Case: Guerra v. Celanese Corp.

Guerra v. Celanese Corporation

Guerra v. Celanese Corporation

U.S. Court of Appeals for the Fifth Circuit

Guerra v. Celanese Corporation

U.S. Court of Appeals for the Fifth Circuit

Guerra v. Celanese Corporation

Guerra v. Celanese Corporation

U.S. Court of Appeals for the Fifth Circuit

Guerra v. Celanese Corporation

U.S. Court of Appeals for the Fifth Circuit

Guerra v. Celanese Corporation

U.S. Court of Appeals for the Fifth Circuit

Guerra v. Celanese Corporation

U.S. Court of Appeals for the Fifth Circuit

Guerra v. Celanese Corporation

Guerra v. Celanese Corporation

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT class action for declaratory and injunctive relief, money damages filed; (bchurchill) (Entered: 11/02/1992)

RETURN OF SERVICE executed as to Inc. Arthur Brothers by serving Larry Smith 9/11/80 filed Answer due on 10/1/80 for Inc. Arthur Brothers (bchurchill) (Entered: 11/02/1992)

MOTION to dismiss under rule 12−(b) by Celanese Corp., Celanese Chemical Co, Motion Docket Date 10/12/80 [3−1] motion , filed (bchurchill) (Entered: 11/02/1992)

ANSWER to Complaint by Celanese Corp., Celanese Chemical Co (Added attorney ), filed. (bchurchill) (Entered: 11/02/1992)

MOTION to dismiss under rule 12(b) by Inc. Arthur Brothers, Motion Docket Date 10/16/80 [5−1] motion , filed, part one of instr. #5 (bchurchill) (Entered: 11/02/1992)

ANSWER to Complaint by Inc. Arthur Brothers (Added attorney ), filed. Part 2 of instr #5 (bchurchill) (Entered: 11/02/1992)

NOTICE by Celanese Corp. to take deposition of Oscar Guerra 10/27/80 @ 2:00 p.m., filed. (bchurchill) (Entered: 11/02/1992)

RETURN OF SERVICE executed as to Celanese Corp. 9/10/80 by serving Gayle Williams filed Answer due on 9/30/80 for Celanese Corp. (bchurchill) (Entered: 11/02/1992)

RETURN OF SERVICE executed as to Celanese Chemical Co by serving Gayle Williams 9/10/80 filed Answer due on 9/30/80 for Celanese Chemical Co (bchurchill) (Entered: 11/02/1992)

MEMORANDUM IN RESPONSE by Oscar Guerra to [5−1] motion to dismiss under rule 12(b), [3−1] motion to dismiss under rule 12−(b) , filed (bchurchill) (Entered: 11/02/1992)

ORDER, Motion hearing set for 1:30 3/30/81 for [5−1] motion to dismiss under rule 12(b), set for 1:30 3/30/81 for [3−1] motion to dismiss under rule 12−(b) , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/02/1992)

First Set of INTERROGATORIES of Oscar Guerra to Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/02/1992)

SUPPLEMENTAL [3−1] motion to dismiss under rule 12−(b) by Celanese Corp., Celanese Chemical Co Supplemental Motion Docket Date 4/8/81 [3−1] motion to dismiss under rule 12−(b) , filed. (bchurchill) (Entered: 11/02/1992)

MOTION for protective order by Celanese Corp., Celanese Chemical Co, Motion Docket Date 4/8/81 [13−1] motion , filed (bchurchill) (Entered: 11/02/1992)

MOTION for protective order as Corrected by Celanese Corp., Celanese Chemical Co, Motion Docket Date 4/9/81 [14−1] motion , filed (bchurchill) (Entered: 11/02/1992)

SUPPLEMENTAL [5−1] motion to dismiss under rule 12(b) as corrected for typographical errors, [3−1] motion to dismiss under rule 12−(b) as corrected for tyographical errors by Celanese Corp., Celanese Chemical Co Motion Docket Date 4/9/81 [5−1] motion to dismiss under rule 12(b), 4/9/81 [3−1] motion to dismiss under rule 12−(b) , filed. (bchurchill) (Entered: 11/02/1992)

NOTICE of modification and supplementation of its motion to dismiss under rule 12(b) by Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/02/1992)

RESPONSE by Inc. Arthur Brothers in opposition to [11−1] interrogatory(s) requested , filed (bchurchill) (Entered: 11/02/1992)

Motion hearing re: [5−1] motion to dismiss under rule 12(b) Motion hearing held;, [3−1] motion to dismiss under rule 12−(b) Motion hearing held; Ct Reporter: Paul Clendening; Arguments of counsel; Court took matter under advisement. Hearing concluded. (bchurchill) (Entered: 11/02/1992)

Exhibit list by Oscar Guerra , filed (bchurchill) (Entered: 11/03/1992)

MOTION and ORDER Pursuant to Local Rule 1 by Oscar Guerra, Motion Docket Date 4/26/81 [20−1] motion , filed (bchurchill) (Entered: 11/03/1992)

ORDER denying [20−1] motion Pursuant to Local Rule 1 , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

MEMORANDUM IN RESPONSE by Oscar Guerra to [14−1] motion for protective order as Corrected , filed (bchurchill) (Entered: 11/03/1992)

MOTION for John Williamson to withdraw as attorney, written consent of clients , and for entry of appearance of counsel by Oscar Guerra, Motion Docket Date 5/17/81 motion, 5/17/81 [23−2] motion , filed (bchurchill) (Entered: 11/03/1992)

ORDER granting [23−1] motion for John Williamson to withdraw as attorney, written consent of clients (Terminated granting [23−2] motion entry of appearance of counsel , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

MEMORANDUM AND ORDER, of partial dismissal of individual claims and full dismissal of class allegations against Celanese , entered. Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

ORDER granting [5−1] motion to dismiss under rule 12(b) , entered; Parties notified. Case shall proceed as induvidual action based upon pltf's allegations of discrim. by deftArthur Bros. to recover attys fees and costs in connection w/motion to dismiss 7under rule 12(b). ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/03/1992)

ORDER , entered; Parties notified. I hereby recuse myself from presiding over the above styled cause. ( signed by Judge Hayden W. Head Jr. ) (bchurchill) (Entered: 11/03/1992)

JOINT MOTION to intervene pursuant to rule 24(b) and notice of motion by Oscar Guerra , filed (bchurchill) (Entered: 11/03/1992)

MOTION pursuant to local rule 15(b)(2) for oral argument on pltfs' joint motion to intervene pursuant to rule 42(a) and notice of motion by Oscar Guerra, Motion Docket Date 12/20/81 [29−1] motion , filed (bchurchill) (Entered: 11/03/1992)

NOTICE of related litigation pursuant to local rule 5 by Oscar Guerra , filed (bchurchill) (Entered: 11/03/1992)

MOTION pursuant to rule 26(f) for a discovery conference by Oscar Guerra, Motion Docket Date 12/20/81 [31−1] motion , filed (bchurchill) (Entered: 11/03/1992)

Letter from Clerk assigning this case to Judge James DeAnda. A case of equal import is to be transferred to Judge Hayden Head by Judge DeAnda. (bchurchill) (Entered: 11/03/1992)

Record mailed to Judge DeAnda's Clerk. (bchurchill) (Entered: 11/03/1992)

MOTION for leave to file interrogatories exceeding the number set by local rule by Oscar Guerra, Motion Docket Date 1/17/82 [32−1] motion , filed (bchurchill) (Entered: 11/03/1992)

INTERROGATORIES of Oscar Guerra pursuant to rule 33 and request for productin of documents pursuant to rule 34 (second set) , filed (bchurchill) (Entered: 11/03/1992)

RESPONSE by Inc. Arthur Brothers to [31−1] motion pursuant to rule 26(f) for a discovery conference, [29−1] motion pursuant to local rule 15(b)(2) for oral argument on pltfs' joint motion to intervene pursuant to rule 42(a) and notice of motion , filed (bchurchill) (Entered: 11/03/1992)

RESPONSE by Celanese Corp., Celanese Chemical Co to [31−1] motion pursuant to rule 26(f) for a discovery conference, [29−1] motion pursuant to local rule 15(b)(2) for oral argument on pltfs' joint motion to intervene pursuant to rule 42(a) and notice of motion, [28−1] joint motion to intervene pursuant to rule 24(b) and notice of motion , filed (bchurchill) (Entered: 11/03/1992)

NOTICE by Oscar Guerra to take deposition of Employee of Celanese in charge 2/18/82 @ 3:30 p.m., filed. (bchurchill) (Entered: 11/03/1992)

MOTION to consolidate pursuant to rule 42(a) and notice of motion by Oscar Guerra, Motion Docket Date 3/9/82 [37−1] motion , filed (bchurchill) (Entered: 11/03/1992)

Pre−trial conference held before Judge Ricardo H. Hinojosa Tape Number: 62−1; Pltf's motion to consolidate pending before Judge DeAnda and upon ruling on said motion, additional status conf. will be scheduled. Hearing concluded. (bchurchill) (Entered: 11/03/1992)

OBJECTIONS AND ANSWER by Celanese Corp., Celanese Chemical Co to Interrogatories pursuant to rule 33 (second set and request for production of documents (second set), filed. (bchurchill) (Entered: 11/03/1992)

REQUEST by Oscar Guerra for Production of Documents from Celanese Corp. , filed. (bchurchill) (Entered: 11/03/1992)

ANSWER by Inc. Arthur Brothers to Interrogatories, filed. (bchurchill) (Entered: 11/03/1992)

NOTICE by Oscar Guerra to take deposition of Robert Regan 10/15/82 @ 9:30 a.m., filed. (bchurchill) (Entered: 11/03/1992)

NOTICE by Oscar Guerra to take deposition of Jack Lockhart 10/15/82 @ 11:00 a.m., filed. (bchurchill) (Entered: 11/03/1992)

Minute entry:, set pretrial conference for 9:30 4/29/83 , set pretrial order due for 4/22/83 , set dispositive motion for extension of time filing deadline for 4/15/83 , (bchurchill) (Entered: 11/03/1992)

JOINT MOTION to extend time for filing pre−trial order by Oscar Guerra, Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/04/1992)

Minute entry: denying [44−1] joint motion to extend time for filing pre−trial order, reset pretrial order due for 4/27/83 , entered. Parties ntfd. ( Signed by Chief Judge James DeAnda ) (bchurchill) (Entered: 11/04/1992)

Minute entry: Pre−Trial Conf. held before Chief Judge James DeAnda, Minutes refer to case C−76−134 &C−80−115. Proposed Joint Pre−Trial Order in file; Opposition to motion to consolidate by defts Mireles and Guerra should be out of the case − Trevino is okay; Court feels that any fingdings made in the Trevino case could be applied to the sub−classes, if appropriate; Mr. Horton to decide w/i 10 days the dismissal of Mireles and Guerra; set Court hearing on the certificate of the porposed class for 9:30 9/27/83 , set amended motion to certifity the class due for 5/31/83 , set discovery due for 8/30/83 , entered. Parties ntfd. () (bchurchill) (Entered: 11/04/1992)

MOTION to certify class pursuant to rule 23 by Oscar Guerra, Motion Docket Date 5/19/83 [47−1] motion , filed (bchurchill) (Entered: 11/04/1992)

MOTION for reconsideration of various pre−trial orders by Oscar Guerra, Motion Docket Date 5/19/83 [48−1] motion , filed (bchurchill) (Entered: 11/04/1992)

MEMORANDUM by Oscar Guerra in support of [48−1] motion for reconsideration of various pre−trial orders , filed (bchurchill) (Entered: 11/04/1992)

INTERROGATORIES of Celanese Corp., Celanese Chemical Co to Oscar Guerra , filed (bchurchill) (Entered: 11/04/1992)

MOTION to certify class pursuant to rule 23(b)(2) by Oscar Guerra, Motion Docket Date 6/21/83 [51−1] motion , filed (bchurchill) (Entered: 11/04/1992)

REQUEST of Oscar Guerra for Admissions pursuant to rule 16, filed. (bchurchill) (Entered: 11/04/1992)

RESPONSE by Oscar Guerra to [50−1] interrogatory(s) requested , filed. (first set) (bchurchill) (Entered: 11/04/1992)

RESPONSE by Celanese Corp., Celanese Chemical Co to [52−1] admission requested , filed. (bchurchill) (Entered: 11/04/1992)

RESPONSE by Inc. Arthur Brothers to [52−1] admission requested , filed. (bchurchill) (Entered: 11/04/1992)

MOTION to extend time to respond to pltf's request for admissions pursuant to rule 36. by Inc. Arthur Brothers, Motion Docket Date 7/19/83 [56−1] motion , filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Celanese Corp., Celanese Chemical Co to [52−1] admission requested , filed. (bchurchill) (Entered: 11/04/1992)

Text not available. (Entered: 11/04/1992)

MOTION pursuant to rule 37 to compel discovery by Celanese Corp., Celanese Chemical Co, Motion Docket Date 7/27/83 [58−1] motion , filed (bchurchill) (Entered: 11/04/1992)

SUPPLEMENTAL RESPONSE by Oscar Guerra to [50−1] interrogatory(s) requested , filed. (bchurchill) (Entered: 11/04/1992)

RESPONSE by Oscar Guerra to [58−1] motion pursuant to rule 37 to compel discovery , filed (bchurchill) (Entered: 11/04/1992)

MOTION for sanctions pursuant to rule 37 by Celanese Corp., Celanese Chemical Co, Motion Docket Date 8/25/83 [61−1] motion , filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Oscar Guerra to [61−1] motion for sanctions pursuant to rule 37 , filed (bchurchill) (Entered: 11/04/1992)

Status conference set at 9:00 9/23/83 in re: Cases Nos. 76−C−134; C−80−49; &C−80−115 (bchurchill) (Entered: 11/04/1992)

SUPPLEMENTAL [58−1] motion pursuant to rule 37 to compel discovery by Celanese Corp., Celanese Chemical Co Supplemental Motion Docket Date 9/14/83 [58−1] motion pursuant to rule 37 to compel discovery , filed. (bchurchill) (Entered: 11/04/1992)

Minute entry:, Any party that feels Judge Hinojosa should recuse himself from this case should file a motion for recusal no later than 10/3/83 , entered. Parties ntfd. ( Signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

Status conference held before Judge Ricardo H. Hinojosa Ct Reporter: Jack Cire; Court will send docket control letters. Attys. are requested to submit w/i 15 days, any pending motions they are urging. Joint employer issue in Trevino &Guerra cases only. (bchurchill) (Entered: 11/04/1992)

Minute entry: Parties are ordered to file with the court w/i 15 days, a list of all pending motions they are urging. , entered. Parties ntfd. ( Signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

RESPONSE by Celanese Corp., Celanese Chemical Co to pltf's motion for atty fees pursuant to 42 U.S.C. $1988 and 2000−e SEQ., filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Celanese Corp., Celanese Chemical Co in opposition to to pltfs request for production of documents pursuant to rule 34 (second set), filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Celanese Corp., Celanese Chemical Co in opposition to [37−1] motion to consolidate pursuant to rule 42(a) and notice of motion , filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Celanese Corp., Celanese Chemical Co in opposition to , filed motion for partial summary judgment (bchurchill) (Entered: 11/04/1992)

RESPONSE by Celanese Corp. to [47−1] motion to certify class pursuant to rule 23 , filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Inc. Arthur Brothers in opposition to [37−1] motion to consolidate pursuant to rule 42(a) and notice of motion , filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Inc. Arthur Brothers to motion for atty fees pursuant to 42 U.S.C. $1988 and 20003 et seq., filed (bchurchill) (Entered: 11/04/1992)

RESPONSE by Inc. Arthur Brothers to pltf's joint motion for partial summary judgment pursuant to rule 56 and motion to suspend local rule 13(b), filed (bchurchill) (Entered: 11/04/1992)

MOTION to expedite , and to bifurcate resolution of the joint employer issue in Guerra and Trevino by Inc. Arthur Brothers, Motion Docket Date 12/4/83 [77−1] motion, 12/4/83 [77−2] motion , filed (bchurchill) (Entered: 11/04/1992)

MOTION for expedited , and bifurcated resolution of the joint employer issue in Guerra and Trevino by Celanese Corp., Celanese Chemical Co, Motion Docket Date 12/26/83 [78−1] motion, 12/26/83 [78−2] motion , filed (bchurchill) (Entered: 11/04/1992)

Pre−trial conference set at 10:30 8/10/84 (bchurchill) (Entered: 11/04/1992)

MOTION postpone pre−trial conf by Celanese Corp., Celanese Chemical Co, Motion Docket Date 8/23/84 [80−1] motion , filed (bchurchill) (Entered: 11/04/1992)

ORDER granting [80−1] motion postpone pre−trial conf , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

MOTION regarding order of 12/16/91 for partial consolidation of prehearing proceedings in the Mireles, Trevino and Guerra related cases and notice of motion. by Oscar Guerra, Motion Docket Date 3/4/91 [88−1] motion , filed (bchurchill) (Entered: 11/04/1992)

Minute entry: All pending motions are denied without prejudice to reurging the same by filing a writtne notice with the court by 11/15/91, indicating which, if any, motion a party would like to reurge. A status conf. is set on 12/16/91 @ 2:30 p.m., entered. Parties ntfd. ( Signed by Judge Ricardo H. Hinojosa ) (bchurchill)

RESPONSE by Inc. Arthur Brothers to [82−1] miscellaneous , filed. (bchurchill) (Entered: 11/04/1992)

MOTION for change of atty in charge by Inc. Arthur Brothers, Motion Docket Date 12/17/91 [84−1] motion , filed (instr. #84−A) (bchurchill) (Entered: 11/04/1992)

ORDER granting [84−1] motion for change of atty in charge terminated Philip J. Pfeiffer Added Paul E. Sexton Jr., entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/04/1992)

MOTION to substitute attorney for deft Hoechst Celanese Advanced Materials Group , Motion Docket Date 1/5/92 [86−1] motion , filed (bchurchill) (Entered: 11/04/1992)

Minute entry: Status Conf. held before Judge Ricardo H. Hinojosa Ct Reporter: Irma Soto granting [86−1] motion to substitute attorney for deft Hoechst Celanese Advanced Materials Group terminated Added granting [77−2] motion to bifurcate resolution of the joint employer issue in Guerra and Trevino, Court advises counsel to file any evidence they will be presenting by 2/14/92 and set evidentiary hearing for 10:00 2/24/92 , entered. Parties ntfd. () (bchurchill) (Entered: 11/04/1992)

MOTION for David Horton to withdraw as attorney by Oscar Guerra, Motion Docket Date 1/19/92 [90−1] motion , filed (bchurchill) (Entered: 11/04/1992)

JOINT MOTION to modify order of 12/16/91 regarding prehearing procedure and for clarification regarding nature and scope of hearing on joint employer issue. by Oscar Guerra, Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/04/1992)

JOINT PRETRIAL ORDER, filed. (bchurchill) (Entered: 11/05/1992)

ORDER granting [89−1] joint motion to modify order of 12/16/91 regarding prehearing procedure and for clarification regarding nature and scope of hearing on joint employer issue., Parties shall file briefs w/i 10 days after the hearing. Any additional motions relevant to the hearing, except motions in limine, shall be served no later than 10 days prior to the hearing. set miscellaneous hearing to 10:00 3/23/92 for [92−2] relief , entered; Parties notified. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/05/1992)

JOINT MOTION to reset hearing on joint employer issue , and joint motion to suspend local rule regarding motion submission and notice of motion by Oscar Guerra, Celanese Corp., Celanese Chemical Co, Inc. Arthur Brothers , filed (bchurchill) (Entered: 11/05/1992)

ORDER granting [88−1] motion regarding order of 12/16/91 for partial consolidation of prehearing proceedings in the Mireles, Trevino and Guerra related cases and notice of motion. , entered; Parties notified. The Court Orders the partial consolidation of prehearing procedures of the three related cases, Mireles, Trevino and Guerra for the purpose of facilitating filing with the court. The parties shall file with the clerk all documents that relate to the pretrial hearing under the lead case styled, Trevino v. Celanese (C−80−49). The filing in Trevino shall constitute filing in Mireles )76−C−134) and Guerra (C−80−115). signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered: 11/05/1992)

ORDER granting [93−1] joint motion to reset hearing on joint employer issue granting [93−2] joint motion to suspend local rule regarding motion submission and notice of motion , entered; Parties notified. The Order previously setting hearing on the vicarious liability issue is vacated and the hearing is reset for the 27th day of April 1992 at 10:00 a.m. The parties may amend or supplement the exisiting prehearing order as appropriate in light of the settlement up to ten days before the hearing. ( signed by Judge Ricardo H. Hinojosa ) (bchurchill) (Entered:

Alternative Dispute Resolution Questionaire mailed to all parties of record. (mkalmbach) (Entered: 06/23/1993)