| Court: | txsd |
| Docket #: | 4:14-cv-03081 |
| Case Name: | Faniola v. Proteus Services, LLC et al |
| PACER case #: | 1217742 |
| Date filed: | 2014-10-28 |
| Assigned to: | Judge Gray H. Miller |
| Case Cause: | 28:1446fl |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Vincent Faniola Plaintiff on behalf of himself and on behalf of all others similarly situated |
John F Melton |
| Proteus Services, LLC Defendant |
Charles Howard Wilson Charles Howard Wilson |
| Wanda Kielty Defendant |
Charles Howard Wilson Charles Howard Wilson |
| Donald Kielty Defendant |
Charles Howard Wilson Charles Howard Wilson |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-05-27 | 1 | 0 | NOTICE OF REMOVAL by Donald Kielty, Wanda Kielty, Proteus Services, LLC (Filing fee $400 receipt number 0542-6522338), filed by Donald Kielty, Wanda Kielty, Proteus Services, LLC. (Attachments: # 1 Appendix Index of Matters Being Filed with Notice of Removal, # 2 Exhibit Exhibits A, B, C, D, E, F and G to Notice of Removal)(Wilson, Charles) (Entered: 05/27/2014) | |||
| 2014-05-28 | 2 | 0 | Letters to Leila C. Clewis re: non-admitted status. (os) (Entered: 05/28/2014) | |||
| 2014-05-28 | 3 | 0 | ORDER that the removing party supplement the record with state court pleadings. Signed by Judge Lee Yeakel. (os) (Entered: 05/28/2014) | |||
| 2014-06-03 | 4 | 0 | NOTICE in Response to Court's Order by Donald Kielty, Wanda Kielty, Proteus Services, LLC re 1 Notice of Removal, (Attachments: # 1 Exhibit Ex 1 to Def's Notice)(Wilson, Charles) (Entered: 06/03/2014) | |||
| 2014-06-03 | 5 | 0 | MOTION to Dismiss for Insufficient Process and Lack of Personal Jurisdiction by Donald Kielty, Wanda Kielty, Proteus Services, LLC. (Attachments: # 1 Proposed Order Order of Dismissal)(Wilson, Charles) (Entered: 06/03/2014) | |||
| 2014-06-03 | 6 | 0 | MOTION to Dismiss for Improper Venue, or Alternatively, to Transfer Venue, MOTION to Dismiss for Lack of Jurisdiction by Donald Kielty, Wanda Kielty, Proteus Services, LLC. (Attachments: # 1 Exhibit Ex A to Mtn to Dismiss, # 2 Exhibit Ex B to Mtn to Dismiss, # 3 Exhibit Ex C to Mtn to Dismiss)(Wilson, Charles) (Entered: 06/03/2014) | |||
| 2014-06-17 | 7 | 0 | Response in Opposition to Motion, filed by Vincent Faniola, re 5 MOTION to Dismiss for Insufficient Process and Lack of Personal Jurisdiction filed by Defendant Wanda Kielty, Defendant Donald Kielty, Defendant Proteus Services, LLC (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Melton, John) (Entered: 06/17/2014) | |||
| 2014-06-17 | 8 | 0 | Response in Opposition to Motion, filed by Vincent Faniola, re 6 MOTION to Dismiss for Improper Venue, or Alternatively, to Transfer Venue MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Wanda Kielty, Defendant Donald Kielty, Defendant Proteus Services, LLC (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Melton, John) (Entered: 06/17/2014) | |||
| 2014-06-18 | 9 | 0 | ORDER REFERRING MOTION: 6 MOTION to Dismiss for Improper Venue, or Alternatively, to Transfer Venue MOTION to Dismiss for Lack of Jurisdiction filed by Wanda Kielty, Donald Kielty, Proteus Services, LLC, 5 MOTION to Dismiss for Insufficient Process and Lack of Personal Jurisdiction filed by Wanda Kielty, Donald Kielty, Proteus Services, LLC. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Andrew W. Austin. (klw) (Entered: 06/19/2014) | |||
| 2014-06-25 | 10 | 0 | REPLY to Response to Motion, filed by Donald Kielty, Wanda Kielty, Proteus Services, LLC, re 5 MOTION to Dismiss for Insufficient Process and Lack of Personal Jurisdiction filed by Defendant Wanda Kielty, Defendant Donald Kielty, Defendant Proteus Services, LLC (Wilson, Charles) (Entered: 06/25/2014) | |||
| 2014-06-27 | 11 | 0 | REPLY to Response to Motion, filed by Donald Kielty, Wanda Kielty, Proteus Services, LLC, re 6 MOTION to Dismiss for Improper Venue, or Alternatively, to Transfer Venue MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Wanda Kielty, Defendant Donald Kielty, Defendant Proteus Services, LLC (Wilson, Charles) (Entered: 06/27/2014) | |||
| 2014-09-05 | 12 | 0 | REPORT AND RECOMMENDATIONS re 6 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction, filed by Wanda Kielty, Donald Kielty, Proteus Services, LLC, 5 Motion to Dismiss filed by Wanda Kielty, Donald Kielty, Proteus Services, LLC. Signed by Judge Andrew W. Austin. (jk) (Entered: 09/08/2014) | |||
| 2014-09-24 | 13 | 0 | ORDER ADOPTING Magistrate's 12 Report and Recommendations. ORDER Denying Defendants' 5 Motion to Dimiss for Insufficient Process and Lack of Personal Jurisdiction. ORDER that Defendants' 6 Motion to Dismiss is DENIED and 6 Motion to Transfer Jurisdiction is GRANTED. This cause of action is TRANSFERRED to the United States District Court for the Southern District of Texas, Houston Division. Signed by Judge Lee Yeakel. (klw) (Entered: 09/24/2014) | |||
| 2014-10-28 | 14 | 0 | Case transferred in from Texas Western. Case Number 1:14-cv-00489; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 10/28/2014) | |||
| 2014-10-29 | 15 | 0 | ANSWER to 1 State Court Petition/Notice of Removal by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed.(Wilson, Charles) (Entered: 10/29/2014) | |||
| 2014-10-30 | 16 | 0 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 11/19/2014(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 10/30/2014) | |||
| 2014-11-14 | 17 | 0 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed.(Wilson, Charles) (Entered: 11/14/2014) | |||
| 2014-11-14 | 18 | 0 | CERTIFICATE OF INTERESTED PARTIES by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed.(Wilson, Charles) (Entered: 11/14/2014) | |||
| 2014-11-14 | 19 | 0 | PROPOSED ORDER Rule 16 Scheduling Order, filed.(Wilson, Charles) (Entered: 11/14/2014) | |||
| 2014-11-18 | 20 | 0 | CERTIFICATE OF INTERESTED PARTIES by Vincent Faniola, filed.(Melton, John) (Entered: 11/18/2014) | |||
| 2014-12-02 | 21 | 0 | INITIAL DISCLOSURES by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed.(Wilson, Charles) (Entered: 12/02/2014) | |||
| 2014-12-10 | 22 | 0 | SCHEDULING ORDER. ETT: 5 days. Jury trial. Amended Pleadings due by 1/30/2015. Joinder of Parties due by 1/30/2015 Pltf Expert Report due by 3/2/2015. Deft Expert Report due by 4/1/2015. Discovery due by 5/8/2015. Mediation due by 5/8/2015. Dispositive Motion Filing due by 6/26/2015. Non-Dispositive Motion Filing due by 6/26/2015. Objections due by 10/23/2015 Joint Pretrial Order due by 10/16/2015. Docket Call set for 10/30/2015 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 12/10/2014) | |||
| 2015-04-01 | 23 | 0 | DESIGNATION OF EXPERT WITNESS LIST by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed. (Attachments: # 1 Exhibit A)(Wilson, Charles) (Entered: 04/01/2015) | |||
| 2015-05-01 | 24 | 0 | Agreed MOTION for Extension of Time Deadline to Mediate by Vincent Faniola, filed. Motion Docket Date 5/22/2015. (Attachments: # 1 Proposed Order)(Melton, John) (Entered: 05/01/2015) | |||
| 2015-05-06 | 25 | 0 | ORDER GRANTING 24 Agreed MOTION for Extension of Time Deadline to Mediate ( Mediation due by 6/30/2015.)(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 05/06/2015) | |||
| 2015-06-26 | 26 | 0 | MOTION for Summary Judgment by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed. Motion Docket Date 7/17/2015. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Wilson, Charles) (Entered: 06/26/2015) | |||
| 2015-07-17 | 27 | 0 | Agreed MOTION for Extension of Time for Plaintiffs to Respond to Motion for Summary Judgment by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed. Motion Docket Date 8/7/2015. (Attachments: # 1 Proposed Order)(Wilson, Charles) (Entered: 07/17/2015) | |||
| 2015-07-17 | 28 | 0 | Amended MOTION for Summary Judgment by Donald Kielty, Wanda Kielty, Proteus Services, LLC, filed. Motion Docket Date 8/7/2015. (Wilson, Charles) (Entered: 07/17/2015) | |||
| 2015-07-29 | 29 | 0 | ORDER GRANTING 27 Agreed MOTION for Extension of Time for Plaintiffs to Respond to Motion for Summary Judgment (response due 8/17/2015), TERMINATING AS MOOT 26 MOTION for Summary Judgment .(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 07/29/2015) | |||
| 2015-08-14 | 30 | 0 | Agreed MOTION for Extension of Time Respond to Motion for Summary Judgment by Vincent Faniola, filed. Motion Docket Date 9/4/2015. (Attachments: # 1 Proposed Order)(Melton, John) (Entered: 08/14/2015) | |||
| 2015-08-24 | 31 | 0 | ORDER Granting 30 Motion for Extension of Time.Response to 28 Amended MOTION for Summary Judgment due by 8/26/2015.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 08/24/2015) | |||
| 2015-08-26 | 32 | 0 | RESPONSE in Opposition to 28 Amended MOTION for Summary Judgment , filed by Vincent Faniola. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit case law)(Melton, John) (Entered: 08/26/2015) | |||
| 2015-10-08 | 33 | 0 | ORDER setting Final Pretrial Conference for 11/30/2015 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller, Jury Trial for 11/30/2015 at 01:00 PM in Courtroom 9D before Judge Gray H. Miller. Joint Pretrial Order due by 11/16/2015. Objections due by 11/23/2015.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 10/08/2015) | |||
| 2015-10-13 | 34 | 0 | ORDER DENYING 28 Amended MOTION for Summary Judgment .(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 10/13/2015) | 2015-10-14 10:22:38 | 763d87bb5b1b7c87ad0d23c8bf34a2b741aa80c8 |