is ORDERED that: (1) ECF Document No. 21 will be stricken and unfiled; and (2) Defendants are granted leave to file a redacted version of their summary judgment appendix on or before 4/23/2012. (Ordered by Judge Reed C O'Connor on 4/19/2012) (twd) (Entered: 04/19/2012) | |||
| 2012-04-20 | 49 | 0 | Appendix in Support filed by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal re 19 MOTION for Summary Judgment, 20 Brief/Memorandum in Support of Motion for Summary Judgment (Brown, John) (Entered: 04/20/2012) | |||
| 2012-04-27 | 50 | 0 | REPLY filed by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal re: 19 MOTION for Summary Judgment (Brown, John) (Entered: 04/27/2012) | |||
| 2012-06-07 | 51 | 0 | Joint MOTION to Clarify and Modify Scheduling Order re 17 Scheduling Order, filed by David Benitez, Intelligent Mexican Marketing, Inc., Florentino Meza, Ricardo J. Villarreal with Brief/Memorandum in Support. (Manteuffel, Robert) (Entered: 06/07/2012) | |||
| 2012-06-08 | 52 | 0 | ORDER granting in part 51 Joint Motion for Clarification of Scheduling Order: Pretrial Materials due by 6/27/2012. Pretrial Order due by 6/29/2012. All other deadlines and instructions remain as stated in the Court's prior scheduling order. (Ordered by Judge Reed C O'Connor on 6/8/2012) (twd) (Entered: 06/08/2012) | |||
| 2012-06-12 | 53 | 0 | Plaintiff's Pretrial Disclosures filed by Florentino Meza. (Manteuffel, Robert) (Entered: 06/12/2012) | |||
| 2012-06-12 | 54 | 0 | Defendants' Pretrial Disclosures filed by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal. (Brown, John) (Entered: 06/12/2012) | |||
| 2012-06-18 | 55 | 0 | Supplemental Pretrial Disclosures filed by Florentino Meza. (Manteuffel, Robert) (Entered: 06/18/2012) | |||
| 2012-06-25 | 56 | 0 | Plaintiff's Objections to 54 Defendants' Pretrial Disclosures filed by Florentino Meza. (Manteuffel, Robert) Modified on 6/26/2012 (rlw). (Entered: 06/25/2012) | |||
| 2012-06-25 | 57 | 0 | Proposed Voir Dire by Florentino Meza. (Manteuffel, Robert) (Entered: 06/25/2012) | |||
| 2012-06-25 | 58 | 0 | MOTION in Limine filed by Florentino Meza with Brief/Memorandum in Support. (Manteuffel, Robert) (Entered: 06/25/2012) | |||
| 2012-06-25 | 59 | 0 | MOTION in Limine filed by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal (Brown, John) (Entered: 06/25/2012) | |||
| 2012-06-26 | 60 | 0 | OBJECTIONS filed by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal re: 53 Pretrial Disclosures. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Brown, John) Modified on 6/27/2012 (ndt). (Entered: 06/26/2012) | |||
| 2012-06-27 | 61 | 0 | Witness List by Florentino Meza. (Manteuffel, Robert) (Entered: 06/27/2012) | |||
| 2012-06-27 | 62 | 0 | Proposed Jury Charge filed by Florentino Meza, Ricardo J. Villarreal, Intelligent Mexican Marketing, Inc., David Benitez. (Manteuffel, Robert) (Entered: 06/27/2012) | |||
| 2012-06-27 | 63 | 0 | Witness List by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal. (Brown, John) (Entered: 06/27/2012) | |||
| 2012-06-27 | 64 | 0 | Exhibit List of Defendants by David Benitez, Intelligent Mexican Marketing, Inc., Ricardo J. Villarreal. (Brown, John) (Entered: 06/27/2012) | |||
| 2012-06-27 | 65 | 0 | Joint Written Statement Concerning Defendants' Exhibit List by David Benitez, Intelligent Mexican Marketing, Inc., Florentino Meza, Ricardo J. Villarreal. (Brown, John) Modified text on 6/28/2012 (skt). (Entered: 06/27/2012) | |||
| 2012-06-27 | 66 | 0 | Exhibit List with Joint Written Statement by Florentino Meza. (Attachments: # 1 Additional Page(s) Joint Written Statement Concerning Plaintiff's Exhibit List) (Manteuffel, Robert) (Entered: 06/27/2012) | |||
| 2012-07-02 | 67 | 0 | ORDER granting 19 Motion for Summary Judgment. (Ordered by Judge Reed C O'Connor on 7/2/2012) (skt) (Entered: 07/02/2012) | |||
| 2012-07-02 | 68 | 0 | FINAL JUDGMENT: It is therefore ORDERED, ADJUDGED and DECREED that Plaintiff's case is dismissed with prejudice. (Ordered by Judge Reed C O'Connor on 7/2/2012) (skt) (Entered: 07/02/2012) | |||
| 2012-07-25 | 69 | 0 | NOTICE OF APPEAL to the Fifth Circuit by Florentino Meza. Filing fee $455, receipt number 0539-4716109. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. Copy of NOA to be sent US Mail to parties not electronically noticed. (Manteuffel, Robert) (Entered: 07/25/2012) | |||
| 2012-08-07 | 70 | 0 | Transcript Order Form: re 69 Notice of Appeal, transcript not requested (Manteuffel, Robert) (Entered: 08/07/2012) | |||
| 2012-11-30 | 71 | 0 | Record on Appeal for USCA5 12-10785 (related to 69 appeal): Record consisting of: 2 Volume(s) ECF electronic record, transmitted to USCA5. Shipped: Federal Express 296232215010016 (svc) (Entered: 11/30/2012) | |||
| 2012-12-21 | 72 | 0 | Received letter from USCA5 acknowledging receipt of record on appeal (svc) (Entered: 12/27/2012) | |||
| 2013-07-16 | 73 | 0 | Opinion of USCA (certified copy) in accordance with USCA judgment re 69 Notice of Appeal filed by Florentino Meza. (axm) (Entered: 07/19/2013) | |||
| 2013-07-16 | 74 | 0 | JUDGMENT/MANDATE of USCA as to 69 Notice of Appeal filed by Florentino Meza. The judgment of the District Court is affirmed. Issued as Mandate: 7/10/2013. (axm) (Entered: 07/19/2013) |